Terms and Conditions
Welcome to Webnode!
Webnode is a web-based service and product belonging to and supported by "Webnode AG", a company based in Gartenstrasse 3, 6304, Zug, Switzerland.
BY USING WEBNODE'S WEBSITE (INCLUDING ITS CONTENT) AND/OR PRODUCTS AND/OR SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS THAT FOLLOW, TO ANY POLICIES THAT MAY BE ADDED TO THEM, AND TO ANY REVISIONS OR CHANGES OF WHICH THEY MAY BE THE SUBJECT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, OR YOU DO NOT WISH TO BE BOUND BY THEM, DO NOT USE WEBNODE'S WEBSITE, PRODUCTS OR SERVICES. Webnode AG reserves the right to update the Terms and Conditions at any time and at its discretion in order to take into account legal, industry-related or any other changes in the status quo. The most recent updated version of this agreement is available on the "webnode.com" website. Webnode AG isn't required to notify Users of an update to its Terms and Conditions. Consequently we strongly encourage all Users to fully read this agreement and review it regularly. The documents go into effect on the date of their most recent update.
The Webnode's website, its contents, products and services are available to all individuals of legal age who are legally capable of entering into contracts (binding agreements). Proof of compliance with these criteria may be requested upon access to any, all or some services and/or products in the form of identification details or contact information.
These Terms of Service are established between Us and the Users. No other person is entitled to benefit under them.
If any court or regulator decides that any provision of these Terms of Service is invalid or otherwise unenforceable, such provision shall be severed and deleted from these TOS and the remaining terms and conditions shall continue to have full force and effect.
If these TOS are inconsistent with the terms and conditions upon Your registration with Webnode (if applicable), these TOS shall prevail unless otherwise specified in additional documentation supplied by Webnode's Customer Care department.
Wherever found in the Terms and Conditions, "You", "Yourself" and "User" refers to you, the user of Webnode's website, its contents, products and services, and "Your" shall be interpreted accordingly. Moreover, "We", "Us" and "Webnode" refer to Webnode AG and "Our" and "Webnode's" shall be interpreted accordingly. "User Information" refers to the personal details that may be collected by Us on Webnode.com and/or in the course of your registration and/or acquisition of any of Webnode's services or products. "Our Website" refers to the website "webnode.com" and all webpages associated with it. However, "Webnode Site" refers to websites of Our Users created using the Webnode system. "Third Party" refers to any person/entity/company that are not associated with Webnode AG.
2. Services Available
2.1 Free Version
Webnode's basic tool for creating and hosting websites is absolutely free of charge to each and all Users. The characteristics of Our free versions are specific to the type of site in question. The free version for personal websites has 100 MB of storage and the business websites has 10 MB, though both versions have 1 GB of bandwidth per month, as well as mobile versions of the site. The free version of the e-commerce website has 10 MB of storage, 1 GB of bandwidth per month, mobile versions of the site, the possibility to have 10 products available in the store, and payment by credit card via PayPal.
2.2 Premium Services
Once You identify a specific need, such as increasing storage space, owning a domain name or even having a unique design tailored according to Your instructions, You can acquire one or more of Our Premium Services. Currently, these include the features mentioned above, but also Premium Customer Care, backup and recovery, business statistics, customized footer, online advertising campaigns, and many more services already available or in the process of being launched.
3. Paid Services
All of the services have a set price or a range of prices, according to the characteristics of the work required and the time devoted to accomplish it. These prices may be subject to adjustments In order to take into account market changes, or be temporary substituted by special/promotional prices. The values are set in the local currency, or in United States Dollars (USD).
3.2 Acquisition of Premium Services
All of Our Premium Services are available under Your site's Administration. For further information or to purchase one of Our Premium Services, You please contact Our Customer Care department at http://us.webnode.com/contact/.
4. Domain Name (a Paid Service)
4.1 Domain Name Registration and Ownership
The person or entity that acquires a domain name is the lawful owner of the domain. Webnode intervenes solely as a Technical Administrator and interface (agent) between You and the organization that allocates the domain name. However, if You (the owner of the domain) decide not to renew the domain, Webnode is not responsible for any problems or issues that may occur as a result of or after the domain expires. Also, please be advised that not all domain types have a waiting period, hence if You do not renew the domain, You may lose the domain name to another Internet user.
4.2 Domain Renewal
The domain may be renewed from the date of purchase until the day prior to the expiration date. The expiration date refers to the day that Your domain becomes invalid and hence will cease to function. Failure to renew the domain name may result in an extra fee charged by the domain provider (conditions and amount are set by the domain provider).
4.3 Cancellation of Registration
The domains are the property of who acquired them right from the moment the purchase is completed, hence the purchase cannot be revoked and reimbursement is, therefore, unfeasible.
4.4 Private Domain Registration
You can register a domain name and still maintain Your privacy/anonymity as a means to avoid receiving SPAM (unsolicited electronic messages), or being found on databases. During the registration process You are required to disclose Your contact information, however this will only be used for charging purposes (i.e., to create an invoice). Moreover, the information provided will not be disclosed, and "Webnode Private Domain Registration" will be displayed instead, along with Webnode's contact information.
5. Contract and Contract Revocation
A binding contract is initiated between You and Webnode at the moment You order a service and it will be upheld once the payment is successfully completed. "Successfully completed" is defined as the full amount being paid with an invoice available in the Administration of Your Webnode account, under "Back office" in the "Purchased services and billing section". There is a "refundable period" of 15 days in which You may request cancellation of the service. However, this process follows a specific set of criteria and rules (please refer to Paragraph 6.4).
5.2 Contract Revocation
Provided that You do not wish to obtain a refund of the fees paid, You may request to cancel any service at any time. Cancellation, acquisition of services, and requests for changes in current services (i.e., whatever affects the functionality of Your project) must be presented by You (the owner of the Website) in written form (by email), and from the email address used to register the Website.
5.3 Duration of the Contract
Website packages have a duration of one to ten years. Domains have a minimum of one to two years (depending on provider's conditions) and a maximum of ten years. For the remaining services, unless is otherwise stated at the time of purchase, the contract ends once the service is provided.
6. Payments/Fees and Refunds
6.1 Methods of Payment
Premium Services can be paid by Credit Card, PayPal, bank transfer, wire transfer, and other country-specific payment methods (including direct deposit on Webnode's bank account).
In the case of bank transfers, all the information necessary is available on the Premium Service order form. Also, please note that any surcharges resulting from a bank transfer are to be paid by You, not by Webnode.
Note: You are responsible to fill in Your information on the payment request. Please make sure that all fields are completed and that all data supplied is accurate. Webnode is not responsible for incomplete requests due to incorrect or insufficient User-information.
6.2 Recurrent Payment (Automatic Renewal)
If You use a credit card or Paypal to make a purchase, automatic renewal may be available in some cases. The frequency of renewal can be monthly or yearly, depending on the type of payment You selected. For yearly-based renewals, the amount is charged 30 days prior to the expiration date of the package.
Automatic renewal can be cancelled at any time in the "Administration" of Your Account.
6.3 Payment Date and Activation Date
The payment date is set upon confirmation of successful receipt of the amount in question by the payment entity chosen (i.e., payment method provider). Regarding payments made by credit card or through PayPal, the amount is deducted immediately from Your account. In addition, payment date and activation date are the same, unless recovery of the fully-paid order has to be executed manually. In this case, the activation may be delayed for several days.
6.4 Requests for Refund
All Premium Services, except for domain registration, are refundable within 15 days from the date of activation. The refund is possible only for Your first purchase of Premium Services. Webnode will not refund any subsequent purchases, including Automatic Renewal of services carried out by Recurrent Payment. Please note that vouchers are not refundable in any way or form.
To request termination of a contract You must send an email to Our Customer Care department (please refer to Article 5).
Although no justification is necessary to cancel a website package within the 15-day period, we encourage you to provide a reason as We use this as a source of information.
In the case of an authorized request to cancel any Premium Service, except for website packages and domain registrations, You must provide a reason for the cancellation. For all cases mentioned above, reasons that may result in a refund are:
- (a) Full termination of all services (including free versions);
- (b) Repeated technical issues with the service that impair the normal function of Your Site;
- (c) Failure to provide a service that was paid-for in full (with confirmation of payment).
Note: Webnode reserves the right to review Your reason for cancellation and to decide on accepting or denying Your request.
6.5 Date and Method of Refund
Refund of the fees paid will take place up to 60 days starting from the date of Webnode's notification of a refund, and will be processed through the same payment method (except in the case of direct deposit), or by a non-refundable reimbursement voucher. Deactivation is completed at the same time as the refund.
7. Acceptable Usage
"Acceptable Usage" of Webnode's website, its contents, products and services is defined in Paragraphs 7.1 through 7.8. Activities that go against or are otherwise forbidden by these paragraphs are, therefore in violation of the TOS and make You liable to disciplinary action and legal prosecution. For more information, please refer to Article 10.
You will not post on nor distribute through Your Webnode Site any materials that are of a defamatory, threatening, obscene, harmful, pornographic or otherwise illegal nature. Also, materials that in any way violate or infringe on Our rights or on the rights of others (including but not limited to intellectual property rights, confidentiality rights and privacy rights) are absolutely forbidden, as well as activities that may cause distress or inconvenience to Us or others. Moreover, You may not express opinions that are vulgar, crude, sexist, racist or otherwise offensive. We encourage Users to treat each other in a respectful and polite manner.
7.2 Ownership of Content
You will not post nor otherwise make available on Webnode Site any material that You do not own without the express consent of the lawful owner of the material in question.
7.3 Participation in Events
You will abide by the rules of any competition, promotion or marketing campaign that You participate in Our website.
You will not engage in any behavior or action that may affect the operability or security of Webnode's site, nor will You cause unreasonable inconvenience or disruption to Our staff.
You will not impersonate any person/entity, nor misrepresent Your affiliation with a person/entity.
You will not promote Your Webnode Site by sending SPAM (i.e., emails sent to accounts without the previous agreement of the account owner).
7.7 Robot Software
You will not use robot software (nor any other software that is not Webnode) to create new Webnode Sites, or to access or modify existing Webnode Sites.
You will not use workarounds of any kind to overcome package limitations or limitations of any Webnode service or feature.
8. Intellectual Property
All copyright materials, trademarks and other intellectual property rights materials or contents supplied as part of a Webnode Site shall remain, at all times, vested in Us or Our licensors. You are not permitted to use this material or content unless authorized by Us or Our licensors. Moreover, You are only allowed to use such material in the manner described in the Terms and Conditions, and no other. You may not copy, reproduce, distribute, commercially exploit nor in any way benefit/profit from such materials or contents, nor You will assist/facilitate any Third Party in actions such as the ones stated above.
Moreover, if You become aware of any such distribution or commercial exploitation, You agree to notify Us immediately.
We shall abide by all applicable country-specific data protection legislation regarding any of Your personal information gathered by Us.
9.2 Data Processing
9.3 Data Withdraw
You may request to withdraw Your personal information from Our marketing database. To do so, You (the owner of the Website) must make a written request (from the email address used to register the Website) to Our Customer Care department either using the link in Your Webnode Site, or by the Contact webpage in Our website.
9.4 Changes in Personal Data
We strongly recommend updating all personal information, since this data is used by Customer Care services.
In order to use Our services and products, You must have a valid registration with Webnode. This entitles You to have an account under which You can have multiple Webnode Sites. To register, You must provide a valid email address, a password and other personal information. You are solely responsible for the confidentiality of Your password and account. All activity originating from Your account and/or password is Your responsibility. We strongly suggest that You keep Your password and account information strictly confidential and do not share it with anyone. In case of unauthorized use of Your password and/or account, immediately notify Webnode in writing from the email address used to register the project. To avoid misuse of Your account, ensure that You sign out from Your account at the end of each and every session.
10. Violation of Our Terms
Failure to comply with the conditions stated on Article 7 and/or participation in activities that go against or are otherwise forbidden by these Terms of Service make You liable to disciplinary action and legal prosecution. The decision to initiate disciplinary action (including but not limited to interruption of all services) is at the discretion of Webnode.
Please report infractions to the present Terms of Service, Our Terms and Conditions or to Your local laws. To inform us of any such activities, please click here.
11. Interruption/Termination of Services
We reserve the right to immediately terminate or indefinitely suspend Our services to You if You breach or We have reasonable grounds to believe that You are likely to breach Our Terms and Conditions. Also, We will terminate Our services to You, at Our sole discretion if You engage in conduct that We determine to be unacceptable.
WE ARE NOT RESPONSIBLE FOR DAMAGES TO USERS OR TO THIRD PARTIES OR TO THEIR HARDWARE THAT OCCUR DIRECTLY, INDIRECTLY OR ACCIDENTALLY AS A RESULT OF OR IN CONNECTION WITH THE USE OF OUR SERVICES AND/OR PRODUCTS, INCLUDING DOWNLOADING OF MATERIAL THROUGH OUR SERVICES. WE ARE NOT LIABLE FOR DAMAGE TO USERS OR THIRD PARTIES AS A RESULT OF THEIR INABILITY TO USE OUR SERVICES AND/OR OUR WEBSITE AND/OR PRODUCTS, WHETHER DIRECTLY, INDIRECTLY OR IN CONNECTION WITH THIS EVENT. HENCE, YOUR USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING ANY SUCH MATERIALS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBNODE SITE, OUR SERVICES AND PRODUCTS IS AT YOUR SOLE RISK AND THAT WEBNODE SITES, SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE". YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY AND/OR FUNCTIONALITY OF ANY THIRD PARTY'S WEBSITE AND/OR MATERIAL YOU MAY ACCESS THROUGH YOUR WEBNODE SITE.
12.1 Third Parties
We do not endorse and shall not be held responsible or liable for any content, advertising, product or service on or available through Third Party Websites.
Any transactions between You and any Third Party found on or via the Webnode Site, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between You and the entity in question. Therefore, We are neither responsible nor liable for any loss/damage of any sort incurred in such dealings.
12.2 Exclusion of Warranty
Webnode, its subsidiaries, and its licensors neither represent nor warrant to You that:
- (a) Your use of the services and products will meet Your requirements;
- (b) Your use of the services and products will be uninterrupted, timely, secure or free from error, or viruses;
- (c) Any information obtained by You as a result of Your use of the services and products will be accurate or reliable;
- (d) Defects in the operation or functionality of any software provided to You as part of the services will be corrected;
Any advice or information, whether verbal or written, obtained by You from Webnode through or from Our services shall create any warranty not expressly stated in the terms.
Webnode further expressly disclaims all warranties and conditions of any kind, whether expressed or implied, including, but not limited to, the implied warranties and conditions of merchantability, suitability for a particular purpose and non-infringement.
13. Limitation of Liability
Subject to overall provision in the Disclaimer (Article 12) above, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WEBNODE, ITS SUBSIDIARIES AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR THE CONDITIONS STATED IN PARAGRAPHS 13.1 THROUGH 13.3
Any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by You, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data, cost of procurement of substitute goods or services, or other intangible loss.
Any loss or damage that may be incurred by You, including but not limited to loss or damage as a result of:
- (a) Any reliance placed by You on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between You and any advertiser or sponsor whose advertising appears on the services;
- (b) Any changes Webnode may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
- (c) Deletion of, corruption of, or failure to store any content or other communications data maintained or transmitted by or through Your use of the services;
- (d) Your failure to provide Webnode with accurate account information;
- (e) Your failure to keep Your password or account details secure and confidential.
The limitations on Webnode's liability to You in paragraph 13.1 above shall apply whether or not Webnode has been advised of or should have been aware of the possibility of any such losses arising. Also, limitations that are lawful in Your jurisdiction will apply to You.
13.3 Information Provided on Webnode Sites
We are not responsible for nor shall We be liable for:
- (a) Materials written by Users, particularly those posted on blogs and/or forum. In addition, We do not endorse such materials and reserve the right to monitor such contributions, as well as to respond, comment, edit, refuse to post or remove any content from blogs and/or forum at Our absolute discretion. However, failure to remove particular material does not constitute Our endorsement nor acceptance of it;
- (b) The accuracy, timing or reliability of any information/statement on Your Webnode Site, nor shall We will be held accountable/liable for statements, advice and/or opinions generated by Users on blogs and forum (except to the extent required by law). If You have any claim arising from the actions and/or statements of another User, You agree to pursue such a claim only against that User and not against Us;
- (c) The quality, accuracy or suitability of Your Webnode Site except as required by law. However, We will engage in all reasonable efforts to provide Our services in the most professional manner;
- (d) Any fraudulent misrepresentations We make, and for any death or personal injury caused by Our negligence. We will not be responsible nor liable to You for any other loss/damage that You or any Third Party may be the subject of as a result of using or in connection with Your useyou're your Webnode Site.
14. Continuous Improvement ProcessThe quality of Our services and products is the main focus of Webnode's attention; hence Our system is subject of a Continuous Improvement Process (CIP) both on the technological and design aspects of the product.
As part of Our commitment to excellence, Webnode AG welcomes Your comments and suggestions to some or all of the conditions and policies stated in the present Terms and Conditions. In order to contribute with Your comment/suggestion, contact Our Customer Care department, or send an email to: firstname.lastname@example.org
Last modified March 3, 2012.
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