Termeni si conditii

Terms of services

Websea Development S.R.L., collectively "Websea Development", "we", "us" or "our", welcomes you to websea.net and all of our platform domains or subdomains (the "Portal"). These terms and conditions of service (collectively, with Websea Development's Privacy Policy , located at https://websea.ro/privacy.html and DMCA Copyright Policy located at https://websea.ro/terms.html#copyright, the "Terms of Service" or "Agreement") govern your use of the Website and the services, features, content or applications operated by Websea Development (together with the Website, the "Services"), and provided to the Subscriber (the "Subscriber", "user", "sub-user", "you" or "your").

These terms and conditions govern your use of our website; by using this portal, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 [eighteen] years of age to use this website. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.

Eligibility & Registration

1.1 The Websea Development's services are not targeted towards, nor intended for use by, anyone under the age of 18. By using the Websea Development's services , you represent and warrant that you are 18 years of age or older and represent a company. If you are under the age of 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

1.2 To sign up for the Services, you must register for an account on the Portal (an "Account"). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents), and for keeping your Account password secure. You may never use another person's or company user account or registration information for the Services without permission.

1.3 If you create a website on Websea Development's platform, you are responsible for keep your credentials safe, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You must immediately notify Websea Development of any unauthorized uses of your website, your account, or any other breaches of security. Websea Development will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

1.4 Without limiting any of those representations or warranties, Websea Development has the right (though not the obligation) to, in Websea Development’s sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity (in the absence of active service) or (ii) terminate or deny access to and use of Websea Development's service to any individual or entity for any reason.

Content

2.1 You are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using Websea Development's service , you represent and warrant that your Content and conduct do not violate these terms.

2.2 You agree that you will not publish, distribute, redistribute, link or even upload, through Websea Development's service, of copyrighted materials, without explicit permission of their authors. We will analyze every copyright claims from anyone and if you fail to provide us proofs that you have permission to publish the content, we will delete the content from our network, or even suspend your account, depending of the seriousness of the infringment. In this case, Websea Development will have no obligation to provide a refund of any amounts previously paid.

2.3 By submitting Content to Websea Development for inclusion on your website, you grant Websea Development a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your website. This license allows Websea Development to make publicly-posted content available to third parties selected by Websea Development so that these third parties can analyze and distribute (but not publicly display) your content through their services.

2.4 If you delete Content, you revoke Websea Development's license to publish the Content, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

2.5 We can refuse or remove any content that, in Websea Development’s reasonable opinion, violates any Websea Development policy or is in any way harmful or objectionable.

Rules of Conduct

3.1 As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services and the activity of any sub-user that uses your access code or Account.

3.2 You agree that you will not publish, distribute, redistribute, link or even upload, through Websea Development's service, information, software, or materials that are unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, offensive, profane, contains or depicts pornography that is unlawful, or is otherwise inappropriate as determined by us in our sole discretion, (ii) you know is false, misleading, untruthful or inaccurate, (iii) constitutes unauthorized or unsolicited advertising, (iv) impersonates any person or entity, including any of our employees or representatives, or (v) includes anyone's identification documents or sensitive financial information. However, Websea Development may permit, in its sole discretion, adult websites that abide by laws and regulations.

3.3 Prohibited content! You agree that you will not publish, upload or link to:

• malware, spyware, adware or other malicious or destructive code
• warez, hacking tools, exploits, bots
• anything related to torrents
• download oriented web sites
• promoting illegal activities
• hacker focused web sites
• pills, medicines, pharmaceuticals
• gambling encouragement
• pyramid schemes, profit schemes, enrichment schemes
• content that incites violence, promotes terrorist acts or celebrates terrorist attacks

3.4 You agree that you will not claim to be a person or organization you're not. However, parody and satire are allowed, as long as they do not mask illegal activities.

3.5 You agree that you will not share someone's personal information (such as social security or national ID numbers, credit card numbers, IP addresses, unlisted/non-public physical addresses, unlisted/non-public email addresses, unlisted/non-public phone numbers, birth dates, unauthorized images, private nude images) without their consent.

3.6 Hotlinking is not allowed. Your aren't allowed to host files that will only be used on other websites.

3.7 Spam or machine-generated content is not allowed. Websites such as those primarily dedicated to drive traffic to third party sites, boost SEO, phish, spoof or promote affiliate marketing are not tolerated by us. We don’t want you to pollute the web outside either, so we ask you to please avoid sending unwanted or unsolicited promotions or emails about your site, even if it’s not on Websea Development's network .

3.9 Any violations of the Rules of Conduit, will result in content delete or account suspend, depending of the seriousness of the violations. In this case, Websea Development will have no obligation to provide a refund of any amounts previously paid.

Third party services

4.1 Our portal may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to our portal. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. 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 the use of or reliance on any such content, goods or services available on or through any such website or resource. It is your responsibility to protect your system from such items as viruses, worms, Trojan horses and other items of a destructive nature.

 

Payment, billing and renewals

5.1 After ordering a service from our portal, you will receive a proform with a due date. Some services will become available immediately, but if you don't pay the proform until the due date, those services will be suspended.

5.2 If your offer includes a domain name, the domain will be registered by us on your behalf only after payment of the proform. Until domain registration, you will use a temporary subdomain provided for free by us.

5.3 If you don't pay our first proform, and the service in question will be suspended, you should consider the period between service availability and due date as the Trial period, and in the trial period, you are not charged.

5.4 All your active services are treated individually. So, one service suspension for nonpayment will not cause suspensions of other active services.

5.5 After payment, you can cancel your subscription any time, and you can request your money back without any reason, up to 30 days after your payment. However, we will ask you the reason of your cancelation, and you will answer only if you wish.

5.6 Our portal will auttomatically notify you, by email and SMS, to renew the service, by issuing a new proform. The system will allow delays to pay up to 10 days after the due date, ONLY for renewal proforms. If the payment was not made within 10 days after the due date, your service will be suspended and all your content will be deleted from our network after a while.

5.7 Websea Development accepts major credit cards, debit cards and PayPal payments.

5.8 We use third-party payment processors (the "Payment Processors") to bill you through a payment account linked to your Account on the Services (your "Billing Account") for use of the paid Services. The processing of payments may be subject to the terms, conditions and privacy policies of the Payment Processors in addition to this Agreement. We are not responsible for error by the Payment Processors. By choosing to use paid Services, you agree to pay us, through the Payment Processors, all charges at the prices then in effect for any use of such paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processors, to charge your chosen payment provider (your "Payment Method").

5.9 All informations related proform, prices, billing terms and payment methods will be specified in the email containing the proform sent by our system, and are according with your offer and the services choosen previously.

5.10 We reserve the right to change our prices and billing terms, but these prices and terms will remain unchanged for subscriptions ongoing, unless you request us to change for your account too, according with our current offer. Also, we will propose you to change the prices and billing terms according to our current offer, but is up to you if you accept our proposal or not.

5.11 It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Websea Development may report any such misuse or fraudulent use, as determined in Websea Development's sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.

Domain names

6.1 We are not a domain registrar, but we act as one, because in some cases, we can register domain name, on behalf of our customers. We register domains, only to help our customers, because as we promised, we'll take care of every aspect of your website.

6.2 We work with several domain registrars, and we can register almost any extension, if the domain is available. For common domain extensions, like .com .net .org .us , we know the domain price and terms, but for uncommon domain extensions, we don't. So, in some cases, there will be a second invoice for the domain registration.

6.3 We will register your desired domain name on your behalf only after you have paid our invoices. Then we set up your domain name to point to our servers to serve the services provided to you. At any time and for any reason, you can request to transfer the domain to another registrar of your choice. In this case, you will be responsible for paying the transfer fee and the periodic domain renewal fee to the new registrar.

6.4 In some cases, the desired domain can become unavailable, after you pay to us for our services and before we register your domain. In this case, we will ask you to choose another domain. If you refuse, we will refund you the paid amount and the service is considered terminated.

6.5 Some of our offers, includes a free domain name. The domain name is registered by us, with no additional cost to you, under the offer terms, ONLY after the proform payment. Any refund request, after the domain registration, will not contain the amount that we have already paid for your domain. For more information, please read the "Money back policy".

6.6 Domain names are not changeable. So, if you want to change your website domain name, this means a new domain registration, and are paid by you separately for each additional domain, and accordint to each domain terms.

6.7 On some offers, we offer only one free domain pe service. If you want to change your current domain that was offered by us for free, you must pay the registration fee for the new domain. The old domain will be dropped at its expiration date and the renewall fee will be supported by us, next year.

6.8 However, your website can have multiple domains. As we offer for free only a single domain, you will pay the additional domains registration and renewal fees.

6.9 Some domains (especially the country top level domains), have their own reglementations. Some of them requires you to be resident in that country. We will let you know at that time what extra-reglementations are needed. If you do not accept or do not comply to their reglementations, you will be asked to choose another domain with another extension. If you refuse, we will refund you the paid amount and the service is considered terminated.

6.10 You agree to not register for impersonating another user or entity or an existing company/user/service, copyright or trademark infringment or any illegal use. Any of these uses will result in domain suspension. In this case, Websea Development will have no obligation to provide a refund of any amounts previously paid.

Limitation of liability

7.1 In no event shall we, nor our directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) of fees paid to us for the particular services during the immediately previous one month period, even if Websea Development had been advised of, knew, or should have known, of the possibility thereof. subscriber acknowledges that the fees paid by him or her reflect the allocation of risk set forth in this agreement and that Websea Development would not enter into this agreement without these limitations. subscriber hereby waives any and all claims against Websea Development arising out of subscriber's purchase or use of the services, or any conduct of Websea Development's directors, officers, employees, agents or representatives. your sole and exclusive right and remedy in case of dissatisfaction with the services or any other grievance shall be your termination and discontinuation of access to or use of the services.

In addition, you agree that Websea Development is not responsible for any data compiled by our services and that Websea Development will not be liable, in any manner, as a result of your exposure to any defamatory, libelous, threatening, unlawfully harassing, obscene or otherwise unlawful content or data. in no event shall Websea Development, or any third party provider of any component of the services or of any information delivered as part of the services, be liable to you and/or any party for any damages of any kind, including but not limited to direct, indirect, special, exemplary, punitive, consequential or similar damages arising out of or related to the services, content, products, the use or inability to use this website, or any linked website, including without limitation, lost profits, loss of use, business interruption, or other economic losses, loss of programs or other data, whether in an action of contract, negligence or other tortious action, even if Websea Development is advised of the possibility of such damages, including liability associated with any viruses which may infect your computer equipment.

Disclaimer

8.1 Our Services are provided “as is.” Websea Development and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Websea Development nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

Translation

9.1 These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

Changes to the Agreement or the Services

10.1 Websea Development may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the Websea Development website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.

10.2 Websea Development reserves the right to modify, change, or discontinue any aspect of the Services at any time.

Backup

11.1 Subscriber is solely responsible for the preservation of Subscriber's data which Subscriber saves onto Websea Development's network (the "Data").

11.2 We periodically make backups to our servers (almost daily), but this is not our main field of activity, therefore, we are not responsible if you lose content published too recently or too distant in time.

Termination and Access

12.1 Websea Development may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your http://www.websea.net account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

12.2 Websea Development reserves the right, in our sole discretion, to terminate your access to all or any part of the Services at any time, with or without notice, effective immediately, including but not limited to as a result of your violation of any of these Terms of Service or any law, or if you misuse system resources, such as, by employing programs that consume excessive network capacity, CPU cycles, or disk IO. Any such termination may result in the forfeiture and destruction of information associated with your Account. Websea Development may provide prior notice of the intent to terminate Services to you if such notice will not, in Websea Development's discretion, run counter to the intents and purposes of these Terms of Service. Except as otherwise set forth hereunder, any and all fees paid hereunder are non-refundable and any and all fees owed to Websea Development before such termination shall be immediately due and payable, including any liabilities that may have been incurred prior to termination such as Websea Development's costs for collection (including attorneys' fees) of any such charges or other liabilities. Upon termination, any and all rights granted to Subscriber by this Agreement will immediately be terminated, and Subscriber shall promptly discontinue all use of the Services. If you wish to terminate your Account, you may do so by following the instructions on the Website or through the Services. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.