Terms Of Service

WebAsyst provides online hosted services, subject to the following Terms of Service, which constitute a legal agreement between you (Subscriber) and WebAsyst LLC (WebAsyst). The Terms of Service may be updated by WebAsyst at any time with or without notice to Subscriber.

Description of Service

WebAsyst provides time-unlimited free of charge services and paid services, limited to the length of the hosting period chosen by Subscriber, as published in the “Pricing” section of WebAsyst main website: www.webasyst.net. WebAsyst provides each Subscriber with access to a collection of web services (collectively, Service), hosted on the WebAsyst web servers, on a monthly subscription basis. Unless explicitly stated otherwise, any new services or new features that upgrade or enhance the Service, shall be subject to the Terms of Service.

Registration

To obtain access to Service, Subscriber must follow instructions to complete registration form, provided in the “Create WebAsyst Account” section of WebAsyst main website www.webasyst.net The person who completes the registration form is the initial Account Administrator. All notices from WebAsyst to Subscriber, including initial notification with login instructions, will be given to the current Account Administrator at the e-mail address filled in the registration form.

Account Name, Username, Password

Account Administrator creates Account Name, Username, and Password which are used to register an account and enable account login. Account name is a name identifier placed in front of “.webasyst.net” in account address. It is an account’s main identifier and cannot be modified later. Login will be used as Username or Login Identifier and can not be modified later. Password will be account login password and can be modified after first login, at any time. After account confirmation, Account name, Username, and Password must be used to access an account.

Access to Service

WebAsyst will make commercially reasonable efforts to ensure that access to Subscriber Accounts is available on a 24 x 7 basis. However, the Subscriber acknowledges and agrees that access to the Services may be unavailable from time to time for any reason, including, but not limited to, interruption of major network connectivity, network and server outages, and backup and regular maintenance by WebAsyst and any operators of our servers.

To use the Services, the Subscriber must obtain and pay any fees for access to the World Wide Web and provide all equipment necessary to make such connection, including a computer and modem or other access device. The Subscriber may access the Service only via the interface provided by WebAsyst. Although the Service is generally accessible worldwide, access may not be available to all persons or in all locations.

WebAsyst reserves the right to refuse hosting services to any subscriber who wants to publish material which may be considered pornographic under any statute in any state of the USA.

Free Hosting Service

Free hosting service is provided to Subscriber free of charge for unlimited period of time. Free hosted account includes any number of available WebAsyst services, subject to limitations, limited amount of disk storage and account users. All limitations are subject to change without further notice and are specified in the “Pricing” section of main WebAsyst website.

Support

WebAsyst offers free online support. This includes free online help and free email support for all Subscribers. Subscriber can send his/her support requests via Support form on main WebAsyst site www.webasyst.net or email to support@webasyst.net. WebAsyst will make reasonable efforts to provide a qualified and efficient reply to each Subscriber request within 24 hours.

Fees

All fees are payable in US dollars. All transmission fees, currency translation fees, wire and bank fees chargeable by or deducted from remittances by any bank, including the transmitting, intermediary or recipient bank are the responsibility of the remitting party (Subscriber). Merchant fees charged by Credit Card Companies and by PayPal assessed to WebAsyst, will be absorbed by WebAsyst and are expressly not the responsibility of the remitting party.

Account Administrator is designated as the responsible contact for purposes of billing and payment of fees. Subscriber agrees that should subscription charges not be paid in a timely manner, WebAsyst may, in its sole discretion, discontinue service until such time as Subscriber’s account is current.

Subscription Fees are charged in accordance with WebAsyst prices as published on the website at the time of subscription and/or renewal.

Billing

Upon subscription to paid services, Subscriber will be responsible to pay a non-refundable amount, equivalent to the total of fees of services, not included in a free hosting service for the indicated hosting period. Fees will be assessed based on the number of WebAsyst services selected by Subscriber, amount of disk storage, number of account users, and amount of SMS credit in accordance with WebAsyst published prices at the time of subscription and/or renewal to any of the paid services.

Recurring Billing

Recurring Billing plan is available to Subscriber who provides his/her credit card to WebAsyst to be charged for paid hosting services provided. A Monthly Billing Date is established, upon which Subscriber’s credit card will be automatically charged by the amount, equivalent to the monthly fee for the services provided. Recurring Billing starts on the first day after the completion of the initial hosting period and lasts until the account is cancelled by Subscriber.

Upgrade

Subscriber can upgrade his/her account at any time to add any number of web services, add storage space, number of users or SMS credit. If applicable, charges to Subscriber’s account will become effective on the day of the upgrade, and will be prorated by the number of days left in the hosting period.

Downgrade

Subscriber can downgrade his/her account at any time to remove any number of web services, remove storage space or number of account users. No refund will be issued for the paid hosting period, during which downgrade is performed. If applicable, new charges will take effect on the next billing date following the paid hosting period in which the downgrade request is received by WebAsyst.

Cancellation

Cancellation may be made at any time by Account Administrator by using Cancel Account function in the Control Panel in his/her WebAsyst account. Upon cancellation Subscriber’s database will be immediatelly deleted as well as all attachments associated with the account, and all user accounts associated with the account. Deleted information can not be reinstated at a later time. No refund will be issued in case cancellation has occurred before the end of the hosting period.

Termination by Provider

Subscriber agrees that WebAsyst, in its sole discretion, may terminate (cancel, suspend) all or any part of the Services, and remove any content within the Database of Subscriber if WebAsyst believes that the Subscriber has violated or is threatening to violate these Terms of Service or other policy of WebAsyst, its Third Party Providers or applicable law, has misused or is threatening to misuse the Services, or has conducted or is threatening to conduct any fraudulent, abusive, or illegal activity, or if the Subscriber has accessed or is attempting to access any part of the Service without authorization. WebAsyst reserves the right to investigate the validity of any complaint presented to it, which alleges that any Account has been used to conduct fraudulent, abusive or illegal activity, or has been used in any way which violates these Terms. Such investigations may include logging on to the Account and/or reviewing any data or information contained therein. WebAsyst will not, however, provide any such information to any third party unless required by law or court order.

Termination described above may be made with or without notice and will be effective immediately. Subscriber agrees that WebAsyst shall not be liable to Subscriber or any third party for such Termination of the Service.

Terminating abandoned account

WebAsyst may terminate Subscriber's account if our log records show that Subscriber didn’t access his/her account for 30 days provided the account is free or paid hosting period is expired.

Anti-Spam Policy

Spam (also known as junk mail) is unsolicited email, regardless of the contents of the email, sent to recipients who have not requested to receive it. We have a no tolerance spam policy. Your account will be terminated if you send Spam.

WebAsyst Mail service allows you to send permission-based bulk email communications. Every email sent from WebAsyst Mail contains a mandatory unsubscribe link at the bottom of the message. This unsubscribe link cannot be removed.

Privacy

WebAsyst respects the privacy of its Subscribers. All information provided by Subscriber and stored on the WebAsyst Host Server is subject to our Privacy Policy, which is available on WebAsyst main website: www.webasyst.net.

Security

Subscriber is responsible for maintaining the confidentiality of the Account Name, Usernames and Passwords associated with Subscriber’s Account. Subscriber agrees to immediately notify WebAsyst of any known or suspected unauthorized use of the Account or other information stored on the WebAsyst Host Server, or any other breach of security.

Backup

WebAsyst backs up Subscriber Accounts daily. The Databases as well as all attachments (files) are backed up. Backup copies are stored on a specially designated backup server and can be restored in case of partial or full account data loss. Backup copies cannot be provided to Subscriber, neither can they be restored upon Subscriber’s request.

DISCLAIMER OF WARRANTIES

SUBSCRIBER EXPRESSLY UNDERSTANDS AND AGREES THAT:

a. THE USE OF THE SERVICE IS AT SUBSCRIBER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WEBASYST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT SUBSCRIBER’S OWN DISCRETION AND RISK AND SUBSCRIBER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY SUBSCRIBER FROM WEBASYST OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

LIMITATION OF LIABILITY

SUBSCRIBER EXPRESSLY UNDERSTANDS AND AGREES THAT WEBASYST SHALL NOT BE LIABLE 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 WEBASYST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) 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; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF SUBSCRIBER’S TRANSMISSIONS OF DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

Indemnity

Subscriber agrees to indemnify and hold WebAsyst, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content Subscriber submits, posts, transmits or makes available through the Service, use of the Service, connection to the Service, violation of the Terms of Service, or violation of any rights of another.

Proprietary Rights

The Services, this WebAsyst Host Server, and all Content, and all trademarks, including but not limited to all material distributed or presented to the Subscriber through the Services by WebAsyst, and all rights and intellectual property rights therein, are the sole property of WebAsyst, and are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.