What’s covered in these terms
It’s important to establish what you can expect from us as you use ONEWEBX Services, and what we expect from you. These Terms of Service reflect the way ONEWEBX’s business works, the laws that apply to our company, and certain things we’ve always believed to be true. As a result, these Terms of Service help define ONEWEBX’s relationship with you as you interact with our services. For example, these terms include the following topic headings:
- What you can expect from us, which describes how we provide and develop our services.
- What we expect from you, which establishes certain rules for using our services.
- Content in ONEWEBX services, which describes the intellectual property rights to the content you find in our services — whether that content belongs to you, ONEWEBX, or others.
In case of problems or disagreements, which describes other legal rights you have, and what to expect in case someone violates these terms
Understanding these terms is important because, by using our services, you’re agreeing to these terms.
ONEWEBX Services are provided by, and you’re contracting with:
ONEWEBX LLC, organized under the laws of the State of New York, and operating under the laws of the United States.
Please read this Agreement carefully in accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by our site, acceptance is expressly limited to these terms.
Payment and Renewal.
By selecting our product or service, you agree to pay our us the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on an on prepay basis on the day you sign up or upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
Unless you notify us before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes if required) using any credit card or other payment mechanism we have on record for you. Services can be canceled at any time by submitting your request to us via email in writing.
Fees; Payment. By signing up for a Services account you agree to pay us the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. We reserve the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime by written notice to us.
Support: If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by contact to respond within one business day) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard services. All support will be provided in accordance with our standard services practices, procedures and policies.
Content: By submitting Content to us for inclusion on your Website, you grant us 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 web projects. If you request “delete Content” we will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, we have the right (though not the obligation) to, in our sole discretion (i) refuse or remove any content that, in our reasonable opinion, violates our policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in our site sole discretion. In this case we may have no obligation to provide a refund of any amounts previously paid.
Website management transfer: If we full transfer Website to you or anyone you chose to manage, you are responsible for maintaining the security of your account and website, 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 not describe or assign keywords to your website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and we may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause our site liability. You must immediately notify us of any unauthorized uses of your website, your account or any other breaches of security. We 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.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about ONEWEBX must be sent to us. Californian clients are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California State Department of Consumer Affairs may be contacted directly in writing.
Responsibility of Contributors: If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party
- If your organization has rights to intellectual property you create, you have either (i) received permission from your organization to post or make available the Content, including but not limited to any software, or (ii) secured from your organization a waiver as to all rights in or to the Content
- You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms
- The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content
- The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing)
- The Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party
- Your website or blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods
- Your website or blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your website or blog’s URL or name is not the name of a person other than yourself or company other than your own
- You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by our site or otherwise.