Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone. website makers offers a wide range of services and features and part of the terms below may not be relevant to the specific services you use.
We understand that legal terms can be exhausting to read, and we’ve tried to make the experience more pleasant. If you have any suggestions on how we can improve them, you are more than welcome to contact us at [email protected]
Our services offer our users to get beautiful and highly functional online presence, to manage and promote businesses, content and ideas, and have an overall great experience doing so – without being tech-savvy. As detailed below, we offer our users numerous services for creating, publishing and use of stunning websites, online e-commerce platforms, newsletters, galleries, media players, mobile apps and other online and mobile online and mobile applications, tools and services. The online and mobile websites and platforms created by Users are collectively referred to herein as (“User Platform(s)”).
The website makers Terms constitute a binding and enforceable legal contract between website makers.com Ltd. and its affiliated companies and subsidiaries worldwide (“website makers”, “us” or “we”) and you in relation to the use of any website makers Services – so please read them carefully.
You represent and warrant that:
you are at least thirteen (13) years of age, or sixteen (16) years of age if you are an individual within the European Union (EU), or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the website makers Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the website makers Terms;
you are not a resident of (or will use the website makers Services in) a country that the U.S. government has embargoed for use of the website makers Services, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations;
your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
you understand that website makers does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;
And specifically regarding your User Content:
you confirm you own all rights in and to any content uploaded or provided by you, or imported, copied or uploaded by website makers Services for you, to your User Platform (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, information you provide for the purpose of creating a subdomain name, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access to, import, copy, use, publish, transfer or license such User Content, by you and us or any of our affiliates;
you have (and will maintain) the full power, title, licenses, consents and authority to allow website makers Services to access any websites, web pages and/or other online services, for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using, your User Content.
the User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which you or your User Platform’s visitors and users (“End Users”) reside, or for website makers and/or your End Users to access, import, copy, upload, use or possess in connection with the website makers Services;
you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.
You undertake and agree to:
fully comply with all applicable laws and any other contractual terms which govern your use of the website maker Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
be solely responsible and liable with respect to any of the uses of the website maker Services which occur under your User Account and/or User Platform(s), and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the website maker Services);
regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Platform, including with respect to End Users, User Products, and any applications and/or Third Party Services used by you;
receive from time to time promotional messages and materials from website maker or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;
allow website maker to use in perpetuity, worldwide and free of charge, any version of your User Platform (or any part thereof) for any of website maker’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against website maker or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses;
website maker’s sole discretion as to the means, manner, and method for performing the website maker Services, including those regarding the hosting, transmission, publication and/or display of any User Platforms and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).
website maker shall have the right to offer the website maker Services in alternative price plans and impose different restrictions as for the upload, storage, download and use of the website maker Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, volume of download time, number of subscribers to your Content, etc.
You agree and undertake not to:
copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the website maker* Website, the website maker* Services (or any part thereof), any Content offered by website maker* or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without website maker*’s prior written and specific consent and/or as expressly permitted under the website maker* Terms;
submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of website maker* or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;
phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable;
upload, insert, collect or otherwise make available within the website maker* Website or the website maker* Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;
publish and/or make any use of the website maker* Services or Licensed Content on any website, media, network or system other than those provided by website maker*, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the website maker* Services, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by website maker*, in advance and in writing;
use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the website maker* Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the website maker* Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the website maker* Services;
act in a manner which might be perceived as damaging to website maker*’s reputation and goodwill or which may bring website maker* into disrepute or harm;
purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use website maker* or website maker* Marks and/or variations and misspellings thereof;
impersonate any person or entity or provide false information on the website maker* Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to website maker* and/or any End Users;
falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that website maker* or any third party endorses you, your User Platform, your business, your User Products, or any statement you make;
reverse look-up, trace, or seek to trace another User of website maker* Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the website maker* Services and/or User Platform without their express and informed consent;
disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the website maker* Services, User Platform, the account of another User(s), or any other systems or networks connected to the website maker* Services, by hacking, password mining, or other illegitimate or prohibited means;
probe, scan, or test the vulnerability of the website maker* Services or any network connected to the website maker* Services;
upload to the website maker* Services and/or User Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the website maker* Services or website maker*’s systems or networks connected to the website maker* Services, or otherwise interfere with or disrupt the operation of any of the website maker* Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
use any of the website maker* Services and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
access to website maker* Services, User Accounts, Licensed Content and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.
sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or website maker* Services, except as expressly permitted by the website maker* Terms;
remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the website maker* Services and/or Licensed Content; or
violate, attempt to violate, or otherwise fail to comply with any of the website maker* Terms or any laws or requirements applicable to your use of the website maker* Services.
access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.
Limitation of liability –
To the fullest extent permitted by law in each applicable jurisdiction, website maker*, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the website maker* Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the website maker* Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the website maker* Services; (6) events beyond the reasonable control of website maker*, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of website maker* Services.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for website maker*’s services to you, and such limitations will apply even if website maker* has been advised of the possibility of such liabilities.