These terms are in addition to the Webvisions Web Hosting Terms and Conditions.
The following words and expressions shall have the meanings hereby assigned to them except where the context otherwise requires. All Terms defined in the Web Hosting Terms and Conditions shall have the same meaning in this document unless redefined below.
“Webvisions”, “us”, “we” and “our” refers to Webvisions. “Client “, “You” and “Your” means the party or parties who enter into this Agreement with Webvisions. “Service”, “SiteCreator” means access to the SiteCreator website builder software bundled with hosting and email Services, provided by Webvisions.
2. General Terms
2.1 The Terms and Conditions set out in this document relate only to your use of the SiteCreator 2.0 website builder Service provided by Webvisions.
2.2 You also agree to be bound by the following Agreements:
- 2.2.1 Webvisions E-mail and Web Hosting Services Agreement located at:
E-mail and Web Hosting Services Agreement
- 2.2.2 Webvisions Privacy Statement Policy located at:
Privacy Statement Policy
- 2.2.3 Webvisions Acceptable Use Policy located at:
Acceptable Use Policy
2.3 Webvisions reserves the right to modify, enhance and withdraw all or part of the Service and alter its Policies and these Terms & Conditions. In the event of any change, Webvisions shall provide a general notice on our website and changes will become effective upon publication.
2.4 [FREE PLAN] You will be required to learn and implement the SiteCreator platform without direct assistance from the Webvisions team. You must understand that you will NOT have access to a Webvisions SiteCreator Expert or Support and you will ONLY have access to Help articles.
Our web-based Service allows users who register for an account (each an “Account Holder”) to create and update an online web site. Once registered, each Account Holder receives his or her own Web Site and may post “Content” (defined in Section 7). Any new features on the Service, including the release of new SiteCreator 2.0 tools and resources, shall be subject to these Terms. To use the Service, you must have access to the Internet, either directly or through devices that access web-based content, and you must pay any fees associated with Internet access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a web-enabled computer. The Service may include certain communications from us, such as service announcements, administrative messages, and the Webvisions Newsletter. These communications are considered part of Webvisions membership. You may not access the Service by any means other than through the Service interfaces we provide you.
4. Proprietary Rights
The Service, all confidential and proprietary software used in connection with the Service, Materials, content contained in sponsor advertisements or in information presented to you through the Service or by advertisers, and all other materials and services provided by or through SiteCreator 2.0 are owned by us or other parties that have licensed their materials, content, or provided services to us, and are protected by copyright, trademark, trade secret, and other intellectual property laws.
“Materials” means any necessary software, all informational text, software documentation, design of and “look and feel,” layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted, as well as all derivative works thereof.
Webvisions gives you permission to use the Materials to the extent, and only to the extent, necessary to access and use the Service in accordance with these Terms. This permission does not permit you to store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials, or otherwise distribute in any way the Materials other than as specifically permitted in these Terms. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Service or Materials, create derivative works based on or in any manner commercially exploit the Service or Materials, in whole or in part, other than as expressly permitted in these Terms. Any use of the Service or Materials for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors or advertisers, as applicable, is expressly prohibited. We reserve all rights not expressly granted in these Terms.
All trademarks, service marks, logos, slogans, and taglines (individually and collectively, “Mark” or “Marks”) are the property ofWebvisions or their respective owners. Except as otherwise specifically provided herein, no license or right to use any Mark is granted without the express written permission of Webvisions or the respective third-party Mark owner.
We do not want to receive confidential or proprietary information from you through the Service or by email. Unless otherwise agreed in writing by an authorised Webvisions representative, any material, information or idea you transmit to us by any means may be disseminated or used by us or our affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to Content or to personal information that is subject to our Privacy Notice.
Selling Through SiteCreator 2.0
Some of our Services and Materials may offer you the opportunity to sell or purchase goods and services through sites hosted or designed by Webvisions (such goods and services, “Commercial Products”). We are merely providing the platform for buyers and sellers to conduct transactions for these Commercial Products. In order to sell through SiteCreator 2.0, you must be 18 years or older or at least the age of majority where you reside or from where you use our Services and you must provide your full legal name, current address, valid email address, and any other information requested by us. In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
Third Party Services, Software, and Websites; No Implied Endorsement
Webvisions is not responsible or liable for any loss or damage incurred as a result of your use of any third party’s service, product, software, content, or website (collectively, “Third Party Materials”) whether or not you were linked to or directed to any Third Party Materials through the Site. Third Party Materials, such as email, e-commerce and payment services including but not limited to, Authorize.net, PayPal, Square, and Stripe payment options, may be subject to the applicable third party terms of service and privacy policies, and you are solely responsible for reviewing, agreeing to, and complying with any such terms before you use any Third Party Materials. Your use of any Third Party Materials is at your own discretion and risk. If you do not agree to the third party’s terms of service or license agreement, do not download or use the Third Party Materials. Your use of any Third Party Materials obtained through the Service does not transfer to you any rights, title, or interest in or to the Third Party Materials beyond the terms contained in the third party provider’s terms of service or license. Any reference on the Site to any Third Party Materials is not an approval or endorsement by us of such Third Party Materials.
Third Party Payment Processors: SiteCreator 2.0 uses third party payment processors to assist us in securely processing your personally identifiable payment will inform you which payment processors are used when processing your payments. information. Such third party processors’ use of your personal information is governed by their respective privacy policies which may or may not contain privacy protections as protective as the SiteCreator 2.0 Privacy Notice. Payments are currently processed and managed using the third party vendors below. We
Suspension and Refusal to Supply Services
If a claim is made or threatened against us by any third party we may immediately cancel or suspend the provision of our Services unless in our sole discretion we are satisfied the claim is wholly without merit or you provide us with sufficient security in our discretion to protect and indemnify us against that claim. Any cancellation, suspension or refusal by us under this clause does not give you any right to claim damages, compensation or for losses of any nature from us.
Exclusion of Liability
We exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent or other entity we have a business relationship with and anyone else we may get to perform our duties under any Agreement you have with us. None of the persons specified is liable or has to pay you for anything in connection with or resulting from anything any of us does or does not do or delays in doing whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and irrespective of the way liability might arise.
Despite clause 9, if we are found liable to you in any circumstances, you agree we will not be liable to meet any indirect, special or consequential losses including loss of profits and in all circumstances the maximum liability we will have to you will be limited to the amount of the annual fees you pay to us for the defective or deficient Services.
You are responsible for choosing adequately secure passwords and for maintaining the security of said passwords.
Webvisions reserves the right to use password strength analysis tools to determine the security of passwords on the server. We may change any password immediately should it be found to be inadequately secure for its purpose. We will notify you by email to the last known contact address in such an event. Webvisions shall not be under any obligation to check or take action in respect to any passwords.
Although we follow industry-standard security procedures, Webvisions makes no warranty as to the privacy or security of your data or email.
Not for Resale
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of SiteCreator 2.0, use of SiteCreator 2.0, or access to SiteCreator 2.0, without the express permission of Webvisions by separate agreement.
This agreement shall become effective on the date your order form (including for any free trial if one is being offered) has been submitted to us for the said Service. In the event it is necessary for Webvisions to enforce its rights under this agreement, you agree to pay all fees incurred by us, including but not limited to, legal fees and collection costs.
In the event where two or more parties share authority to access the service and we receive conflicting instructions, we reserve the right to lock the management of the website until such time as a Court Order or letter of authority signed by all parties is provided. In this situation Webvisions will not be responsible for ensuring the content of the site is in any particular form or displays any particular information before we lock access to it.
You shall be deemed to have read this agreement and agree to be bound by this agreement. This agreement shall supersede all earlier versions of this agreement. No oral communications will ever be sufficient to vary this agreement.