The terms and conditions set forth below (the “Agreement”) govern your use of the Service. By using or operating the Service, whether or not you register for the Service, you expressly agree to be bound by this Agreement and to follow all its terms and conditions and any applicable laws and regulations governing the Service. If you do not agree with any of the following terms, your sole recourse is not to use the Service. If you have any questions about these Terms of Service, please contact us.
2. License Grant. Subject to your compliance with the terms and conditions of this Agreement, WebsiteHall hereby grants you a non-exclusive, non-transferable, revocable license for you and your Users to access and use the Service solely for purposes of creating and managing web sites. A “User” shall mean you unless you are a corporate or similar entity, in which case a User shall mean any of your employees, consultants or independent contractors. This license is restricted to use by you and your Users and does not include the right to permit any non-User to access or use the Service. All rights not expressly granted to you are reserved by WebsiteHall and its licensors. There are no implied rights
3. Use of the Service. In order to use the Service, you are responsible at your own expense to access the Internet, either directly or through devices that access web-based content. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device. You shall not attempt to access any other of WebsiteHall’s systems, programs or data that are not made available for public use. The content and software providing the Service is the property of WebsiteHall and/or its licensors and is protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works of the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. This is an Agreement for services and access to the Service only, and you are not granted a license to any software by this Agreement. Unauthorized use, resale or commercial exploitation of the Service in any way is expressly prohibited. Without WebsiteHall’s express prior written consent in each instance, you shall not (and shall not allow any third party to): reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code form or structure of any of the Service or any software or data related to the Service or used to make the Service available to you. You shall take all measures necessary to ensure compliance by all of your Users who access and use the Service with these terms and conditions and shall be liable for any breach by such Users of such terms and conditions. You are responsible for maintaining the security of your account, passwords and files.
In addition, you agree that you will not (nor allow any other person or entity to):
Interfere or attempt to interfere with the proper working of the Service, the WebsiteHall servers or any activity being conducted on the WebsiteHall servers.
Use the Service other than in accordance with all applicable laws and regulations (including but not limited to the federal CAN-SPAM Act of 2003 and all other applicable laws related to spamming and privacy). WebsiteHall may, in its sole discretion, block any email messages, remove any of your content or prohibit any use of the Service that it believes may be in violation of the foregoing.
Use any software or intellectual property for which you do not have an appropriate license.
Use the Service to promote, facilitate or permit gambling.
Post, transmit, facilitate, or link to (i) content that WebsiteHall determines constitutes pornography, or is sexually explicit, or adult in nature or (ii) illegal activities, including, without limitation, child pornography and libelous, defamatory or otherwise malicious information.
Advocate or facilitate activities that (i) contain threats or incite violence towards individuals or entities, (ii) are harmful to any person or entity or (iii) are discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age.
Impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity or indicate that you are an employee or representative of WebsiteHall or its affiliates for any purpose, including, without limitation, phishing or pharming.
Post, upload or transmit any content or other material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights.
Post, upload or transmit any information, software or other material that contains viruses, unauthorized data, malware, Trojan horses, spyware, worms or other harmful or corrupted components.
Use the Service as a file sharing service is discouraged. WebsiteHall reserves the right to refuse to host any large downloadable files. If we considers you to be using the Service solely as a remote file server, your account may be terminated, your site(s) may be suspended and all files associated with your site(s) permanently removed.
Engage in or facilitate illegal export of any restricted or controlled items, including, without limitation, software, algorithms or data that is subject to export laws or regulations.
If you violate the terms of the Service, WebsiteHall may suspend your user account until the violation is cured. In the case of serious violations to the terms of Service or in the case of other violations that are not cured within a reasonable time frame (as determined by WebsiteHall in its sole discretion), WebsiteHall may, in addition to its other legal rights and remedies available hereunder and at law or in equity, delete your account and your site(s) from the Service. In either case, you may be permanently restricted from holding an account to the Service. The decision about whether an account or site is in violation of the terms is at the sole discretion of WebsiteHall.
4. User Contributions and Privacy. There are many opportunities within the Service, including but not limited to the WebsiteHall Forums and commenting on WebsiteHall Team Blog posts, for you to actively participate. In the process of doing so, you may provide certain comments, suggestions, data, or other information to WebsiteHall about the Service (collectively “Information”). WebsiteHall shall have the right to retain and use any such Information in current or future products or services, without further compensation to you. To the extent such Information is protectable under intellectual property laws, you agree to cooperate with WebsiteHall as needed to obtain such protection as WebsiteHall may desire and you agree to assign your rights in such Information to WebsiteHall.
You hereby grant WebsiteHall, its affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable right and license to use, reproduce, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish your content solely in connection with making the Service available to you. You acknowledge that WebsiteHall prohibits any content or any other material that infringes on any patent, trademark, copyright, trade secret, right to privacy, right to publicity, or any other applicable law or proprietary right to be uploaded in connection with the Service. Accordingly, by adding or uploading content, you are warranting that you own all proprietary rights, including copyright, in and to the content with full power to grant the rights contemplated to be provided in the content. In addition, to the extent that the content contains images of people or persons, you represent and warrant that you have obtained permission from the people or persons to use their image on your website. You also warrant that where required by applicable law, you have also obtained a valid and binding release relating to any identifiable property contained in the content that might sensibly lead to the identity of or be required by the owner of such property to permit the uses of such content.
6. Uptime. Subject to the terms and conditions of this Agreement, WebsiteHall shall use commercially reasonable efforts to provide the Service twenty-four (24) hours a day, seven (7) days a week throughout the term of your subscription to the Service. You acknowledge and agree, however, that from time to time the Service may be inaccessible or inoperable for various reasons, including, without limitation, (i) periodic maintenance procedures or repairs which WebsiteHall may undertake from time to time; (ii) equipment malfunctions; and (iii) causes beyond the control of WebsiteHall, including interruption or failure of telecommunication or digital transmission links, hostile network attacks or network congestion or other failures (collectively “Downtime”).
7. Warranty. THE SERVICE IS PROVIDED TO YOU “AS IS”. YOU ACKNOWLEDGE AND AGREE THAT ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND ALL OBLIGATIONS AND REPRESENTATIONS AS TO PERFORMANCE, INCLUDING ALL WARRANTIES WHICH MIGHT ARISE FROM COURSE OF DEALING OR CUSTOM OR TRADE AND INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED BY ACQUIA. ACQUIA DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.
Your sole and exclusive remedy for any failure or nonperformance of the Service or any error or omission in the Service and WebsiteHall’s sole obligation shall be for WebsiteHall to use commercially reasonable efforts to repair the error or defect in the Service.
8. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL ACQUIA OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS BE LIABLE TO YOU, YOUR USERS OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF ACQUIA TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE SHALL BE LIMITED TO THE AMOUNT YOU PAID ACQUIA FOR THE SERVICE IN THE THREE (3) MONTHS IMMEDIATELY PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. YOU AGREE THAT ACQUIA HAS SET ITS PRICING IN RELIANCE ON THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT, AND THAT SUCH LIMITATIONS SHALL APPLY NOTWITHSTANDING THAT ANY LIMITED REMEDY SHALL FAIL ITS ESSENTIAL PURPOSE.
9. Modifications of Terms. WebsiteHall shall have the right to modify the terms and conditions of this Agreement at any time, which modification shall be effective immediately upon posting to the Service (provided that it is not WebsiteHall’s intent that such modifications substantially affect the license rights granted to you in this Agreement and for which consideration was paid by you). . Accordingly, we suggest that you check this page periodically. To make your review more convenient, we will post a version number or date on the first page.
10. Fees. WebsiteHall reserves the right to change the payment terms and Fees Schedule upon thirty (30) days prior email notice to you (provided that such changes will not go into effect for you until the end of your then current subscription term). At the end of your monthly or annual subscription term, your subscription will automatically renew at the current prevailing price indefinitely unless you elect not to renew your subscription as further described below. You will be solely responsible for, and will promptly pay, all taxes of any kind (including but not limited to sales and use taxes) associated with this Agreement, the Service, or your access to the Service, except for taxes based on WebsiteHall’s net income. You shall be obligated to provide WebsiteHall with a valid credit card and WebsiteHall will charge your credit card, monthly or annually in advance (depending on your subscription), for your use of the Service. If WebsiteHall is for any reason unable to effect payment via your credit card, WebsiteHall will attempt to notify you via email and your access to the Service may be disabled until payment is received and WebsiteHall may put your site(s) in maintenance mode until the violation is cured. You agree to pay reasonable attorneys’ fees and court costs incurred by WebsiteHall to collect any unpaid amounts owed by you. Amounts paid for the Service is not refundable. Until your subscription to the Service is terminated, you acknowledge and understand that WebsiteHall will continue to charge you for the Service regardless of whether the Service is used or not. In addition to the foregoing, you acknowledge and agree to the following:
Canceling Your Plan. You may elect not to renew your subscription to the Service by notifying WebsiteHall at least 15 days prior to the start of your next billing period. Accordingly, for monthly subscription plans you may elect not to renew such subscription by notifying WebsiteHall at least 15 days prior to the start of your next monthly billing period and for annual subscription plans you may elect not to renew such subscription by notifying WebsiteHall at least 15 days prior to the start of your next annual billing period.
Deleting Your Site. Deleting a site does not result in canceling your subscription.
Bandwidth usage. You cannot use WebsiteHall as a file share service as specified in section 2j of this agreement.
11. Refund Policy. Since WebsiteHall is offering non-tangible irrevocable, digital goods and services we do not issue refunds after the subscription or service or software purchase is made, which you are responsible for understanding upon registering at our site.
12. Minors. If you allow your minor child or a child for whom you are a legal guardian (a “Minor”) to access the Service, you will be solely responsible for (i) the online conduct of such Minor, (ii) monitoring such minor’s access to and use of the Service, and (iii) the consequences of any use of the Services by such Minor. We do not intend to solicit information or to market any products or services to children through this Service. Pursuant to 47 U.S.C. § 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material and information that is harmful to Minors.
13. Termination. WebsiteHall may terminate this Agreement and your use of the Service or disable your account, in each case at any time with or without cause, and with or without notice; provided, however, that if WebsiteHall terminates this Agreement without cause, it will refund to you any prepaid, unused fees for the Service. WebsiteHall shall have no liability to you as a result of such termination or disablement. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, warranty disclaimers and limitations of liability. WebsiteHall reserves the right in its sole and absolute discretion to change, suspend or discontinue — temporarily or permanently — some or all of the Service, at any time without notice. WebsiteHall will not be liable to you for any such modification, suspension or discontinuance of the Service.
16. Hold Harmless and Indemnity. You agree to defend, hold harmless and indemnify WebsiteHall, and its employees, agents and representatives, from and against any and all third party claims arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, WebsiteHall will provide you with written notice of such claim, suit or action.
17. No Assignment. You shall not assign this Agreement, your right to use the Service or assign any other rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without WebsiteHall’s prior written consent. Any such purported assignment or delegation by you without WebsiteHall’s prior written consent will be null and void and of no force or effect, unless otherwise expressly consented to by WebsiteHall at its sole and absolute discretion.
18. Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be and act as an independent contractor and not as partner, joint venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.
Anything not explicitly stated in this TOS is subject to interpretation at WebsiteHall’s sole and absolute discretion.
You, as WebsiteHall’s client, are solely responsible for the content stored on and served by your WebsiteHall service.