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This Hosted Service Agreement (hereinafter referred to as “HSA”) governs the provision of WebAsyst online services (hereinafter referred to as Services) by its developer, WebAsyst.
HSA is a legal agreement between WebAsyst and the User of Services (hereinafter referred to as ”User”). HSA is subject to updates by WebAsyst without prior notice to User.
WebAsyst grants User access to Services in the form of subscription. The Services are hosted on WebAsyst server(s). Unless specified otherwise, any new application or option modernizing or improving the Services is subject to the current HSA.
To gain access to the Services, User must complete the registration form at http://www.webasyst.net/signup/. When the registration form is filed, User becomes the Administrator of the newly created account. All notifications and messages from WebAsyst, including the initial e-letter, are sent to the e-mail address specified by the User when filling in the registration form.
During registration, User specifies the account name, login, and password. The account name is unique and CANNOT be changed. Login is unique for the account. Password can be changed by User after the first log in.
WebAsyst makes every reasonable effort to ensure that User can access the account 24/7. Nevertheless, User acknowledges and agrees that the account may be temporarily inaccessible for any number of reasons, including, but not limited to, connectivity problems, server and network downtime, planned maintenance of WebAsyst server.
User accesses the Services via internet; all the connection expenses are paid by the User. User should have all the devices to connect to internet, including a computer, modem or other connection-enabling devices. Services are accessible only via the WebAsyst interface.
Upon creation the account is assigned a URL http://accountname.webasyst.net, which is the permanent address of the account.
User can register a second level domain name for the account, or associate an already registered domain name with it, provided the account is paid and not free.
The second level domain name is registered for one year; extension of the registration is performed from the account's settings panel by User, at his/her discretion.
The domain name is registered with the User as administrator. User can change the registrar only after one year from the registration date.
Free services are provided to Users for an indefinite period of time. Free accounts offer all the functions and features of the Services; limitations apply to the disk space, number of users, quantity of files, contacts, projects and other items and entries. All the limitations applied to free accounts are described at www.webasyst.net, they are subject to change by WebAsyst without prior notice.
WebAsyst provides free technical support to all Users via e-mail. User can send a query using the form at www.webasyst.net/support/contact-support.html or by sending a letter to support@webasyst.net. WebAsyst makes reasonable efforts to provide every query received with a qualified and efficient reply within 24 hours.
WebAsyst provides no support for the issues related to HTML/CSS modifications (including modifications of the templates' markup and/or layouts in the WebAsyst Shop-Script service); nor does WebAsyst perform such operations at request of User.
WebAsyst does not provide educational services covering the technologies used in development of Services.
Users may upgrade their accounts at any time, shifting the limitations for any of the Services used (adding disk space, refilling SMS balance, canceling limitations applied to quantity of items/entries). The upgrade is effected by moving to a desired pricing plan (for the period of 1 to 12 months) or by individual adjustment of the feature in question.
All expenses related to transfer, currency conversion, commission fees, and fees for wire and bank transfers imposed by any bank (originating bank, intermediary bank, beneficiary bank) or payment system are paid by the User.
Credit card and electronic payments processing fees imposed by the credit card companies are paid by WebAsyst.
Administrator of the User account is responsible for preparing invoices and paying for the Services.
User agrees that if payment for services is overdue, WebAsyst may limit the User's access to the account until the account is settled, including the overdue period, when the User may have had no access to the account. This payment is due because Webasyst will have maintained the account on User’s behalf. When limitations are caused by User’s failure to make payment, the Service is considered to be rendered in full.
Recurring billing applies to the accounts that were paid by credit card. In such cases, the payment for Services will automatically be debited to the User's credit card; the default payment amount is a one month fee under the chosen pricing plan. The first automatic debit to User’s card occurs on the final day of the initial period paid for by the User. Automatic debiting will occur every month, unless the account is downgraded to a free plan or the User cancels it. User must cancel/downgrade by the last day of paid period in order to avoid automatic payment for following month.
User can downgrade and switch to a free plan at any time; i.e., abandoning extra disk space, decreasing the number of users, and/or changing other settings of the account. To switch to the free plan the account should be within the free account limitations.
IMPORTANT NOTE: Partial credit is not returned to the User if the account is downgraded to the free plan before the paid period is over.
Account's administrator can cancel the account at any time. Cancellation results in complete deletion of all the data from the account's database, deletion of all files, entries and user configurations associated with the canceled account. The deleted data cannot be restored.
IMPORTANT NOTE: Partial credit is not returned to the User if the account is canceled before the paid period is over.
User agrees that WebAsyst, at its discretion, may discontinue (cancel, terminate) provision of Services, in full or in part, and/or delete any data from the User's account in case WebAsyst decides the User has violated the rules specified in the HSA or applicable legislation, undertakes some fraudulent or illegal actions, or has accessed any part of the Services bypassing authorization.
WebAsyst reserves the right to investigate cases when a user's account is reported to be used for fraudulent or illegal activity, or violates the rules prescribed by the HSA. The investigation may include accessing the User's account and/or scanning any data or information stored within. However, WebAsyst undertakes not to submit such data or information to a third party unless mandated by legislation or a court order.
The discontinuation of provision of Services described above may be effected with or without prior notice. User agrees WebAsyst is not held responsible before User or any other third party for such Services provision discontinuation.
WebAsyst may delete a User's account if the server's log reveals the account has not been accessed for 90 days, when such an account was operated under the free plan or when the paid period ended 90 or more days after the account was last accessed
Spam is a mass mailing of commercial, political, or any other information and/or advertising sent to recipients who have not opted-in to receive it.
If a Services' User is reported to send spam, WebAsyst reserves the right to suspend such User's account for investigative purposes and until the investigation is over. Violators’ accounts will be terminated without recourse.
WebAsyst Mail online service enables User to send messages to subscribers who have expressed their willingness to receive such messages. Each message sent with WebAsyst Mail should have an opt-out link which allows the subscriber to remove his/her address from the mailing list. Absence of the opt-out link is a violation of the HSA.
WebAsyst respects private information submitted by the Services' Users. Any personal data stored on WebAsyst server is not subject to public disclosure or disclosure to any third party, except for the disclosure forced by legal bodies under legislation or court order.
To make the connection secure, it is advisable to use SSL when accessing the account (only paid accounts feature the SSL feature). With SSL, the data transferred from the User's computer to WebAsyst Server and vice versa is encrypted (128-bit encryption key), eliminating the possibility of such data's unauthorized interception and use. SSL certificate also prevents connection to any other server but WebAsyst when the User accesses the Services.
User is responsible for keeping the account's address, its logins and passwords secret. User agrees to inform WebAsyst immediately of any known cases when the account or other data stored on the WebAsyst server is used without authorization.
Backups of a paid User account are created every day; the backup includes the account's database and attachments. Backups are stored on a dedicated server and may be used to restore the User's account in case of complete or partial loss of data resulting from a technical failure on the WebAsyst server. Users have no access to backups; WebAsyst does not restore accounts from backups on User's request.
WebAsyst constantly improves the Services; the improvements are based on customers’ requests and researched marketing data. Updates are released on a regular basis.
Any changes to the Services, such as their enrichment with new features, abandonment or modification of the existing ones, and redesign of the visual elements, are made by WebAsyst at its sole discretion. Updates require no actions on the User's part; Services routine is not affected by the update process.
Updates lead to no extra charges.
User agrees that
a) the decision to use the Services was made solely by the User. Services are provided “as is” and “as available”. WebAsyst deliberately disclaims guarantees of any kind, apparent or implied, including, but not limited to, guarantees of profits resulting from the use of Services and their adequacy for particular purposes.
b) Obtaining information data packages via the Services through downloading or otherwise takes places at the User's discretion. User is the sole person responsible for any damage to hardware or loss of data that may result from obtaining such information or data packages via the Services.
c) Recommendations or information, in oral or written form, received by User from WebAsyst or through Services, imply no guarantees, unless otherwise specified in the present HSA.
It is agreed by the User and WebAsyst that WebAsyst is not liable for direct, implied, accidental, intentional penalties, losses and other damages, including, but not limited to, loss of income, reputation, user rights, data and other types of losses with intangible assets involved (even if WebAsyst was informed such losses may occur), in case such losses and damages resulted from a) use or inability to use Services; b) acquisition of alternative goods or services as a consequence of the use of Services to acquire goods, data, information, services, messages or make deals; c) unauthorized access to data or their damage as a result of User's action; d) actions or claims related to the Services expressed by third parties; e) any other reason connected to the Services provided.
User agrees to indemnify and hold WebAsyst, its subsidiaries, affiliates, officials, agents or other partners, and employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of content User submits, posts, transmits or makes available through the Services, use of the Service, connection to the Service, violation of the Terms of Service, or violation of any other rights.
The Services, WebAsyst server, information and trademarks, including but not limited to the materials distributed or presented to the User, including the intellectual property rights, are the sole property of WebAsyst, and are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
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