Terms and Conditions
Last modified: November 16, 2017
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 may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Subscribers upon posting of the modified Agreement to this web address http://www.website.com/terms-and-conditions/. You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.
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.Definition of Unlimited Usage
What "Unlimited" means: Website.com does not set an arbitrary limit on the amount of resources an account can u
What "Unlimited" DOES NOT mean: The accounts are not intended to support the greater web hosting needs of large enterprises or to be used as an online storage warehouse to store backups, archiving of electronic files or emails, documents, log files, etc. or to be used as a media file streaming/sharing hub.
Reselling any of the Service's resources is strictly prohibited. Any accounts found to be reselling resources will immediately be suspended, with or without notice. Reselling of account resources is only permitted if you are using a Reseller Hosting Plan, a Virtual Private Server (VPS) or a Dedicated Server.
Website.com's "Unlimited" services are provisioned in a shared hosting environment. Any account found to be adversely affecting the performance of other Subscriber accounts by excessively using network bandwidth, server storage, memory or CPU resources, will be flagged by Website.com administrators and anti-abuse controls. These Subscribers will then be asked to consider Virtual Private Server (VPS) or Dedicated Server services. Serious offenses will result in the account service suspension or termination, with or without notice.
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.
6.Definition of "No Transaction Fees"
Website.com does not charge you any fees relating to the processing of transactions under your account ("Transaction Fees"). However, your selected payment processor, such as PayPal or Stripe, may still charge you Transaction Fees for each payment you receive. You will be solely responsible for any such Transaction Fees.
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.
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.
10.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.
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.