Webity terms of services

Please read the following license agreement

1. Description of service and provider
The Provider of Webity.eu Site Builder hosts interactive web sites ("Site") on the World Wide Web and provides Site Owners with access to its Web Site Building Software ("Software", “Service”) to facilitate the creation and maintenance of Websites for the sale of goods and display of information, especially for companies.

Provider and Author of FLOX CMS
Provider of the service is IRISOFT, Ltd., company ID: 36332275.
Company is registered in business register of District court in Trencin, section Sro, register No.: 14274/R
The Author of the FLOX CMS (IRISOFT Ltd., ) owns all intellectual property rights, including goodwill, in the FLOX CMS, modifications, associated documentation, source code, as well as FLOX CMS and IRISOFT Ltd., marks

In the case of any liability breach and any infringement of copyright law, Site Owner is obliged to provide a cover of immaterial injury in money to Provider, while right to compensate the loss and to surrender unjustified enrichment remains untouched.

2. Confidential Information
By virtue of this Agreement, the parties may have access to information that is confidential to one another ("Confidential Information").
The parties agree to hold each other's Confidential Information in confidence during the term of this Agreement. Confidential information can be used in mutual communication, in order to implement ordered services.

The parties agree, not to make each other's Confidential Information available in any form to any third party, with the exception that a party may disclose Confidential Information if required by any judicial or governmental request, requirement or order; provided, that the party will promptly notify the disclosing party of such request and cooperate with the disclosing party in its efforts to contest such request, requirement or order or to obtain confidential treatment of such Confidential Information.

3. Registration
In order to use the Service, you must first complete the registration form and/or create a user name and password. During registration you are required to give contact information (such as name and email address). We use this information to contact you about the services on our site in which you have expressed interest.

Provider notifies the Site Owner about the registration process through e-mail.

Provider notifies the Site Owner throuhg e-mail about:
successfull registration,

• the end of 10 day free trial,
• informs about payments for the Service,
• sends proforma invoice, invoice, bids to pay for the Service,
• informs about deleted websites, if the Site Owner cancells the trial, or don´t pay for the Service
• provider also informs the Site Owners about his offers and news concerning the service.

4. References
On every website generated by Webity Service is a short text linked to the Webity homepage and to the homepage of Irisoft Ltd. This text can be removed when the Site Owner buys the additional service: „Delete the Webity link from the footer of the website”. This service can be ordered through contact form.
Provider can use the hyperlink to Site Owner´s website in order to promote the Service, e.g. on the Webity homepage, in the newspaper, or any other advertising communication. Irisoft Ltd. may issue a press release stating that Site Owner is a user of Irisoft Ltd products (ref).


5. Site Owner's Obligations
Site Owner acknowledges and agrees that he shall be responsible for all goods and services offered at Site Owners Site, all materials used or displayed at the Site, and all acts or omissions that occur at the Site or in connection with Site Owner's account or password. Certain Sites may be subject to additional requirements.

Site Owner understands, that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not Irisoft Ltd., are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service.

Site Owner agrees to be responsible for maintaining backup copies of their own site contents. The Service Provider will not be held liable for maintaining backups of said materials.
Site Owner's contact information on the website should include: Site Owner's company name, address, telephone number, fax number and e-mail address. Site Owner also agrees to update such information to keep it true, accurate, current and complete.

Site Owner represents and warrants that it has full power and authority under all relevant laws and regulations:

• to offer and sell the goods and services offered at the Site, including but not limited to holding all necessary licenses from all necessary jurisdictions to engage in the advertising and sale of the goods or services offered at the Site;
• to copy and display the materials used or displayed at the Site; and,
• to provide for credit card payment and delivery of goods or services as specified at the Site.
  

Site Owner represents and warrants that it will not engage in any activities:

• that constitute or encourage a violation of any applicable law or regulation, including but not limited to the sale of illegal goods or the violation of export control or obscenity laws;

Websites with content unsuitable for people under 18 (erotic websites etc.) can be placed only on Pages locked by password, Pages visible for logged users and on pages requiring approved registration of the person.

Site owner agrees not to:
(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including Irisoft Ltd. officials, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
(g) upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (a) sending mass email to recipients who haven't requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;
(h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) Misuse the Service intentionally, interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
(j) intentionally or unintentionally violate any applicable local, state, national or international law, any rules of any national or other securities exchange, and any regulations having the force of law;

Resale of the Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by Irisoft Ltd..


6. Payment terms
Site Owner shall pay a monthly fee as set forth in the Webity.eu pricelist available at http://www.webity.eu
All such fees are payable in EUR to Irisoft Ltd.
The Service Provider may also, upon 30 days prior notice to Site Owner, alter its fee schedules and Terms of the Services.

Penalties for re-acivation of the Site Owner´s website and late payment of the fees follow the pricelist available at http://www.webity.eu

Upgrades
You will have the ability to upgrade the Service at any time during the term. Such upgrade will take effect immediately. For any upgrade in package level, the invoice will be sent to you to charge a pro-rata amount for the higher level Service.


7. Penalties for late payment of the invoice

• 15 days after payment due date: deactivation of the website, restricted access to the system
• 28 days after payment due date:deactivation of the internet domain name and all information contained therein may be deleted by Service Provider.
  

8. Termination of the Service
The Service Provider reserves the right to refuse to host or continue to host any Site which it believes, in its sole discretion:

• intentionally or unintentionally violate any applicable local, state, national or international law
• has become the subject of a government complaint or investigation;
• content of the website harms the goodwill of Provider
• offers for sale goods or services, or uses or displays materials, that are illegal, obscene, vulgar, offensive, dangerous, or are otherwise inappropriate;
• has substantially changed its Site from the time it was accepted;
• received a significant number of complaints for failing to be reasonably accessible to customers or timely fulfill customer orders;
• wrong e-mail address and fake name was given by registration process
• site Owner violates the Terms of the service
  

9. Disclaimer of warranties
You acknowledge that Irisoft Ltd. may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time, or modify terms of services. Irisoft Ltd. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings

You understand and agree, that:

Irisoft Ltd. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Irisoft Ltd. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Irisoft Ltd. will make reasonable efforts to maintain the service, however, Irisoft Ltd. is not responsible for any loss of data, damage, customer information, or vendor data, revenue, or other harm to business arising out of delays, misdelivery or nondelivery of information, restriction or loss of access, bugs or other errors, unauthorised use due to your sharing of access to the Service, or other interaction with the service.

Irisoft Ltd. does not warrant that:

• the service will meet your specific requirements
• the service will be uninterrupted, timely, secure, or error-free
• the results that may be obtained from the use of the Service will be accurate or reliable
• any errors in the software will be corrected
  

Irisoft Ltd. does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content created by Site Owners.

10. Governing Law.
This Agreement shall be governed by the laws of Slovak Republic.

11. International use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.