Please read these Terms of Service (the "Terms") carefully. These Terms govern your access to and use of the website located at website.io and the hosted products and services available via the Site. The Site and the hosted products and services are referred to collectively throughout these Terms as the "Services".
YOU AGREE THAT BY REGISTERING FOR, ACCESSING OR USING THE SERVICES, YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH WEBSITE.IO. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.
Wherever used in these Terms, "you", "your" or similar terms means the person or legal entity accessing or using the Services. If you are accessing or using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms.
Website.io reserves the right to modify, supplement or replace these Terms, effective upon posting the changes on the Site or notifying you otherwise. Your continued use of the Services following the posting of changes to these Terms or receipt of notice will mean that you accept and agree to such changes. You are responsible for regularly consulting the current version of the Terms prior to your use of the Services.
1. The Services
1.1 Subscription Subject to the terms of this Agreement, Website.io shall use commercially reasonable efforts to provide you with the Services. The Services are available on a trial or paid subscription basis. You must select a subscription plan at the time of registration detailing the Services to be provided by Website.io, along with any applicable fees and payment terms (the "Subscription Plan").
1.2 Updates and Functionalities You acknowledge that from time to time Website.io may apply updates to the Services and that such updates may result in changes in the appearance and/or functionality of the Services (including the addition, modification, or removal of functionality, features, or content), and you agree to such changes. Without limiting the foregoing, Website.io may, in its sole discretion, change the functionality associated with certain Subscription Plans, including but not limited to discontinuing all or part of the Services offered on a trial subscription basis.
1.3 Permitted Uses You are responsible for your own conduct when using the Services. You agree that you will only use the Services for lawful purposes and in a manner consistent with these Terms and any applicable rules, policies and guidelines established by Website.io in respect of the Services. Misuse or unauthorized use of the Services and its related systems or networks, or of any information or material available through the Services is strictly prohibited and Website.io reserves the right, at its sole discretion and without liability or prejudice to any other remedies that it may have, to immediately suspend or terminate access by any user who is using, or who Website.io reasonably believes is using, the Services in violation of these Terms.
1.4 Prohibited Uses Without limiting Section 1.3, you agree not to use the Services to: (i) engage in conduct that would constitute a criminal or quasi-criminal offence, that would give rise to civil liability, or that would otherwise violate any applicable local, provincial, state, federal or international law or accepted Internet protocol; (ii) communicate, transmit, upload or post information that is inaccurate, incomplete, misleading, false or libellous; (iii) communicate, transmit, upload or post information or material that infringes intellectual property rights, privacy rights, rights of publicity or any other rights of any person; (iv) communicate, transmit, upload or post material that is obscene, vulgar, pornographic, abusive, defamatory, threatening, racist, sexist or otherwise objectionable; (v) attempt to interfere with or gain unauthorized access to the Services or its related systems or networks; (vi) advertise, solicit or otherwise promote the sale or other distribution of products or services, including products or services that compete with those offered through the Services, without Website.io’s consent; (vii) use or attempt to use the Services to gain unauthorized access to any person’s data or network; or (vii) otherwise use the Services in a manner that could, in the opinion of Website.io, adversely affect the ability of other users to use the Services or the Internet, including post or transmit information or data containing worms, viruses, Trojan horses or other disruptive components.
1.5 Third Party Products and Services The Services may enable you to access, interact with or purchase products or services provided by third parties, including from third party websites or applications linked to or accessible through the Services ("Third Party Services"). Website.io provides access to Third Party Services as a convenience only, and such access does not imply any warranties, representations, endorsements, approvals or verification by Website.io of such Third Party Services. You acknowledge that the use of Third Party Services may be subject to the terms and conditions of such Third Party Services, and that any contract entered into or transaction completed through Third Party Services is between only you and the relevant third party.
2. Intellectual Property
2.1 Website.io Website.io is the owner of the Services and all intellectual property rights related to the Services. All rights, title, and interest in and to the Services not expressly granted under these Terms are reserved by Website.io. Without limiting the generality of the forgoing, Website.io owns the trademarks and design marks, trade dress, domain names, service names, logos and associated designs ("Trademarks") used in connection with the Services and any unauthorized use of the Trademarks is strictly prohibited
2.2 Feedback If you submit any suggestions, comments or other feedback ("Feedback") to Website.io regarding the Services, you agree that Website.io shall have a worldwide, perpetual, irrevocable, unrestricted, unlimited and fully paid-up right and license to use, copy, modify, publish, disclose, distribute, license, sublicense, incorporate into its products, and create derivative works of, any Feedback or any ideas or materials contained in or resulting from any Feedback, for any and all commercial and non-commercial purposes. For greater certainty, you agree that Website.io may use and exploit any Feedback in any way at our discretion, without compensation or obligation to you or to any other party.
3.1 Billing If you are purchasing a paid subscription for the Services, you must provide Website.io with a valid credit card or other form of payment instrument approved by Website.io to pay for the subscription fee set out in the Subscription Plan. You agree that Website.io has permission to retain and/or share with financial institutions and payment processing firms your submitted payment information in order to process your purchase. You agree that Website.io may bill your credit card or other form of payment instrument approved by Website.io on a periodic basis in accordance with the Subscription Plan.
3.2 Account Changes and Cancellation. You may cancel, upgrade or downgrade your subscription at any time. (For details on the account change and cancellation procedure, please refer to the instructions available at https://weebsite.io/help/cancel/. Following an upgrade or downgrade of your subscription, you will be charged or issued a credit, as applicable, for the difference in fees between your old and new subscriptions prorated for the number of days remaining in the subscription period. Following the cancellation of your subscription, the service will remain active for number of days remaining in the subscription period.
3.3 Late Payment. If any amounts due under these Terms are not received by Website.io by the due date set out in the Subscription Plan, Website.io may suspend access to the Services or cancel your subscription.
4.1 Support Support for the Services is available via the website https://website.io/help/ or by contacting us at firstname.lastname@example.org
6.1 Warranty Disclaimers, Limitations on Liability, and Remedies This Website, its Content, and its links are provided on an "as is" and "as available" basis and are used only at the sole risk of User, to the fullest extent permissible by law. Website.io disclaims all warranties, express or implied, of any kind, regarding this Website (including its Content, hardware, software, and links), including any express or implied warranties as to fitness for a particular purpose, merchantability, title, timeliness, non-infringement, results, accuracy, completeness, accessibility, compatibility, security, and freedom from computer virus. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO USER, THE ABOVE EXCLUSIONS WILL APPLY TO USER TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Website.io will not be liable for any damages or losses, including direct, indirect, consequential, special, incidental, or punitive damages, including without limitation damages for lost profits, goodwill, use, data, or other tangible or intangible losses, in connection with use of the internet, this Website, its Content, or its links, however caused, whether in contract, tort, negligence, strict liability or otherwise, even if Website.io has been advised of the possibility of such damages. Website.io will not be a party to, and will have no responsibility or liability for, any transaction negotiated or arranged by a User arising in connection with this Website. In any event, if any of the above provisions in this Section are not enforceable in an applicable jurisdiction, the maximum liability of Website.io will be limited to, in the sole discretion of Website.io, either the (1) correction or deletion of any inaccurate Content or link; or (2) refund of any fees for this Website received by Website.io from User.
6.2 Indemnification Each User will defend, indemnify, and hold harmless Website.io and their respective officers, directors, employees, and agents, and any of its licensors, website partners, or contractors from any demands, claims, damages, liabilities, expenses or harms, including attorney’s fees, arising in connection with User’s actions or omissions, including use of this Website, online conduct, breach of these Terms, or dealings or transactions with other persons resulting from use of this Website.