These Terms and Conditions ("Agreement") constitute an agreement between Websiteserver.cloud ("we", "us", or "our") and the reseller ("you" or "your"). By using our white label website builder service, you agree to comply with these terms and our policies, including our Privacy Policy. This Agreement is effective as of the date you first access or use our services.
"Services": The white label website builder services provided by Websiteserver.cloud.
"Platform": The software and technology used to provide the Services.
"Content": Any data, information, or material provided or uploaded by you or your clients through the Platform.
Websiteserver.cloud provides various website solutions and products, including but not limited to the following, each included as part of the Services that we offer:
Platform Services: The software that allows you and your clients to build and maintain websites.
Website Builder: The primary tool for creating and managing websites.
API: Application programming interface for the Website Builder.
Core Services: The ability to build and maintain multiple sites assigned to your account for you and your clients.
Sites: Websites created and managed through the Platform.
Add-On Services: Additional functionalities to enhance your website experience.
Ecommerce functionality: An online business model provided by Websiteserver.cloud to allow your clients to add and sell products and services to their website visitors.
Site Comments: A collaboration tool that allows users to provide feedback on a site through comments.
Additional Terms: We may, from time to time, add new and additional add-on services. You acknowledge and agree that by engaging a new add-on service, you agree to any additional terms that may apply. We are under no obligation to inform resellers of such.
You may use the Services for your personal use or internal business use in the organization that you represent, so long as you are in compliance with all provisions of this Agreement. It is your obligation to ensure that you fully comply with all applicable laws, regulations, and directives with regard to the use of the Platform and the Services.
We provide you and your clients, in accordance with their specific subscription plans, the functionality to automatically save versions of their sites. The generation of these automatic site versions is determined by various actions within website builder as deemed necessary by Websiteserver.cloud. These automatic versions are stored for a period of up to 180 days, while there are no time limit for versions saved manually by you and your clients. All saved versions count toward your clients' storage limit based on their specific subscription plan. We reserve the right to modify or discontinue this service at its discretion. By utilizing the automatic versioning service, you and your clients affirm their acceptance of these terms.
Our Services are evolving, and we may require that you accept updates to the Platform or Services as well as the Terms, Privacy Policy, and other policies. We may also require you to update your software to continue using the Platform or Services.
We reserve the right to stop offering and/or supporting all or part of the Platform or the Services at any time, either permanently or temporarily. If this happens, unless applicable law requires otherwise, we are not required to provide refunds, benefits, or other compensation in connection with discontinued elements of the Platform or Services.
We may, in our sole discretion, limit, suspend, terminate, modify, or delete your account, your sites, any of your clients' sites, access to the Services or any portion of them; prohibit access to our Services and Platform, and our content, services, and tools; or delay or remove hosted content. We are under no obligation to compensate you for any losses or results.
To use our services, you must register an account, providing accurate and complete information. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
You must notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to comply with this security obligation.
We grant you a limited, non-exclusive, non-transferable license to use our Platform for the duration of your subscription. This license is subject to compliance with these Terms and Conditions.
You may not:
Reverse engineer, decompile, or disassemble the Platform.
Use the Platform to develop a competing service.
Resell, distribute, or sublicense the Platform to any third party without our written consent.
You and, if applicable, your clients, will not have any rights to the Platform or Websiteserver.cloud content except for the license set forth herein. You acknowledge, and if applicable, will cause your clients to acknowledge that no license or other right of any kind is granted to you or your clients except as expressly provided in these Terms, and that all rights not specifically licensed under these Terms are reserved to Websiteserver.cloud.
You retain ownership of the content you create using our Platform. By accessing the Platform or using a Service, you grant us a worldwide, royalty-free, transferable, sublicensable, and non-exclusive license to use, reproduce, modify, adapt, and publish your content for the purposes set forth in this Agreement. This includes, but is not limited to, displaying, distributing, and promoting your sites, sharing or promoting Websiteserver.cloud or a Service, and storing it on our servers. You grant us the right to use, retain, and disclose your content to develop, provide, and improve Websiteserver.cloud's and its affiliates' offerings. Where necessary, you will ensure that your clients grant you sufficient rights to grant us this license. This license exists only for as long as you continue to be our client and shall be terminated only upon receiving written notice from you, provided that the rights granted for development and improvement will survive indefinitely.
Content must not be illegal, harmful, or violate any third-party rights. We reserve the right to remove any content that violates these standards.
Your use of our services is subject to our Privacy Policy, which outlines how we collect, use, and protect your personal information. You agree to comply with all applicable data protection laws.
Use of Websiteserver.cloud's Services does not ensure your compliance with applicable Data Protection Laws, nor are we responsible for your compliance with such laws. You are solely responsible for providing any required notices and obtaining all required consents from your clients and/or site visitors in connection with the Services. These notices and consents may include, but are not limited to, notifications under applicable breach notification statutes, accurate notice of the personal data you collect and how it will be shared, and a privacy policy that complies with all applicable laws.
You acknowledge that Websiteserver.cloud shall not be responsible or liable to you, your clients, or end users for any of your or your clients' breaches of applicable law.
We are entitled to use personal data for statistical and financial purposes, provided personal attributes are removed or the data is maintained on an aggregated basis. We implement appropriate technical and organizational measures to ensure a level of security of personal data appropriate to the risk.
We will only retain personal data for as long as services are provided to you in accordance with this Agreement or as otherwise permissible under applicable laws. Following expiration or termination of the Agreement, we will delete all personal data in our possession, except to the extent we are required by applicable law to retain some or all of the personal data. In such cases, we will implement reasonable measures to prevent the personal data from any further processing.
In addition to the above privacy principles and these Terms, your and your clients' use of the Platform and the Services is also subject to our Privacy Policy, which informs you of our policies and procedures regarding the collection, use, and disclosure of information we receive when you visit our Platform and use any part of our Services. By using or accessing the Services, you consent and will cause your clients to consent to the collection and use of information, including personal data, as described herein and in our Privacy Policy, as may be amended by us from time to time.
You agree to pay the subscription fees for the services you select. All fees are non-refundable, except as required by law. Payment terms, including due dates and methods, will be specified at the time of subscription.
By using the Services, you agree to pay all associated set-up and subscription fees that you agree to upon sign-up with the credit card you are authorized to use and enter upon sign-up, which you authorize us to charge for the subscription fees. You must have an authorized card on file at all times to access the Services. Failure to maintain an authorized card may result in termination of your account. Your authorized card will be charged per the payment processor terms each month, and each month thereafter until termination. If you upgrade or purchase services in the middle of the month, you may be charged a prorated fee.
If, for any reason, we are unable to process any charge or payment, you agree that you are responsible for providing an alternate form of payment or payment arrangement and you are responsible for any resulting processing fees and/or late fees that may be incurred. You understand and agree that we will charge all Services Fees that are due or past due (including from previous billing periods) and all expenses that are due or past due (including from previous billing periods and including any expenses related to the failure of your original payment method) and all late fees incurred to the alternate payment method. You expressly authorize these charges.
You are and shall be fully responsible for the payment of any taxes that apply to your use of the Services.
The Services, including without limitation payment processing, may be handled directly by us or by online third parties. Where a third party handles a payment, the payment is subject to the terms of use and privacy policy of such third party (including among others payment methods, tax liability, collection and use of your Personal Data, and support levels). We recommend that you review the terms of use and privacy policy of such third parties before submitting any Personal Data and using such third parties' services.
All subscription services and their billing terms may be prorated and adjusted to expire on the last day of a month. To cancel your service, contact our Customer Service team at any time in writing via our Contact Us form https://www.websiteserver.cloud/contact-us/. The actual end date of your subscription will be the last day of the following month after your cancellation request.
In the absence of a cancellation request, your services will be automatically renewed for a successive term at the regular renewal rate upon expiry. Failure to cancel your service before the renewal date will result in charges for the renewed term.
Late payments may result in suspension or termination of your account. You are responsible for all charges incurred, including any applicable taxes.
Either party may terminate this agreement at any time by providing written notice through our Contact Us form https://www.websiteserver.cloud/contact-us/. The actual end date of your subscription will be the last day of the following month after your cancellation request. Upon termination, your access to the services will be revoked, and any outstanding fees will become immediately due.
We may terminate your account immediately if you violate any terms of this Agreement.
All intellectual property rights in the Websiteserver.cloud Platform and services are owned by us. You agree not to reproduce, distribute, or create derivative works from our content without our express written permission.
You are solely responsible for the content you create and manage using our services. You agree not to use our services for any unlawful or prohibited activities, including the distribution of harmful or infringing content.
The Services are provided on an "as is" and "as available" basis, and the use of the Services is at your own risk. WebsiteServer.cloud makes no representations or warranties, either expressed or implied, with respect to the Services or any services or information provided through the Services. WebsiteServer.cloud is not responsible for any damages, injury, or economic loss arising from the use of the content or Services provided by WebsiteServer.cloud.
In no event will WebsiteServer.cloud be liable to you for any direct, indirect, incidental, or consequential damages or economic loss arising out of the Services or in connection with your website or any other services or products provided to you.
WebsiteServer.cloud, its officers, directors, owners, agents, and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the Services or your website.
In no event shall WebsiteServer.cloud be held liable for any damages or economic loss whatsoever as a result of notifying any official of potentially illegal content on your website, or for providing copies of your data files to the appropriate authorities, or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
We may amend these Terms and Conditions from time to time. We will notify you of any changes, and your continued use of the services constitutes acceptance of the amended terms.
The rights and obligations of the parties pursuant to this Agreement are governed by, and shall be construed in accordance with, the laws of the province of British Columbia and the federal laws of Canada.
You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Province of British Columbia for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.
You agree to indemnify and hold us harmless from any claims, damages, or expenses arising out of your use of our services, your violation of these terms, or your infringement of any intellectual property or other rights.
This Agreement constitutes the entire agreement between you and Websiteserver.cloud regarding the use of our services.
If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect.
Failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights.
You may not assign your rights or obligations under this Agreement without our prior written consent.
Websiteserver.cloud will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay service provisioning.
If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.
Websiteserver.cloud does not accept agreements and payments from persons under the legal age of 18 years. By submitting your account application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.
This Agreement, as may be updated from time to time and posted at https://www.websiteserver.cloud/terms-and-conditions/, represents the complete agreement and understanding between us with respect to the Service and supersedes any other written or oral agreement.