Last Updated: 20th June 2016
These Types of sites are prohibited from Webytor :-
This is a quick list which include almost all agenda regarding Webytor Terms. Though this is not meant to be finished here. More agenda can be added in near future. Meanwhile if you want to know more about our Terms then please read carefully in down below:
Welcome to Webytor website creation service. We helps to allow people from different parts of the world to make their online presence by creating beautiful and user friendly website so easily by themselves, to manage and promote their businesses, content and ideas, and overall have a great experience and offcourse without being tech-savvy or design gurus. We provide bunch of tools and features to our users for creating and publishing some of the most amazing websites of recent time which may include online stores, newsletters, galleries, media players, mobile apps and other applications – by utilizing their own content together with content and features offered by Webytor.
Your use and access to the website hosting services, websites, communication tools, mobile applications, and ecommerce tools and other services that are available through the website and associated domains of Webytor is subject to these Terms of Service. These are not just a terms, these are the entire agreement between you and Webytor Tech Ltd. These Terms is also applicable when you use the Service on a trial basis. By using the Service in any way, you agree to and accept these Terms, our Privacy Notice, and any other legal notices or guidelines which posted on the Site. If you are using our Service for an organization, you are agreeing to these Terms on behalf of that organization. Please do not use the service if you are not agree with our terms.
Our Service allows users who signup/register for an account (each one will be called "Account Holder") to create and update an amazing online web site. Once registered, each Account Holder receives his or her own Web Site and may post "Content" at his/her own wish/creativity. Any new features on the Service, including the release of new Webytor tools and resources, shall be subject to these Terms. You must have access to the Internet to use this service, either directly or through devices that could access web-based content, and you must pay any fees associated with Internet access. In addition, you must have those all equipment available which combined can have the power of accessing internet with a laptop or computer desk . The Service may include certain communications from us, such as service announcements, administrative messages, and the Webytor Newsletter. These communications are considered as the part of Webytor membership.
If anyone other than yourself accesses your Webytor Account and/or any of your User Websites’ settings, they may perform any actions available to you (unless as specifically stated otherwise on the Webytor Services), make changes to your User Website(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.
Therefore, we strongly advise you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust - as you will be solely and fully responsible for all activities that occur under your User Account and/or User Websites (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.
You must provide accurate and complete information when registering your Webytor Account and using the Webytor Services, to which you are the sole and exclusive rightsholder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content submitted to us.
We reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so, without liability to you or to any other party. Among others, we may consider the principles set forth below.
Our Privacy Notice, which is part of these Terms, describes how we collect, protect, and use your Registration Data and certain other information about you. We encourage you that you should read the Privacy Notice, and to use the information it contains to help you make proper decisions.
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 Webytor 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.
Subject to your full compliance with the Webytor Terms and timely payment of all applicable Fees, Webytor hereby grants you, upon creating your User Account and for as long as Webytor wishes to provide you with the Webytor Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Webytor Services and Licensed Content, for the purpose of generating and displaying your User Website to End Users and offering your User Products and services therein, solely as expressly permitted under the Webytor Terms, and solely within the Webytor Services.
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 authorized Webytor 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.
All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials you post on a web site via the Service are the sole responsibility of the person from which such Content originated. You are responsible for all Content that you upload, post, transmit or otherwise make available via the Service. We do not control the Content you post via the Service.
By using Weytor Service, you may be exposed to content that is offensive, indecent or objectionable. Webytor will not be liable for your Content or the content of any third party, including, but not limited to, for any errors or omissions in your Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. We shall also have the right to remove any Content that violates these Terms or is otherwise objectionable in our sole discretion. You must evaluate, and bear all risks associated with, the use of any Content. You may not rely on any Content created by us.Your Will never :
You may agree to a one (1) month, six (6) month, twelve (12) month or twenty-four (24) month contract agreement with Webytor. Some of the features on the Service require payment of fees, as described for each Service on the Site (“Fees”). If you sign up for these features, you must pay all applicable feature Fees. We reserve the right to change our prices and/or bundle certain parts of the Service together for pricing purposes, and may do so at any time. You authorize us to make any reasonably necessary inquiries to validate your account and financial information.
Webytor reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, Webytor shall have the right to automatically and without notice renew your subscription to such Webytor Service(s) at the full applicable Fee.
All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by Webytor. To the extent permitted by law (and unless specified otherwise by Webytor in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the Webytor Services, or to any payments or purchases made by you. If Webytor is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). Webytor is not responsible for any such additional fees or costs.
AT THE END OF THE CONTRACT TERM, YOUR CONTRACT WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL CONTRACT TERM UNTIL EXPLICITLY CANCELLED BY YOU, AND YOUR PREFERRED PAYMENT METHOD WILL BE CHARGED ACCORDINGLY. YOU MAY TURN OFF THE AUTO-RENEW FEATURE FOR YOUR CURRENT CONTRACT AT ANY TIME. YOU MAY SEND CANCELLATION REQUESTS BY EMAILING OR BY CALLING OUR HELP CENTER AT ANY TIME.
If you are not satisfied with Webytor Services that are subject to a Fee for a period of service or subscription commitment and which is your initial purchase of such service, you may provide notice of cancellation for any reason within fourteen (14) days of having first ordered or activated such Webytor Services (the “Refund” and “Refund Period”). The Refund is applicable only to the initial purchase of Webytor services which is an upgrading of a free website by purchasing a Premium Plan (as offered on the Webytor Website). The Refund is not applicable to any additional purchases, upgrades, modification or renewals of Webytor Services. If you reside in a jurisdiction which requires a longer Refund Period, we will of course be happy to accommodate such requirements in accordance with all applicable laws. If Webytor receives such notice within such Refund Period, Webytor will refund to you the amount Webytor charged you for such Webytor Services, in currency you were originally charged in, and cancel them accordingly. Please note that the Refund amount may be different than the amount you were charged due to currency changes and third party fees. Webytor will not be responsible for any differences caused by change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any Webytor Services actually received, as permitted by law.Certain services purchased on or through the Webytor Services may be non-refundable. These include Third Party Services such as domains, business tools and applications. The terms of each purchased service or application are indicated on the Webytor Website and/or as part of or during the process of purchasing such services or applications. It is your obligation to verify your ability to cancel a service prior to purchasing it. Webytor will not refund any amounts paid for non-refundable Paid Services, applications or Third Party Services.
If you cancel the Service, your cancellation will take effect immediately. After cancellation, you will no longer have access to your web site and we may delete all information on your web site. We accept no liability for such deleted information or content.
For as long as we continue to offer the Service, we will provide and seek to update, improve, and expand the Service. As a result, we allow you to access the Service as it may exist and be available on any given day and have no other obligations, except as expressly stated in these Terms. We may modify (e.g., change data storage or capacity limits), replace, refuse access to, suspend or discontinue the Service, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes are effective upon their posting on our site or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and or discard any Content available as part of your account, with or without notice if deemed by us to be contrary to these Terms. For avoidance of doubt, we have no obligation to store, maintain, or provide you a copy of any Content that you or others provide when using the Service.
Webytor 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: Webytor uses third party payment processors to assist us in securely processing your personally identifiable payment 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 Webytor Privacy Notice. Payments are currently processed and managed using the third party vendors below. We will inform you which payment processors are used when processing your payments.
For the domain name registration services (the “Domain Services”) provided directly to you by Webytor, the following terms and conditions also apply. Your use of the Domain Services provided by Webytor serves as your consent to these terms. Some of the service packages include Webytor registering an Internet domain name or renewing your existing domain name (the “Domain Name”) on your behalf. For the purpose of procuring and/or maintaining domains, Webytor will act only as the agent between you and the organization responsible for domain name allocation (the “Registrar”), which will be Register.com. All new registrations and subsequent renewals of those registrations will therefore also be subject to the Register.com terms and conditions located at: http://www.register.com/policy/servicesagreement.rcmx. Webytor reserves the right to utilize another domain name service provider at any time, in which case the terms and condition of such organization will apply complementarily to these Domain Terms.
Webytor may provide one (1) free domain name for up to one year, with a new purchase of an annual or bi-annual subscription plan. The domain will be included for the lifetime of your Webytor account, and the domain will be registered in your name and is yours to keep, as long as you cover any applicable domain registration fees following the first year. The free domain name only applies to certain top-level domains (e.g. .com, .net, and .org) when signing up for a new plan.
You are responsible for providing correct and complete data regarding the domain name holder (“Registrant”) and the administrative contact when registering the domain name. The technical contact in all cases will be Webytor, Inc. Before applying for a domain name, it is your responsibility to check that the domain name does not violate the rights of any third party or contravene existing legislation. We may defer activation of a domain name until payment of the agreed fees for the registration services has been received. Webytor is in no position to influence the allocation of the domain name by the Registrar. We can neither guarantee that the requested domain names will be allocated to you and/or that allocated domain names are free of third-party rights nor guarantee their continued existence. Any information we provide regarding the availability of a domain name is based on the data provided by third parties and only refers to the time that information is requested. The domain will not be deemed as allocated before registration of the domain in the name of you, the Registrant, and its entry in the database of the Registrar.
The initial registration term for purchased domains may vary and such registration will auto-renew for successive 12-month periods. You will be charged for auto-renewal forty-five (45) calendar days before your domain expires (even if that date differs from your Webytor website subscription renewal date). You can, of course, opt out of auto-renewal by turning off the auto-renew option in your settings at any time before the auto-renewal takes effect. Each purchased domain name is registered in your name and is yours to keep, as long as you pay the applicable fees. If you purchase a new domain, or renew an existing domain, and cancel your purchase within the first thirty (30) days by contacting http://hc.webytor.com, you may receive a full refund. Your right and title to your domain name allows you to transfer a purchased domain to another domain provider; however, you will not be eligible for a refund of registration fees paid to Webytor for transferred domains. Regardless of the identity of the Registrant or any other contact information in your domain name records, any domain name registered through Webytor using your Webytor account is covered by these Terms.
Maintaining accurate and current billing information is a mandatory condition of maintaining your Webytor account. Such data must include the full and real name of the Registrant, a physical mailing address (PO boxes or anonymous addresses are not permissible), a valid email address and telephone number. If this information changes, you must immediately inform us of this change by updating it online. Please note that if your billing information, including your current credit card information, is not current, we will not renew your Domain Services and they may subsequently expire.
Subject to these Terms and those of the Registrar, you may transfer all domain names registered through us to another registrar by following the online instructions provided by Webytor. Should we, due to failure on the part of you, the account holder, or the new registrar, be unable to make the domain transfer to your new registrar, we are expressly entitled to have the cancelled domain name deleted by the relevant registrar after the cancellation date has lapsed. We reserve the right to allow domain transfers only if you have settled all undisputed pending claims with us.
It may not always be possible to recover a domain name after it has expired, and Webytor has sole discretion in determining when a domain name can be renewed post-expiry and what fees will be applicable. If you forfeit a domain name for non-payment, Webytor will have the right, in its sole discretion, to: (a) register and use the domain name for its own purpose; (b) sell or transfer the domain name to a third party; or (c) delete the domain name and allow any new registrant anywhere in the world to register the domain name anew. Further, you agree that Webytor may charge the credit card you have on file with Webytor to recover any amounts outstanding on your account.
On certain occasions, domain name registrations may become the subject of a legal challenge. If Webytor is made a party to any legal action by virtue of one of your domain name registrations, you agree to be responsible for all of Webytor’s costs and legal fees and to indemnify and hold Webytor harmless from any action. If Webytor is notified that a complaint has been filed with a judicial or administrative body regarding your domain name, Webytor may, at its sole discretion: (a) suspend your ability to use, make modifications to, or transfer your registration records; and/or (b) deposit control of your registration record with the appropriate judicial entity by supplying a registrar certificate from us.
You must notify us immediately if you lose the rights to a domain name registered by Webytor on your behalf.
You will indemnify and hold harmless Webytor, and its subsidiaries, licensors, affiliates, officers, directors, agents, co-branders, partners, employees, successors, and assigns (collectively “Indemnified Parties”) from any and all liability, loss, claim, damages, expenses, costs or demands, (including but not limited to reasonable attorneys' fees), incurred or made against the Indemnified Parties by any third party in connection with any claim arising from or related to: (a) your use (or anyone using your account/s) use of the Service, the Site or the Materials, (b) your Content, (c) any Commercial Products you offer on or through the Site or using our Services, or (d) your use of the Domain Services. This includes, but is not limited to, any breach or violation of these Terms by you or anyone utilizing your account. You must fully cooperate at your expense as required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.
Webytor may change, suspend or terminate any of the Webytor Services (or any features thereof, or prices applicable thereto), and/or change any of the Webytor Terms - at any time and in any manner. Such changes may become effective upon notice to you (and in any event, not in a retroactive manner – except as required otherwise by law). If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current Webytor Services without enabling such changes, or provide you with alternative Services.
We may provide you with notices in any of the following methods: (1) via the Webytor Services, including by a banner or pop-up within the Webytor Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Webytor’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
The materials on the Service are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of our proprietary rights in them.
WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Webytor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SERVICE.
IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICE, OR THE MATERIALS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE, THE SERVICE, AND THE MATERIALS. UNDER NO CIRCUMSTANCES SHALL Webytor, ITS AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, THE SERVICE, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE SITE, THE SERVICE, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE.
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