GENERAL TERMS AND CONDITIONS FOR USE OF THE
EZWEB123.COM WEBSITE & CONTENT MANAGEMENT SYSTEM (CMS)
DEFINITIONS
In this Terms & Conditions page, references to “we”, “us” and “our” are to EzWeb123.com. Any reference to “our website” or “the website” is to www.EzWeb123.com and any other website produced using the EzWeb123.com Content Management System (CMS) and includes the Content Management System itself.
References to “the user”, or “users” relates to anyone using the website, as defined above.
ACCEPTANCE OF TERMS
By accessing the content of the website you agree to be bound by the terms and conditions set out herein and you accept our privacy policy available at [www.EzWeb123.com/privacy-policy.htm]. If you object to any of the terms and conditions set out in this agreement you should not use any of our products or services or the website and leave immediately.
In using our products or services and/or the website you agree to be fully responsible for any claim, expense, liability, losses, costs, including legal fees, incurred by us arising from any infringement of the terms and conditions set out in this agreement.
MODIFICATION
We reserve the right to change any part of this agreement without notice and your use of our products or services and/or the website will be deemed as acceptance of this agreement. We advise users to regularly check the Terms and Conditions of this agreement. A link to these Terms and Conditions will be clearly provided at all times on the EzWeb123.com Home Page.
We have complete discretion to modify or remove any part of this agreement, without warning or liability arising from such action.
WEBSITE DESIGN & CONTENT OF EZWEB123.COM
As owners and administrators of our products or services and/or the website, we reserve the right at any time and without prior notice, to alter our products and services or alter the design and information architecture of the website, including editing, adding or deletion of content provided, in whatever format, by the user for display in their website. We reserve the right at any time to delete or suspend websites created by users, without prior notice, for whatever reason.
We will under no circumstance be liable for any loss or damage as a result of changes to our products or services and/or user websites (including content), made by us.
UNAUTHORISED USAGE
All users of our products or services and/or the website are prohibited from:
• Making illegitimate enquiries or ‘spamming’ other users with information about products or services, whether related or not;
• Uploading or transmitting content, in whatever format, that could be considered by other users, whatever their ethnicity, religion, sexual preference or age, as offensive, libellous, pornographic or provocative as to incite a criminal offence or unlawful behaviour;
• Uploading or transmitting to the website any data, in whatever format, that contains a virus, Trojan horse, worm, or any other program that is specifically designed to harm or impede the daily operation of the website;
• Posting, or uploading data that imposes an unreasonable or disproportionately large load on our infrastructure so as to impede our service to other account holders.
• Intercepting and capturing data transmitted between users and/or accessing, or attempting to access, secure areas without our prior permission;
• "Screen scraping" or "database scraping", or any other activity with the purpose of obtaining lists of users or other information;
• Post, or upload any information that constitutes an infringement of copyright, patent, trademark, trade secret, or other proprietary rights of any party;
• Post, upload or transmit any unsolicited or unauthorized advertising, promotional materials, "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• interfere with or disrupt the service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the service;
• Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;
• Sell, distribute, disseminate or link to any sites for marketing, sales, distribution of: firearms, explosives, ammunition, tobacco products and any other products or services that you are not legally entitled to sell; are misrepresented; or if sold via your website could cause us to violate any law, statute or regulation;
• Post or disclose any personal or private information or images about children or any third party without their consent (or a parent's consent in the case of a minor).
Any unauthorised usage may result in immediate termination of your account. We will under no circumstance be liable for any loss or damage as a result of your account being terminated.
FAIR USAGE, LIMITATIONS & INACTIVITY POLICY
Account holders are expected to consider the rights of fellow account holders when using our service. Any excessive use of our service, considered to have a detrimental effect on other users and the performance of their websites, will be assessed by us. If necessary, the offending account will be temporarily suspended to assess and discuss usage options, without prior notice.
As an account holder you accept that from time to time we may establish general practices and limits concerning the use of our service. This will include limitations on the (a) the maximum number of days that email messages, guest book entries, discussion board postings or other content posted on the your website will be retained by us, (b) maximum limits on bandwidth usage, (c) maximum limits on storage space, (d) maximum number of websites per account holder, (e) maximum number of photographs, or any other data.
In order to free up storage space and ensure that a high quality service is maintained to all account holders at all times, websites that have not been accessed or updated by the account holder in over 60 days may be deleted due to inactivity. Account holders will however be notified at least 14 days prior to deletion taking place.
We will under no circumstance be liable for indirect, special, or consequential damages including any loss of business, revenue, profits, or data in relation to your use of our products or services and/or the website should your website/s be automatically deleted due to your inactivity.
CONTENT SUBMISSION
Our service provides a number of communication facilities, such as account holder websites, public discussion/message boards which are provided to assist account holders in how to build their website, plus exchange thoughts and opinions with other users, including the public, on topics posted.
Although we value and encourage this activity, we reserve the right, to monitor, pre-screen, or otherwise remove any content stored on our servers. Furthermore, we cannot be held responsible for the appropriateness, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such thoughts and opinions.
As an account holder you acknowledge that at all times you should use caution when posting content to ensure that it will not offend any other party and contravene these terms and conditions of use.
THIRD PARTY ADVERTISING
In order to keep our service free to account holders, we reserve the right to place third party advertisements on your website/s and on all pages created at any time.
Third Party Content is not under our control and we cannot be held responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content.
Furthermore, we will not be responsible for the terms and conditions of any transaction between you and any third party; any insufficiency of or problems with any such third party's background, insurance, credit or licensing; or the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services.
In the event of any dispute between you and any such third party, you agree to release us (and our affiliates, suppliers, agents and employees) from any and all 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 way connected with such disputes.
LIMITATION OF LIABILITY
We will under no circumstance be liable for indirect, special, or consequential damages including any loss of business, revenue, profits, or data in relation to your use of our products or services and/or the website.
Nothing within this Agreement will operate to exclude any liability for death or personal injury arising as result of the negligence of EzWeb123.com; its employees, users or partners.
COPYRIGHT & USERSHIP OF CONTENT SUBMITTED
All intellectual property of EzWeb123.com such as content, trademarks, trade names, patents, registered designs, logos, website template photographs and any other automatic intellectual property rights derived from the aesthetics or functionality of the website or our products and services, together with all account holder data contained within all databases, remain the property of EzWeb123.com.
In creating property websites, account holders confirm that they own the copyright of all content, in whatever format submitted to us via the website, or otherwise, or have the written permission of the copyright user.
EzWeb123.com does not claim ownership of the content you place on your website. However, users agree to grant us a royalty-free licence to utilise the content provided for display on the website and also for marketing and public relations purposes, whether online or off-line.
Under no circumstances will we be held liable for damages incurred by copyright infringement by users and users agree to, upon demand, to fully indemnify us for any administrative, legal or any other costs incurred by us arising out of their copyright infringement.
By using the website you agree to respect the intellectual property rights of EzWeb123.com. You agree to refrain from copying, distributing, republishing, transmitting, reverse engineering, uploading, offering for sale, licensing, or selling any content contained within the website, including photographic images used within EzWeb123.com website templates, or the templates themselves, for any commercial purpose by you or any third party, without our prior consent.
We permit users to download details from your website and print this information, as well as view details about our website, its products and services.
LINKS
You acknowledge and agree that EzWeb123.com is not responsible for the availability of any global website, or online resource, which is linked to from either our main website, or any account holder website. You acknowledge that we do not automatically endorse any global website, or online resource, unless stated by us.
We are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
DISCLAIMERS
The information is provided on the understanding that the website is not engaged in rendering advice and should not be wholly relied upon when making any related decision.
The information contained with the website is provided on an “as is” basis with no warranties expressed or otherwise implied relating to the accuracy, fitness for purpose, compatibility or security of any components of the website.
Although we endeavour to vet and monitor information displayed on individual websites created by users, we can under no circumstances be held liable for any inaccuracies in the information posted and displayed, in whatever format.
Upon demand, users agree to fully indemnify EzWeb123.com for any administrative, legal or any other costs incurred by us arising out of any inaccuracies in the content, in whatever format, displayed on any website created by them.
Nor can we be held liable for any inaccuracies in the information posted and displayed, in whatever format, on another user website linked to their EzWeb123.com website. These websites are the sole responsibility of the user and should have their own Privacy Policy and Terms & Conditions of use.
We do not guarantee uninterrupted availability of the website and cannot provide any representation that using the website will be error free. Periodically, interruption may occur while updating, or backing up the website.
We will under no circumstance be held liable for any loss of business or damages as a result of the website, or its functionality being temporarily unavailable, nor held liable for downtime incurred by its users or third party service providers.
CANCELLATION AND TERMINATION
You can cancel your account at anytime by emailing us at Support@Ezweb123.com. Upon cancellation your website will be deleted within 48 hours.
After this period your website will not be accessible to you and it CANNOT be recovered. Your account holder information may however be retained by us at our discretion for management information and marketing purposes. We accept no liability for such deleted information or content, or for you accidentally cancelling your account.
You agree that EzWeb123.com, in its sole discretion, may terminate your password, and/or account, and remove and discard any content within the service (including, but not limited to your website if you are an account holder), for any reason, including and without limitation, the lack of use, or if EzWeb123.com believes that you have violated or acted inconsistently with the letter or spirit of the Terms & Conditions.
EzWeb123.com may also in its sole discretion and at any time, discontinue providing the service, or any part thereof, with or without notice. You agree that any termination of your access to the CMS and therefore your website, under any provision of the Terms & Conditions, may be effected without prior notice and acknowledge and agree that we may immediately deactivate or delete your website, as applicable and all related information and files.
We reserve the right to bar any further access to such files or the CMS. You agree that EzWeb123.com shall not be liable to you or any third-party for any termination of your access to the service.
SEVERANCE
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.
GOVERNING LAW AND JURISDICTION
The laws of England will govern this Agreement and any user of the website hereby agrees to be bound exclusively by the jurisdiction of English courts without reference to rules governing choice of laws.
INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
VIOLATIONS
Please report and violations of these Terms & Conditions to support@EzWeb123.com.
TERMS AND CONDITIONS FOR CREATING A WEBSITE
USING THE EZWEB123.COM CONTENT MANAGEMENT SYSTEM (CMS)
DESCRIPTION OF SERVICE
EzWeb123.com is an easy to use and ‘no fuss’ website builder for anyone looking to create a professional looking website literally within minutes.
Our online website builder application incorporates a sophisticated Content Management System (CMS) which has many pre-loaded website templates for users to choose from. Users can switch between these templates at any time to dramatically change the look and feel of their website, all at the click of a button.
The templates can also be easily customised and users can change the colour scheme of the website, create a photo gallery, add additional information and news items to their home page, create a Blog plus create customised pages for whatever purpose.
Our service is completely FREE. There are no set up fees, hosting charges or any other hidden costs. Unlike many of our competitors, we also don’t have any restrictions on the number of website pages that you can create or the number of accounts you can set up.
A full list of service benefits can be found under the ‘Features’ section on the main navigation bar above.
How are we FREE?
We remain free by placing unobtrusive adverts on every website created using our website builder. These adverts generally match the content of your website, so don’t look out of place and do not in any way affect your own content. We earn money every time someone visiting your website clicks on one of the advertisements displayed.
We also provide a service where one of our Design Team can build you a customised website template. Please contact us for more details about this service and costs.
Help & Support
Users of the website, whether an account holders or not, can recieve support via our online community forum.
WE AGREE TO
Subject to the terms & conditions set out above, we agree to:
• Provide account holders with a website that enables users to browse content;
• Provide a comprehensive Content Management System (CMS) that enables account holders to create and update their website, as and when required;
• Provide hosting for each website on the shared EzWeb123.com server;
• Provide a secure Members Area, where account holders can create/edit their website; amend their contact details/password; find out about associated products and services; receive news about system developments and obtain system support;
• Offer system upgrades and website templates, as and when they become available to account holders and notify account holders of the same;
• Provide support, should further assistance be required to any user of the website;
YOU AGREE TO
As a user and subject to the terms & conditions set out above, you agree to:
• At all times, act in accordance with all Terms & Conditions, as set out above.
• Accept third party advertisements may be displayed on your website/s so that we can keep our service free;
• Follow the cancellation procedure, as defined above, should you wish to cancel your account; |
