Last Updated: August 21, 2009
Thank you for using Webs.com owned and operated by Webs, Inc. ("Webs" or "us" or "we" or "our") where we provide the Webs platform (“Webs Platform” or “Platform”) and offer website building tools, web hosting, website space and many related services, including site building, editing, promotion tools, and membership tools (collectively, "Services"), which allow you to create and operate your own Website. The following terms and conditions (the "Terms of Service") covers your use of the Webs Platform and Services (collectively, and individually as applicable, “Webs.com”) for creating and enjoying Websites through Webs.com. These Terms of Service form a binding agreement (the “Agreement”) between you and us, where the terms "you" or “your” refers to the person accessing or using Webs.com, or the company or organization on whose behalf that person accesses the Webs.com. Please review the following terms carefully. By browsing or registering with Webs.com, creating or using Websites built through Webs.com you are agreeing to these Terms of Service, and these Terms of Service will govern your use of Webs.com. If you do not agree to these Terms of Service, you must cease use of Webs.com.
These Terms of Service contain general terms that apply to you as a User (as defined below) of Webs.com, along with additional terms that may apply to you as a Website Creator (as defined below) if you decide to create your own Website. When using Webs.com, you will also be subject to the Webs Privacy Policy and additional posted guidelines, policies or rules applicable to specific services and features on Webs.com, which may be posted by us from time to time (collectively, the "Guidelines"). All of these Guidelines are part of this Agreement and are hereby incorporated by reference. You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service. If you are using or creating a Website on or through Webs.com as a representative of a company or legal entity, (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms "you" and "your" in this Agreement refers to your company or legal entity. We will provide Users and Website Creators access to the Webs.com so long as our Agreement with you remains in effect, provided that your use of Webs.com will at all times be bound by these Terms of Service. The terms of service governing use of Webs.com by Website Creators differs slightly from the terms governing use by Users. Both are set forth below and both may apply to you depending on how you use Webs.com.
DEFINITIONS AND DESCRIPTIONS
"Content" means (i) any work of authorship in a Website, including, comments, recommendations, forums, photos, videos, music, sounds, images, text, files, listings, logos, trademarks, postings, messages, tags and other content added to or submitted with any of the foregoing; or (ii) other materials posted on or transmitted through any Website or Webs.com. "Your Content" is any Content that you submit to a Website or Webs.com, either as a User, Webs Member, Website Member or Website Creator (all as defined below). If you are a Website Creator, Your Content includes the name, logo, trademark, brand features and other Content that you (and not the Website Members of Your Website(s) make available). Content does not include any Website Code or Platform Code.
"Members" means both Website Members and Webs Members.
"Member Services" means the services provided by Webs to Website Members. Member Services include, but aren't limited to: Website Member registration, Website Member sign in and authentication, a message center, contact management (including the ability to import contacts from third-party email services), and a set of Website membership management services, including a listing of the Websites to which a particular Website Member belongs, among others services. Member Services do not include any services that Website Creators provide to their Website Members.
"Platform Code" means the proprietary portion of Webs.com that is used to interpret the Website Code and other services available on or through Webs.com.
"Premium Services" are services provided by Webs to Website Creators or Members for a fee.
"Users" are all end users of Webs.com, and include you, any users, all Members, and all Website Creators.
"Webs ID" is an account you create with Webs which includes a name, email address, password, site title, and site address. When you register as a Website Member on one or more Websites on Webs.com, you use the email address and password portion of your Webs ID to authenticate with each such Website. Additionally, each Website of which you become a Website Member will have access to your email address and name as stored in your Webs ID and this information will be pre-populated into both Your Webs Profile (as defined below) and Your My Profile (as defined below) upon sign-up.
"Website ID" is an account you create when you register as a Website Member on one or more Websites on Webs.com. Each Website of which you become a Website Member will have access to your email address and name as stored in your Webs ID and this information will be pre-populated into both Your Webs Profile (as defined below) and Your My Profile (as defined below) upon sign-up.
"Websites" consist of Website Code and other Content and are web applications running on top of the Webs Platform. Websites are created by Website Creators and are provided for access and use by Users and Website Members of that Website. Website features may include Website Member profiles, friends, invitations, discussion forums, photo sharing, video sharing, music and podcast sharing, on-line shopping events, latest activity streams, RSS feeds, pages, ratings, reviews, and recommendations, among others. If you are a Website Creator, "Your Website" is a Website created and operated by you on Webs.com.
"Website Code" means the software code (i.e., HTML, Javascript, or PHP code) used to provide the functionality for a Website that is interpreted by the Platform Code (as defined below). Website Code consists of Webs proprietary code, third party software, as applicable, but expressly excludes Platform Code.
"Website Creator" is a User who creates and operates one or more Websites through Webs.com. A Website Creator is by definition a User and a Member of each of his or her Websites.
"Website Creator Services" are the services Webs provides to Website Creators. Website Creator Services include, but aren't limited to: a Website Creator's own Website application; Website Member registration and authentication services; Website Member account management; Website management and security applications; internal and external APIs; Javascript-compatible APIs; a semi-structured content store; and Website display, management, and search services. Certain basic Website Creator Services are provided free of charge when you create a Website through Webs.com.
"Website Member Data" means data provided by or collected from a Website Member by a Website Creator for a particular Website, such as profile data, including certain items of registration information (e.g. email addresses), answers to Website profile questions, forum posts, and statistical information about Content contributed. Website Member Data does not include any Webs Member Data.
"Website Members" are Users who have also registered with a particular Website on Webs.com using their Website ID. "Your Website Members" are Website Members who have registered with Your Website.
"Webs Members" are Users who complete a registration process with Webs and obtain a Webs ID. Webs Members may also (but are not required to) become Website Members.
"Webs Member Data" is data collected from Webs Members by Webs, including the data collected for the Webs ID and any data provided in Your Webs Profile (as defined below). Webs Member Data does not include Website Member Data.
"Webs Profile" means information that, if you are a Webs Member, you have provided to Webs that is aggregated by Webs into a master profile. Your Webs Profile is separate from any profile that you create on a particular Website ("My Profile"). "Your Webs Profile" is a Webs Profile created by you through Webs.com.
"Webs Technology" means the past, present and future content of Webs.com, including all software in any format (including the Platform Code and Website Code), hardware, products, processes, algorithms, user interfaces, know-how, techniques, organization, designs, text, images, photographs, illustrations, audio or video material, artwork, graphic material, podcasts, advertising copy, databases, proprietary information, all copyrightable or otherwise legally protectible elements of Webs.com and all other tangible or intangible materials related to, displayed, performed or distributed on or through Webs.com, including, the selection, sequence, and "look and feel" and arrangement of items on Webs.com, and all Webs Marks (as defined below), domain names, patents, and other intellectual property. Webs Technology does not include Your Content.
WEBSITE CREATOR TERMS OF SERVICE
The Sections below relate to the terms of service specifically applicable to Website Creators. If you are a User, the terms governing your use of Webs.com are set out later in these Terms of Service under the heading “User Terms of Service.” As a Website Creator, you are subject to both the Website Creator Terms of Service and the User Terms of Service.
These terms of service cover your creation and ongoing operation of your own Website through Webs.com.
Benefits of Creating Your Website on the Webs Platform; Website Member Data
We provide Website Creator Services and Member Services through Webs.com to enable you to create and manage your own Websites on Webs.com. Because we want you to have as much freedom over your Website as possible, you control your Website and Webs does not claim any ownership rights in Your Content or any Content posted by Users or Members of your Websites. Therefore, Webs takes no responsibility for any Content located in Your Website and Webs has no obligation to monitor such Content or Your Website. You have full access to the Website Member Data that you collect on your Websites. Webs also provides you with access to certain Webs Member Data and Member data that we collect as part of our Member Services.
Licenses to Your Content
You may upload to Webs.com, for use in your Website, any Content to which you have the rights required by this Agreement, and is otherwise in accordance with this Agreement. You hereby represent that you have all rights necessary to grant the licenses applicable to Your Content, as described in this Agreement. You agree not to include in Your Content any Content for which you don't have sufficient rights and agree to comply with the third-party license (if any) and restrictions applicable to each item of Content you post, copy, access, or use.
You hereby grant Webs a worldwide, sub-licensable, royalty-free license to use, reproduce, modify, distribute, publicly display, publicly perform, and create derivative works of Your Content for the purpose of hosting and making your Website available on Webs.com.
Webs Marks; Templates
Webs reserves the right to include within Your Website applicable Webs copyright and trademark notices for Webs.com and links to the Terms of Service, Privacy Policy and other Guidelines. All notices and links will be displayed consistently in such form and placement as determined by Webs. For purposes of this Agreement, all templates offered by Webs are copyrighted material and are considered part of Webs.com. Such templates are offered for use to Webs users under license only, and are not offered for sale or unbridled use. Such license limits use of Webs templates to Websites hosted by Webs through Webs.com. Webs templates may not be transferred to or hosted on another web host or Internet Service Provider.
Support and Interaction
Webs provides you the ability to create and enhance your Website(s). You are responsible for implementing and maintaining all support for your Website(s), including answering questions from your Members. To enable a great experience for all Users on Webs.com, you must ensure each Website you create or manage does not unduly degrade the performance of Webs.com. If your Website(s) exceed the quotas and limitations set by Webs (e.g., storage or bandwidth) or otherwise degrade performance of Webs.com or other services in any way, we may suspend and/or terminate your Website(s) at our sole discretion.
Premium Services
Creating a Website is generally free. A Website comes with 400MB of storage and 5GB of bandwidth. On free Websites, Webs reserves the right to run advertising on your Website. There are two primary ways that we support the Webs Platform: through advertising and Premium Services. As a Website Creator, you can also purchase one or more Premium Services from us. Today, Premium Services include various options such as running your own advertising, using your own domain name, removing Webs promotional links, and the option to purchase additional tiers of storage and of bandwidth. The categories and prices of our Premium Services are described here and are subject to change from time to time. Webs may choose to temporarily change the fees for the Premium Services for promotional or new services, and such changes are immediately effective when Webs posts the temporary promotional event or new service on the Webs Platform. Any changes to fees for Premium Services that are not temporary or promotional will be effective thirty (30) days after we provide you with notice by posting such changes on Webs.com. The changes shall only apply prospectively to the Premium Services you've purchased. Unless otherwise stated, all fees are quoted in U.S. Dollars.
Payment Generally
You are responsible for paying all fees and applicable taxes associated with the Premium Services in a timely manner with a valid payment method. You authorize Webs to charge your credit card, charge card, debit card, PayPal, or financial institution account (herein "Payment Method") for all charges to your accounts with Webs. Your Payment Method will be charged the current fee for the Premium Service you choose on the date that you click on the "Purchase" button in the ordering process. Today, we only offer recurring payments. You agree that Webs may automatically charge the fee to your Payment Method at the beginning of each recurring period. For example, if you choose a Premium Service with a monthly plan, you will be billed every month on the anniversary date of the date you clicked the "Purchase" button. Additionally, we may offer a pre-pay payment option for payment of Premium Services ("Pre-Payment Plan"). If you opt for Pre-Payment plan, your Payment Method will be charged the then-current fee for that Premium Service at the commencement of each renewal period.
You acknowledge and agree that any credit card and related billing and payment information that you provide to Webs may be shared by Webs with companies who work on Webs' behalf, such as payment processors and/or credit agencies, solely for the purpose of checking credit, effecting payment to Webs and servicing your account. The terms of your payment will be based on your chosen Payment Method and may be determined by agreements between you and the financial institution providing such Payment Method. You agree to pay Webs all charges incurred under your account for any Premium Service in which you or anyone else who uses your account (including children, family and friends) enroll in accordance with this Agreement and any applicable Premium Services policies. If your Payment Method fails or your account is past due, (a) you agree to pay all amounts due on your account upon demand, (b) Webs may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (c) Webs reserves the right to either suspend or terminate your Premium Services or your account with Webs, including deletion of your Website from Webs.com. Except as may be set forth herein, any fees charged to your account are non-refundable. You agree to submit any disputes regarding any charge to your account in writing to Webs within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge. Refunds (if any) made pursuant to such dispute, are at the discretion of Webs.
Taxes
You are responsible for paying any governmental taxes imposed on your use of Webs.com, including, but not limited to, sales, use, or value added taxes. If requested, you will promptly furnish to Webs the applicable receipts and/or certificates regarding such remittances as soon as reasonably practicable. To the extent that Webs is obligated to collect such taxes, the applicable tax will be added to your billing account.
Money-Back Guarantee
Webs provides both free and paid services to Users. Paid services include a 30-day money-back guarantee. If you are dissatisfied with your service for any reason, you will receive a full refund (minus domain name registration fee and overage charges) if you cancel your paid services within 30 days of the activation of your account. The 30-day money-back guarantee does NOT apply to domain name registration or other services. Once you purchase your domain name, you are its owner and it cannot be "returned" until the duration of the domain term has expired.
Advertising on Websites
On free Websites, we have the exclusive right to sell, run and/or serve third-party advertising on your Website. If you are a Website Creator, you agree not to include any advertising for anything other than Your Website, including ads served via an ad-server service like Google AdSense, in any Website, or any of Your Content you provide on Webs.com. If you pay the Premium Service fees to run your own ads, however, you may include third-party advertisements or sponsorships on Your Website. If you run your own ads, Webs will have the option, which we may exercise on notice to you, to offer and display, in partnership with you, all or some of such advertisements on Your Website. Webs may establish general policies and guidelines surrounding the running of your own ads ("Advertising Policies"). Any such Advertising Policies are part of this Agreement and are subject to change from time to time.
YOU AGREE THAT WEBS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON YOUR WEBSITE. Webs reserves the right to include promotional links on Your Website(s) at no cost to Webs, unless you pay the applicable Premium Service fees to remove promotional links. Removal of promotional links does not include removal of required Webs legal notices and links to Webs Terms of Service, Privacy Policy and Guidelines or any statement indicating that Webs uses Webs ID for authentication upon sign in by Your Website Members.
Acceptable Use and Conduct
You are solely responsible for your conduct, Websites, and Content on Webs.com. You acknowledge that any use of any Websites on the Webs Platform (including those you create) is governed by the Agreement You agree to comply with the provisions of this Agreement, and for the purposes of this obligation, “Content” will include the domain name you choose for your Website, and Your Content. Any Content you upload, post or serve to your Website is governed by the Agreement, and the Webs Privacy Policy applies to any Personal Data (as defined in the Webs Privacy Policy) we collect from you as a Website Creator.
You agree not to post adult Content (“Adult Content”) on your Website, unless notice of such Adult Content is provided to Members and registration is required first. Websites with Adult Content visible to non-Members may be shut down at Webs’s sole discretion and with no notice.
Your Website shall not be designed or implemented in a way that, as determined by Webs in its sole discretion, might mislead a User into believing that: (i) he or she is interacting directly with Webs when interacting with Your Website, or (ii) any of Your Website was created by or are endorsed by Webs.
User Data and Relationship
Through our Member Services, Webs will collect Member data from Members of Your Website(s) and information about Members’ use of Your Website(s). Webs will share such Member data with you subject to your Website Privacy Policy. In addition, subject to this Agreement, you may collect Website Member Data from Members of your Website(s) and about Members’ use of your Website(s), and if you do so, you hereby agree that such Website Member Data shall not be used in a manner inconsistent with, or that causes Webs to violate the Webs Privacy Policy.
You hereby agree that your use and disclosure of Website Member Data and any Webs Member Data shall: (a) comply with all Guidelines; and (b) be reasonably protective of each Website Member's rights and in no event shall you observe standards of privacy and confidentiality in connection with the use and disclosure of Webs Member Data or Website Member Data that are less stringent than the standards set forth in the Webs Privacy Policy.
You must clearly communicate on your Website that your Website uses Webs ID authentication (including, on each page of Your Website on which information is collected for purposes of Webs ID authentication) and that each of Your Website Users will be sharing the data they provide to you with Webs. This is for clarity and to ensure Your Website Users are aware of this relationship. You may have your own agreement(s) between you and each of your Users, provided that each such agreement includes references to Webs and this Agreement, and is consistent with this Agreement. You will ensure that each privacy policy and/or agreement you have with a User does not supersede or amend this Agreement or any Guidelines. You acknowledge and agree that Webs will also maintain a separate relationship with each User.
You must maintain a privacy policy for your Website (“Website Privacy Policy”): (a) that accurately and completely describes your practices with respect to User data (including your practices with respect to User access and choice regarding your collection practices, data transfers to third parties (including to Webs as provided in this Agreement), security, data integrity, and dispute resolution), (b) that you make available as a link from (at least) the main page of your Website, (c) that complies with all applicable laws, (d) that provides Users notice and choice with respect to your privacy practices, and (e) for which you obtain consent from each User of the Website. You agree to treat all User data solely in accordance with your applicable Website Privacy Policy. If Webs provides you, as a Website Creator, Personal Data (as defined in the Webs Privacy Policy) about other Users, you agree to (1) comply with applicable law and Webs's rules and Guidelines with respect to such Personal Data and (2) to indemnify Webs for your use of such Personal Data. You also agree not to knowingly collect any information from, or develop any Websites that are targeted at, children under the age of 13.
Subject to this Agreement and each Website Member's rights, all Website Member Data shall be the property of the applicable Website Creators. That being said, Webs needs to run Your Website on Webs.com. To this end, as a Website Creator, you hereby grant Webs a nonexclusive, worldwide, perpetual, irrevocable, transferable, sublicenseable, fully paid-up, royalty-free right and license to (i) use, reproduce, store, create derivative works of, distribute, publicly perform and display the Website Member Data on or through Webs.com and in all current and future media in which the Webs Platform may be distributed; (ii) use and disclose the Website Member Data and related metrics in an aggregate or other non-personally identifiable manner (including, for use in targeting advertising in a non-personally identifiable manner through and in connection with Webs.com; and (iii) use Website Member Data for other purposes permitted by the Webs Privacy Policy.
You acknowledge that Webs may receive requests from Users or persons authorized to act on behalf of such Users to modify or delete personally identifiable information relating to such Users on Your Website. Accordingly, you agree that, within 24 hours of any email request by Webs, you will: (a) delete all Website Member Data and other personally identifiable information in your possession or control relating to a particular User as specified by Webs; and (b) confirm such deletion in email notice to Webs. Webs is not required to keep back-up copies of Website Member Data on Webs.com once the Website or Website Member Data is deleted. Webs makes no guarantee that Website Member Data will be safely stored on Webs.com. To be safe, you should independently back-up Website Member Data.
You acknowledge that Webs may terminate the account of any User (including Members of your Website(s)) in accordance with this Agreement.
Webs Platform Policies
Webs may establish general polices and limits concerning use of Webs.com (“Webs Platform Policies”), including (and without limitation) the maximum number of days that Websites and uploaded Content will be retained, the maximum number of and size of Content files and objects (including email messages), the maximum disk space allotted to you or your Website(s), the maximum number of times and duration for which you may access Webs.com or Websites in a given period of time, the maximum bandwidth used by your Website(s) or Content, and the maximum CPU power used by your Websites or Content. Webs reserves the right to log off or deactivate Member accounts that are inactive for an extended period of time.
The Webs Platform Policies currently limit the number of Websites a Website Creator can create to ten (10), each with a quota limit of 400MB (megabytes) for Content, 5GB (gigabytes) per month of Website bandwidth, and 150 minutes of the High Quality video. The Webs Platform Policies are subject to change as described in the section titled “Amendments.”
Copyright Infringement
You agree to promptly address any copyright owner's written notice (including any notices forwarded to you by Webs) that specified Content posted on a Website that you control infringes that third-party's copyrights, provided that the notice substantially complies with the requirements in the Digital Millennium Copyright Act (DMCA). If you receive a counter-notice from the applicable User instructing you to replace the allegedly infringing Content, you agree to comply with it and to forward a copy of it to Webs. Webs may remove any allegedly infringing Content without any liability to you or to the User that posted such Content.
Webs maintains and enforces a policy of terminating the accounts of User and Website Creators who are repeat copyright infringers.
Your Website Creator Account
You must register on Webs in order to become a Website Creator on Webs.com. As a Website Creator, we also ask you to create a separate security password (“PIN”) in addition to your Webs ID and Member password. You are responsible for keeping both your Webs ID, Member password and your PIN secure.
When you create Your Website, Webs gives you the flexibility to choose your own subdomain for Your Website (e.g.," developer" in the example: http://developer.webs.com) (" Website Subdomain"). Webs maintains ownership of your Website Subdomain and grants you a limited, non-exclusive, non-sublicensable, non-transferable, freely revocable, license solely to use the Website Subdomain on the Webs.com. The Website Subdomain you choose for your Website and Webs IDs are non-transferable. You will be solely responsible and liable for any activity that occurs under your Website Subdomain and Webs ID.
Website Creator Indemnification Obligation
You agree to indemnify, defend, and hold harmless Webs, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to:
Your interactions with Users, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the User. Like with any web-based interaction, we suggest that you use caution and good judgment. If there is a dispute between you and any third party (including any User), Webs is under no obligation to become involved.
You hereby release Webs, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other Users.
USER TERMS OF SERVICE
The Sections below relate to the terms of service specifically applicable to Users. If you are a Website Creator, in addition to the following terms of service regarding Users, your use of Webs.com is governed by the terms set forth above under the heading “Website Creator Terms of Service.”
In addition to these Terms of Service, You agree and acknowledge that Your use of any Website may be subject to additional terms and conditions of the Website Creator for such Website, which are not governed by this Agreement. You agree that Webs is not responsible and not liable to you or any third party for any information you may upload or otherwise provide on or through a Website to a Website Creator, Website Member, User or third party, you are solely responsible for such information and submit such information at your own risk, and in accordance with any applicable agreements between you and the Website Creator.
Proprietary Rights Regarding Webs.com and Content.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to Webs and the Webs Technology, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to You under any of those intellectual property rights by virtue of this Agreement. Webs and its licensors own and retain all proprietary rights in the Webs Technology (including all upgrades, new features, and enhancements thereto). Webs.com contains the copyrighted material, trademarks, and other proprietary information ("Intellectual Property") of Webs, and its licensors, including other Webs.com users. Except as expressly set forth herein, Webs.com does not transfer to You or any third party any rights, title or interest in or to such Intellectual Property, including, without limitation, any intellectual property rights in any Content (as defined below) and material included therein. There are no implied licenses under this Agreement, and all rights not expressly granted are hereby reserved.
You agree that any questions, comments, suggestions or the like other than personally identifiable information (collectively, the "Feedback") sent to Webs, shall become the sole property of Webs. You hereby assign all rights, title and interest in such Feedback to Webs, and you acknowledge and further agree that Webs shall be free to use and exploit in any manner any ideas, concepts, know-how or techniques contained in such Feedback for any purpose without any obligation of confidentiality, attribution or compensation to you or a third party and without your or a third party's consent.
Webs does not claim any ownership rights in Your Content. After posting Your Content, you continue to retain ownership of Your Content, and you continue to have the right to use and license Your Content in any way you choose. The Content that you upload to any Website needs to comply with the terms of this Agreement. At any point, you can take Your Content from Your Website and cancel your account and Webs does not retain any license rights except as provided herein. However, if you load Your Content to another Website, the terms of service for that Website may have different terms.
You hereby grant Webs, during the course of your usage of Webs.com, a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable right and license to (i) use, reproduce, create derivative works of, distribute, publicly perform and publicly display Your Content (a) for the sole purpose of operating and making Your Content available on Webs.com and any applicable Website and in all current and future media in which Webs.com may now or hereafter be distributed or transmitted or (b) for our internal business purposes; and (ii) disclose metrics regarding Your Content on an aggregated basis for advertising, marketing and business development purposes. Without limiting the foregoing, Webs reserves the right to retain copies of Content for archival purposes after termination of the Agreement.
You hereby agree that if Your Content is removed from any Website due to a violation of this Agreement, including in response to any valid DMCA (as defined below) take down notice or because such Content contains illegal images, Webs shall have the right to provide, copy and disclose Your Content in any manner without restriction, including in response to any subpoena or other judicial or administrative order, to assist government enforcement agencies or otherwise required by law and to protect the rights, property or safety of Webs, any individual, or the general public.
In addition to the rights, licenses and privileges referred to above, you agree that Webs, in its sole discretion, may use and refer to your trademarks, service marks, trade names, image, character, logos, domain names and other distinctive brand features or identification in marketing materials, financial reports, presentations, website materials, customer lists and other media now known or hereafter discovered in connection with the marketing, advertising and promotion of the Webs Platform, and any products, goods, features, capabilities and/or services associated with the Webs Platform.
We want to encourage sharing of Content between Users and Websites across Webs.com. To this end, by uploading Content to a Website in which the Content is designated as public Content, you grant to all other Users a nonexclusive license to reproduce, create derivative works of, distribute, publicly perform, and publicly display such Content on the condition that the Content is attributed in a manner specified by its author, if at all (a “Public Content License”). If you upload Content to a Website in which the Content is designated as private Content, you grant to all other Users of that Website a nonexclusive license to reproduce, distribute, publicly perform, and publicly display such Content on that Website (including any RSS feeds and other distribution that is part of such Website) (a “Private Content License”). Unless you expressly state alternative applicable license terms in connection with your Content submission, the Public Content License will apply by default to Public Content and the Private Content License will apply by default to Private Content.
Right to Access the Webs Platform and Services
During and subject to the terms and conditions of this Agreement, Webs will provide you with access to Webs.com solely to enable your use of the Webs Platform and Services as permitted under this Agreement. You acknowledge that you shall acquire no rights in Webs.com, which does not include Your Content or Your Code, are owned by Webs or its licensors. Any use of third party software provided in connection with Webs.com will be governed by such third parties’ licenses and not by this Agreement. We reserve the right, in our sole discretion, to deny use of Webs.com to anyone for any reason.
Restrictions
Except as expressly permitted under this Agreement, you agree not to, nor will you allow any third party (whether or not for your benefit) to:
Your Content
You are responsible for making sure that you have all rights in Your Content, including the rights necessary for you to grant the foregoing licenses to Your Content. You are solely responsible for Your Content that You post on or through Webs.com, or transmit to other users or third parties. You understand that whether or not Your Content is published or marked private by you, Webs does not guarantee any confidentiality or privacy with respect to any of Your Content. You agree not to include any advertising in any of Your Content unless you are a Website Creator who has purchased the Premium Service to run your own advertising on Your Website. You understand and agree that Webs and its designees reserve the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display, or transmit any Content through or on any Website or Webs.com in whole or in part at any time for any reason or no reason with or without notice and with no liability of any kind, including, without limitation, any Content that in the sole judgment of Webs violates this Agreement or the Guidelines or which might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of other users or third parties. By posting Content to any area of Webs.com, You represent and warrant that You have the right to grant the license to Your Content set forth in the Proprietary rights section above. In addition, You represent and warrant that You have the right to post the Content and You will not post any illegal or prohibited Content and will not infringe, misappropriate, violate or contravene any third party rights (including, without limitation, any intellectual property rights). Webs reserves the right (but is not obligated) to investigate and to take appropriate legal action in its sole discretion against anyone who violates this Agreement, including without limitation, removing the offending Content from Webs.com or any Website and terminating access to Webs.com for such violators. Webs reserves the right to disclose all content that You upload, post, transmit or otherwise make available via Webs.com (whether or not directed to Webs) if required to do so by law or in the good faith belief that such disclosure is necessary or appropriate to conform to the law or comply with legal process served on Webs, to protect and defend the rights or property of Webs, Webs.com or our customers, whether or not required to do so by law, or to protect the personal safety of our customers or the public.
Additionally, you understand and agree that Your Content that is displayed through Webs.com or a Website may continue to appear there, even after you have terminated your Webs Member or Website Member account or terminated these Terms of Service, as portions of Your Content may have been incorporated into User profiles, RSS feeds or other features.
If a Website is removed from Webs.com, the Content associated with that Website may also be deleted at the discretion of the Website Creator or Webs. We encourage you to be sure you are comfortable with this possibility before contributing Your Content to a Website. You should be aware that Webs is not required and may not keep back-up copies of Content (including Your Content) on Webs.com once the Website or Content is deleted. Additionally, Webs makes no guarantee, either during or after the term of this Agreement, that Your Content will be safely stored on Webs.com and you should independently back-up Your Content. This Agreement includes a number of licenses that are necessary for Webs to make your Website and your Content available through Webs.com. For example, without the right to modify Content, Webs would not be able to format Content to meet technical requirements, and without the right to publicly perform or publicly display Content, Webs could not make the Content available for other Users to view.
Third Party Content and Interaction; Third Party Sites
You agree to comply with the license and restrictions applicable to each item of Content you post, copy, access, or use. You understand that by using Webs.com you may be exposed to Content that is offensive, objectionable, or indecent, and that you use Webs.com at your own risk. Content from other Users or third parties is made available to you through Websites and Webs.com. The inclusion of any such Content on Webs.com does not imply our affiliation or endorsement of such Content. Because Webs does not control such Content, you agree that Webs is not responsible for any such Content, including without limitation, any advertising and information about third party products or services, or the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of any such Content. Your interactions with other Users and third parties on the Webs Platform, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the User or third party as applicable. Like with any web-based interaction, we suggest that you use caution and good judgment. You agree that Webs is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User's or third party’s use or disclosure of your Personal Data (as defined in the Webs Privacy Policy). If there is a dispute between you and any third party (including any User), Webs is under no obligation to become involved. You release Webs, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to: (i) any disputes with other Users and third parties, and/or (ii) Webs.com.
Additionally, Webs, Website Creators, Users or third parties may provide hyperlinks on Webs.com or Websites, or any other form of link or redirection of your connection to other sites ("Third Party Sites"). Links to these Third Party Sites are provided solely for your convenience and in no way does the inclusion of any link on Webs.com or any Website imply Webs's affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. Webs expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through Webs.com. ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.
Privacy of Your Information
While Webs has the Webs Privacy Policy governing data we collect, we do share data with Website Creators. Each Website may have its own privacy policy and such privacy policy may differ from the Webs Privacy Policy. Because Webs does not control the Content of a Website, nor its privacy policy, Webs cannot be, and is not, responsible for what a Website Creator may do with Your Content or personal information. That is why it is important for you to decide what information you are willing to share with Website Creators. If a Website Creator does not have a privacy policy, you should assume they can do whatever they want with your content and personal information and act accordingly.
Premium Services
Webs offers fee-based premium services as described here on Webs.com. If you choose to become a Website Creator and sign up for a premium service, you agree to pay the applicable fees and abide by any additional requirements or rules associated with that premium service as described above in the Website Creator Terms of Service.
Acceptable Use and Conduct
At the risk of sounding repetitive, you are solely responsible for your conduct, Websites, and Content on Webs.com.
You also agree not to upload, post, email, or otherwise make available any Website, Content that:
Additionally, you agree not to:
Privacy and Spam
You agree to comply with all applicable laws with respect to
You agree to comply with all relevant aspects of the Webs Privacy Policy. You agree not to collect or use Personal Data except as permitted by the Webs Privacy Policy. You agree not to use any Personal Data disclosed to you by Webs for any purpose other than using Webs.com or a Website in accordance with this Agreement and the applicable Guidelines. You agree not to harvest any email addresses from Websites or Webs.com for the purpose of sending email in violation of applicable law. You agree not to knowingly collect any information from children under the age of 13.
Copyright Takedown Notice
We respect the intellectual property of others, and we ask You to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent (identified below) the following information:
Our copyright agent for notice of claims of copyright infringement on Webs.com can be reached by directing an e-mail to abuse@webs.com.
Webs Platform Policies
Webs may establish general polices and limits concerning use of the Webs Platform (“Webs Platform Policies”), including (and without limitation) the maximum number of days that Websites and uploaded Content will be retained, the maximum number of and size of Content files and objects (including email messages), the maximum disk space allotted to you (as a Website Creator) and to Users on your behalf by Webs, the maximum number of times and duration for which you may access Webs.com or Websites in a given period of time, the maximum bandwidth used by your Apps or Content, and the maximum CPU power used by your Websites or Content. Webs reserves the right to log off or deactivate User accounts that are inactive for an extended period of time. The Webs Platform Policies today limit the number of Websites a Website Creator can create to ten (10), each with a quota limit of 400MB (megabytes) for Content, and 5GB (gigabytes) per month of Website bandwidth.
Your Account
You need to register and create a Webs ID in order to become a Webs Member, Website Member on the Webs.com. You are responsible for keeping your Webs ID password secure. Webs IDs are non-transferable. You will be solely responsible and liable for any activity that occurs under your Webs ID. Webs reserves the right to log off or deactivate Member accounts that are inactive for an extended period of time. You may not use anyone else's account, Webs ID at any time, without the permission of the account holder. You should never give out your password to another individual or entity. Webs will not be liable for any loss that you may incur as a result of someone else using your Webs ID, or password, either with or without your knowledge. However, you may be held liable for losses incurred by Webs or another party due to someone else using your Webs ID, or password. In other words, please be careful with your identity and passwords.
Indemnity
You agree to indemnify, defend, and hold harmless Webs, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to
Webs reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Webs. Webs will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Disclaimer of Warranties
YOUR USE OF WEBS.COM, AND ALL WEBSITE CODE, PLATFORM CODE, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK. WEBS.COM, AND ALL WEBSITE CODE, PLATFORM CODE, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WEBS AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. WEBS AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT WEBS.COM,, OR ANY WEBSITE CODE, PLATFORM CODE, THIRD PARTY SOFTWARE, OR CONTENT (INCLUDING THIRD PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT WEBS.COM, OR THE SERVER THAT MAKES WEBS.COM, AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WEBS MAKES NO GUARANTEE REGARDING (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON WEBS.COM, OR WEBSITE; OR (B) THE VOLUME AND QUALITY OF ANY TRAFFIC TO YOUR WEBSITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF WEBS.COM, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WEBS OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM WEBS.COM, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL WEBS OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WEBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE WEBS.COM; OR (B) ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (IN THE AGGREGATE FOR ALL POTENTIAL CLAIMS BY YOU) IN EXCESS OF THE GREATER OF (i) $100 AND (ii) THE TOTAL AMOUNTS PAID TO WEBS BY YOU IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN WEBS AND RECEIVED BY YOU THROUGH OR ADVERTISED ON WEBS.COM OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
Changes to Webs Platform
Webs reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Webs Platform or any part thereof with or without notice. Webs will not be liable to you or to any third party for any modification, suspension or discontinuance of Webs.com.
Amendments
We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version on www.webs.com or elsewhere on Webs.com. The revised version will be effective at the time we post it. Please check this Agreement and any Guidelines periodically for changes. Your continued use of Webs.com or any Website after posting of the changes constitutes your binding acceptance of such changes. We last modified this Agreement on the date stated above. However, if the revised version includes a material change, it will be effective for an existing User (including Webs Member, Website Member or Website Creator) on the earlier of (a) the date you accept it, and (b) 30 days after the material changes are initially posted to www.webs.com or elsewhere on Webs.com. The revised version will apply to you immediately if you are a User who registers or first uses Webs.com on or after the posting of the revised version.
Term and Termination
This Agreement shall remain in full force and effect unless and until your account is terminated as provided herein. You may terminate your account and end your use of Webs.com at any time and for any or no reason by following the instructions here. Webs has the right (at its sole discretion) for any reason to (i) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of Webs.com or any Website, (ii) remove and discard any Content within any Website or anywhere on Webs.com or (iii) shut down a Website, with or without notice, and with no liability of any kind to you.
If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law.
Effects of Terminating
Upon deactivating your account, this Agreement terminates and your access rights to Webs.com and any Websites immediately cease to exist. For Content you wish to delete from Webs.com, you can delete it by going to each of the Websites to which you've contributed. Webs is not responsible for deleting Content on your behalf and Webs will not have any obligation to assist you in migrating your data or your Website(s) off of Webs.com. Note that, even if Content is deleted from Webs' active servers, it may remain in archives. Webs will have no obligation to refund any fees paid for Premium Services.
Survival
The provisions under the following headings will survive termination of this Agreement for any reason: Payment, Copyright Infringement, Website Creator Indemnification, Third Party Content and Interaction; Third Party Sites, Acceptable Use and Conduct, Privacy and Spam, Disclaimer of Warranties, Indemnity, Limitation of Liability, Effects of Terminating, Survival, Laws and Arbitration, General.
Law and Arbitration
This Agreement shall be governed by the laws of the State of Maryland without giving effect to any principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state courts and federal courts located within the State of Maryland for the purpose of litigating all such claims or disputes Any claim or dispute in connection with this Agreement shall be resolved in a cost effective manner through binding non-appearance-based arbitration and has to be initiated within thirty (30) days after it arises, or the cause of action is barred. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.
United States Export Controls
You agree to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. Specifically, you agree that you shall not -- directly or indirectly -- sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such software or technology) received from Webs under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. You agree to indemnify, to the fullest extent permitted by law, Webs from and against any fines or penalties that may arise as a result of your breach of this provision. This export control clause shall survive termination or cancellation of this Agreement.
General
You will comply with all policies applicable to Webs and Webs.com, which policies are (i) either posted on Webs.com or provided to you, and (ii) incorporated by reference into this Agreement. In addition, you agree to comply with all applicable laws. The failure of Webs to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. Your Website Creator and Member accounts are non-transferable. You may not delegate your duties under this Agreement or assign this Agreement, in whole or in part. Webs may assign this Agreement in whole or in part in its sole discretion without your consent and without notice. Any unauthorized use of any Webs computer system is a violation of this Agreement and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. Section 1030, et seq.), Sections 3-805 and 3-805.1 of the Maryland Criminal Law Code and Sections 14-3001, 14-3002 and 14-3003 of the Maryland Commercial Law Code. Such violations may subject you and your agents to civil and criminal penalties. This Agreement, which incorporates the Guidelines, constitutes the entire agreement between you and Webs and governs your use of Webs.com, superseding any prior agreements (whether written or oral) between you and Webs regarding the subject matter hereof. The other Users of Webs.com are intended third party beneficiaries of your obligations under this Agreement. A party will not be liable for non-performance or delay in performance (other than of obligations regarding payment of money) caused by any event reasonably beyond the control of such party including, but not limited to wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo, or any “act of God".
Contacting Webs
You may contact Webs the following ways:
E-Mail:
inquiries@webs.com
Postal:
Webs, Inc.
1100 Wayne Avenue
Suite 801
Silver Spring, MD
20910
