Terms of Use
Welcome to Webneed.com’s Terms of Use! We are truly excited to have you aboard. Thank you for choosing to use our services. Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us and to make our services possible and more enjoyable for everyone. webneed offers a wide range of services and features and part of the terms below may not be relevant to the specific services you use. We understand that legal terms can be exhausting to read, and we’ve tried to make the experience more pleasant. If you have suggestions on how we can improve them, you are welcome to contact us.
Introduction
Our Purpose
Our services offer our Users (as defined below) the ability to easily create a beautiful and highly functional online presence, manage and promote businesses, content, and ideas, and have an overall great experience doing so – even without being tech-savvy or a design guru. As detailed below, we offer our users numerous tools and features for creating, publishing, and use of stunning websites, online e-commerce platforms, newsletters, galleries, media players, mobile apps, and other online and mobile applications, tools, and services. The online, and mobile websites, functionalities, and platforms created by Users are collectively referred to herein as “User Platform(s)”.
Legal Agreement
These Webneed.com Terms of Use (“Terms of Use”), together with such additional terms which specifically apply to some of our services and features as presented on the Webneed.com website(s) (“webneed Website”, and collectively – the “webneed Terms”), set forth the entire terms and conditions applicable to each visitor or user (“User” or “you”) of the webneed Website, the webneed mobile application (the “webneed App”) and/or any other services, applications and features offered by us with respect thereto, except where we explicitly state otherwise (all services offered through the webneed Website or the webneed App, collectively – the “webneed Services” or “Services”). For the avoidance of doubt, webneed Services (as defined in these Terms of Use) do not include services, applications, features, or components that were built, developed, connected or offered by a webneed User, even if presented on the webneed Website or the webneed App. The webneed Terms constitute a binding and enforceable legal contract between Edneed Technology Pvt. Ltd. and its affiliated companies and subsidiaries worldwide (“webneed”, “us” or “we”) and you in relation to the use of any webneed Services - so please read them carefully. You may visit and/or use the webneed Services and/or the webneed App only if you fully agree to the webneed Terms - and by using and/or registering to any of the webneed Services, you signify and affirm your informed consent to these Terms of Use and any other webneed Terms applicable to your use of any webneed Services. If you do not read, or fully understand or if you do not agree to the webneed Terms, you must immediately leave the webneed Website and avoid or discontinue all use of the webneed Services or webneed App By using our Services, you also acknowledge that you have read our Privacy Policy available at our Privacy Policy .
User Account
In order to access and use the webneed Services, you must first register and create an account with webneed (“User Account”). Creation of a User Account or purchase of Paid Services (as defined in Section 5 below), can be done either directly on the webneed Website or through an unrelated third-party authorized to sell webneed subscriptions to User Accounts and other Paid Services (a “Reseller”) under a separate agreement with webneed (a “Reseller Agreement”). If you register to webneed Services or purchase Paid Services via a Reseller (referred to herein as a “Reseller User”) please note the following: .
These Terms of Use are applicable in addition to any arrangement by and between you and the Reseller, and they govern your use of the webneed Services.
As between you and webneed, per your relationship with webneed and unless otherwise specifically indicated in these Terms of Use, these Terms of Use supersede any arrangement between you and the Reseller with regard to your use of the webneed Services and/or activities in your User Account (or the User Account to which you are added).
Certain services, applications, and features of the webneed Services may not be available to you or may only be available to you through the Reseller platform.
Access to Accounts; Roles and Permissions
You may invite others to your User Account and your User Platforms and assign them certain roles and permissions to perform certain activities within your User Account and User Platforms. A person granted permission to perform activities on a User Account that such person does not own is referred to herein as a “Contributor”. If anyone other than yourself (including Contributors) accesses your User Account and/or any of your User Platforms’ settings, they may also (and if done by a Contributors, depending on the roles and permissions you assign them), perform actions available to you (unless as specifically stated otherwise on the webneed Services), make changes to your User Platform(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name as the owner of the User Account, whether or not specifically authorized by you. Therefore, we strongly encourage you to (i) keep the log-in credentials of your User Account confidential, and (ii) allow access to your User Account, only to people you trust - as you will be solely and fully responsible for all activities that occur under your User Account and/or User Platforms (including for any representations, warranties, and undertakings made therein and including by any Contributor), and for any damages, expenses or losses that may result from such activities. You must provide accurate and complete information when registering your User Account and using webneed Services. We strongly encourage you to provide your own (or your company’s, as applicable) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us. If you are a Contributor, you are required to register and create a User Account of your own in order to access the User Account under which you are a Contributor. Therefore these Terms of Use apply to Contributors as well. If you are a Reseller User, then depending on the agreement between you and the Reseller, such Reseller may be the owner of the User Platform and you may be invited by the Reseller as a Contributor to such User Platform. If you are invited as a Contributor to a User Platform or if you are a Reseller User, you acknowledge that the owner of such User Platform and /or the Reseller (ii) shall have full access to any information (including personal information) that is stored by you or on your behalf on such User Platform; and (ii) shall have all the rights and functionalities awarded to a User Account owner, in connection with such User Platform. .
Account Ownership
For each User Platform, webneed will consider the owner of such User Platform to be the person or entity whose email address is listed in webneed’s records as the owner of the User Account under which the User Platform was created. In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such a determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without webneed having any liability to you or to any other party. We may request documentation (e.g., government-issued ID, a business license) that may assist us in determining ownership. If you created your User Account directly on the webneed Website (and not via a Reseller), we may consider the principles set forth below to determine ownership. If you are invited as a Contributor to a User Platform or if you are a Reseller User, you acknowledge that the owner of such User Platform and /or the Reseller (ii) shall have full access to any information (including personal information) that is stored by you or on your behalf on such User Platform; and (ii) shall have all the rights and functionalities awarded to a User Account owner, in connection with such User Platform.
webneed will consider the person or entity who has access to the e-mail address (listed in webneed’s records for a User Account under which such User Platform or User Content was created) as the owner of a User Account, User Platform, and/or User Content created and/or uploaded to the relevant webneed Service.
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If any Paid Services were purchased via a User Account, webneed may consider the owner of such User Account and/or the relevant User Platform and/or User Content created thereunder, as the person or entity whose billing details were used to purchase such Paid Services (“Billing Information”). Notwithstanding the foregoing, when applicable, if a User Platform was connected to an external domain name (either imported or purchased as part of certain Paid Services, as defined below), and such domain’s registration information is publicly available via the WHOIS database provided on the https://webneed.com/ website or on webneed’s database, webneed may consider the owner of such User Platform as the person or entity registered as the registrant of such domain thereunder. In the event that an individual and an organization are both registered as the registrant or the registrant organization of such a domain, webneed will consider the organization as the actual owner of the domain. In the event the Billing Information indicates one person as the owner of the User Platform and the domain registration indicates a different owner, webneed shall consider the person registered as the owner of the domain connected to the webneed Account as the owner of the User Platform.
Notwithstanding the foregoing, webneed shall have the right to determine the ownership of User Content and/or a User Website as it chooses, including by ignoring the indications set forth above, in the event webneed deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by the sole discretion of webneed. If you are a Reseller User the ownership of the respective User Account may be determined by webneed pursuant to the terms of the Reseller Agreement. All activities that occur under your user account or website are your responsibility. The account information you provide us must be your own (or your company’s), and be accurate and complete. When a user account is disputed, we may determine the ownership of such user account.
Your Obligations
You represent and warrant that:
you are at least of an age permitted under the law of your respective jurisdiction irrespective of the location, and possess the legal authority, right and freedom to enter into the webneed Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the webneed Terms;
your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us
you understand that webneed does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith; And specifically regarding your User Content:
you confirm you own all rights in and to any content uploaded, developed or provided by you, or imported, connected, copied or uploaded by webneed Services for you, to your User Platform (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, algorithms, SPIs, APIs, databases, illustrations, compositions, artworks, interfaces, usernames, information you provide for the purpose of creating a subdomain name, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access to, import, copy, use, connect, develop, publish, transfer or license such User Content, by you and us or any of our affiliates;
you have (and will maintain) the full power, title, licenses, consents and authority to allow webneed Services or webneed App to access any websites, web pages and/or other online services, for the purpose of importing, exporting, copying, displaying, uploading, publishing, transmitting and/or otherwise using your User Content.
the User Content is (and will continue to be) true, current, accurate, non-harmful, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, export, copy, possess, post, publish, transmit, display or otherwise use, in the country in which you or your User Platform’s visitors and users (“End Users”) reside, or for webneed and/or your End Users to access, import, export, copy, upload, publish, post, store, use or possess in connection with the webneed Services;
you have obtained all consents and permissions required under all applicable laws, regarding the processing, storing, collection, posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.
You agree and undertake not to:
copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the webneed Website, the webneed Services (or any part thereof), any Content offered by webneed or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without webneed’s prior written and specific consent and/or as expressly permitted under the webneed Terms;
submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of webneed or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;
phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable
upload, insert, collect or otherwise make available within the webneed Website or the webneed Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;
publish and/or make any use of the webneed Services or Licensed Content on any website, media, network or system other than those provided by webneed, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the webneed Services, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by webneed, in advance and in writing;
use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the webneed Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the webneed Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the webneed Services;
act in a manner which might be perceived as damaging to webneed’s reputation and goodwill or which may bring webneed into disrepute or harm;
purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use webneed or webneed Marks and/or variations and misspellings thereof;
impersonate any person or entity or provide false information on the webneed Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to webneed and/or any End Users;
falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that webneed or any third party endorses you, your User Platform, your business, your User Products, or any statement you make;
reverse look-up, trace, or seek to trace another User of webneed Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the webneed Services and/or User Platform without their express and informed consent
disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the webneed Services, User Platform, the account of another User(s), or any other systems or networks connected to the webneed Services, by hacking, password mining, or other illegitimate or prohibited means;
probe, scan, or test the vulnerability of the webneed Services or any network connected to the webneed Services;
upload to the webneed Services and/or User Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the webneed Services or webneed’s systems or networks connected to the webneed Services, or otherwise interfere with or disrupt the operation of any of the webneed Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
use any of the webneed Services and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
utilize any of the webneed Services or webneed Systems for storage and/or video streaming purposes (whether for main streaming purposes or not). For example, creating and operating websites whose purpose is video streaming or main purpose is file storage. Including indirect utilization, through integration or connection with third-party platforms or services;
access to webneed Services, User Accounts, Licensed Content and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.
sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or webneed Services, except as expressly permitted by the webneed Terms;
remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the webneed Services and/or Licensed Content; or
violate, attempt to violate, or otherwise fail to comply with any of the webneed Terms or any laws or requirements applicable to your use of the webneed Services.
access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.
No User shall be permitted to perform any of the following prohibited activities while availing our Services:
- Making available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Stalking, intimidating and/or harassing another and/or inciting other to commit violence;
- Transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
- Interfering with any other person's use or enjoyment of the Application/Website/Services;
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else;
- Make available any content or material that You do not have a right to make available under any law or contractual or fiduciary relationship, unless You own or control the rights thereto or have received all necessary consents for such use of the content;
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Application/services, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent;
- Access or use the Application/Website/Services/products in any manner that could damage, disable, overburden or impair any of the Application's/Website's servers or the networks connected to any of the servers on which the Application/Website is hosted;
- Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the SAAS Application/Website/Services/products, violate any requirements, procedures, policies or regulations of networks connected to the SaaS Application/Website/Services/products, or engage in any activity prohibited by these Terms;
- Disrupt or interfere with the security of, or otherwise cause harm to, the SaaS Application/Website/Services/products, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the SaaS Application/Website/Services/products or any affiliated or linked sites;
- Interfere with, or inhibit any user from using and enjoying access to the SaaS Application/Website/ Services/products, or other affiliated sites, or engage in disruptive attacks such as denial of service attack on the SaaS Application/Website/Services/products;
- Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the SaaS Application/Website/Services/products, to access, acquire, copy or monitor any portion of the Application /Website/Services/products, or in any way reproduce or circumvent the navigational structure or presentation of the Application, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Application/ Website/Services/products;
- Alter or modify any part of the Services;
- Use the Services for purposes that are not permitted by: (i) these Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction; or
- Violate any of the terms specified under the Terms for the use of the Application /Website/Services/products.
Content and Ownership Services.
Your Intellectual Property
As between webneed and you, you shall own all intellectual property pertaining to your User Content and to any other materials created, developed, or connected to webneed Services by you, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, algorithms, SPIs, APIs, databases, interfaces, text and literary works. webneed does not claim ownership rights on your User Content or the content you connected to the webneed Services. You know and agree that in order to provide the Services to you and to maintain and improve the Services (the “Purpose”) we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDN’s, to make display adjustments, to train our software tools, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit. You hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to use your User Content for the Purpose.
webneed’s Intellectual Property
All rights, title and interest in and to the webneed Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the webneed Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to webneed. Subject to your full compliance with the webneed Terms and timely payment of all applicable Fees, webneed hereby grants you, upon creating your User Account and for as long as webneed wishes to provide you with the webneed Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the webneed Services and Licensed Content, for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the webneed Terms, and solely within the webneed Services. The webneed Terms do not convey any right or interest in or to webneed’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the webneed Terms constitutes an assignment or waiver of webneed’s Intellectual Property rights under any law. In addition to the above, certain fonts made available to you within the webneed Services, are licensed to webneed by a third party provider, and are therefore subject to additional license terms of such provider, which are summarized and available for your review at https://www.webneed.com/ .
Feedback and Suggestions
If you provide us with any suggestions, comments or other feedback relating to the webneed Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by webneed. By providing such Feedback to webneed, you acknowledge and agree that it may be used by webneed in order to: (i) further develop, customize and improve of the webneed Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized webneed -related notices and/or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) to create aggregated statistical data and other aggregated and/or inferred information, which webneed may use to provide and improve its services, (vi) to enhance webneed data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to webneed any right, title and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.
Privacy
Certain parts of the webneed Services (including certain Third Party Services available therein, as further explained in Section 8 below) require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the webneed Services, webneed and such Third Party Services may collect, access and use certain data pertaining to Users and End Users, including the activities or navigation undertaken by Users and End Users through the webneed Services and/or User Platforms. We encourage you to read our Privacy Policy and each such Third Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices.
Service Fees
Paid Services
The use of certain webneed Services may be subject to payment of particular fees, as determined by webneed in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Important: if you are a Reseller User and your payment is made to the Reseller, then the provisions of subsections 5.1 (1), 5.1(4), 5.2, 5.3 (2), 5.4 (1) and 5.5 of this Section 5 with respect to such specific Paid Service may not apply to you and the payment and management of such Paid Service, shall be made directly with the Reseller according to the terms agreed upon between you and the Reseller.
webneed will notify you of the Fees then in effect, you need to pay directly to webneed in relation to the Paid Services you decide to purchase from webneed. If you wish to receive or use the Paid Services, you are required to pay all applicable Fees in advance
webneed reserves the right to change its Fees at any time in its sole discretion. webneed will send a notice regarding the change to you or your Reseller if such a change will affect your existing subscriptions
If you received a discount or other promotional offer, either from webneed or from a Reseller, webneed or the Reseller, respectively, shall have the right at the end of the applicable discounted period, to, automatically and without notice, renew your subscription to such webneed Service(s) at the full then-current applicable Fee.
All Fees paid directly to webneed shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by webneed. To the extent permitted by law (and unless specified otherwise by webneed in writing), all Fees are exclusive of all taxes (including value-added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the webneed Services, or to any payments or purchases made by you. If webneed is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees, or fees due to banks or credit card companies). webneed is not responsible for any such additional fees or costs.
If you purchase Paid Services directly from webneed, then as part of registering or submitting information to receive Paid Services, you also authorize webneed (either directly or through its affiliates, subsidiaries other third parties) to request and collect payment and service fees (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries webneed or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).
You must keep a credit card stored with webneed to pay for your Paid Services (“Stored Card”) that are purchased directly from webneed. You will be able to identify your Stored Card by its last four digits on your Account Settings Page.
Invoices
If you are a Reseller User and you pay the Reseller and not directly to webneed, the following Section 5.2 does not apply to you. webneed and/or its affiliated companies will issue an invoice or credit memo for any payment of Fees or refund made to or by webneed (“Invoice”). Each Invoice will be issued in electronic form and based on the country stated in your billing address and will be made available to you via your User Account and/or by e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. Please note that the Invoice presented in your User Account may be inadequate with your local law requirements, and in such case may be used for pro forma purposes only.
Subscription Auto-Renewals
In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default, according to which, unless you turn off the auto-renewal option is turned off by you or your Reseller, such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, (by webneed or your Reseller), at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period) (“Renewing Paid Services”). For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month.
Accordingly, where applicable and as for Fees paid directly to webneed, webneed will attempt to automatically charge you the applicable Fees using the Stored Card, within up to two (2) weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect at a later time, and/or suspend or cancel your User Account, without further notice. If your Renewing Paid Service is subject to a yearly or multiple-year subscription period, webneed will endeavor to provide you a notice prior to the renewal of such Paid Service at least thirty (30) days in advance of the renewal date.
By entering into these Terms of Use and by purchasing a Renewing Paid Service, you acknowledge and agree that the Renewing Paid Service shall automatically renew in accordance with the above terms.
You (or the Reseller from which you purchase the Paid Services) may turn off the auto-renewal option for Renewing Paid Services at any time via your User Account or by visiting webneed Help Center.
Certain domains are subject to a different renewal policy as detailed at https://india.resellerclub.com/ Domain Name Registration Agreement and Tucows Reseller Domain Name Registration Agreement, as applicable.
Notwithstanding anything to the contrary in the foregoing, you are, and shall be, solely responsible to verify and ensure the successful renewal of the webneed Services you use (whether or not such webneed Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any webneed Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any webneed Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against webneed in relation to the discontinuation of any webneed Services or Third Party Services, for whatever reason.
Money-Back Guarantee
If you are not happy with your initial purchase of any plan from webneed, you may provide notice of cancellation for any reason within 24 hours of having first ordered or activated such Plan (the “Refund” and “Refund Period”). The Refund is applicable only to the initial purchase of a Plan which is an upgrade of a free website. The Refund is not applicable to any additional purchases, upgrades, modifications or renewals of webneed Services. If you reside in a jurisdiction that requires a longer Refund Period, we will accommodate such requirements in accordance with all applicable laws. If webneed receives such notice within the Refund Period, webneed will refund to you the amount webneed charged you for such webneed Services, in the currency you were originally charged in, and cancel the services accordingly. Please note that the Refund amount may be different than the amount you were charged due to currency changes and third-party fees. webneed will not be responsible for any differences caused by a change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you will be non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given by a User in bad faith or in an illegitimate attempt to avoid payment for services actually received, we reserve our right to still charge the User for any webneed Services actually received, as permitted by the applicable law.
Please note: Certain services purchased on or through the webneed Services may be non-refundable altogether. These include Third Party Services such as domains, business tools and applications. The terms of each purchased service or application are indicated on the webneed Website and/or as part of or during the process of purchasing such services or applications. It is your responsibility to verify the ability to cancel a service prior to its purchase. webneed will not refund any amounts paid for non-refundable Paid Services, applications or Third Party Services.
Chargebacks
If at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees due directly to webneed, on your webneed account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the webneed Services may be automatically disabled or terminated. In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications and Third Party Services may be subject to cancellation and Capacity Loss (as defined in Section 6.3 below). Your use of the webneed Services will not resume until you re-subscribe for any such webneed Services, and pay any applicable Fees in full, including any fees and expenses incurred by webneed and/or any Third Party Services for each Chargeback received (including Fees for webneed Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor). If you have any questions or concerns regarding a payment made by you to webneed, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the webneed Services from being canceled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the webneed Services purchased (and charged-back) by you. We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and received or made use of the services rendered thereafter
Cancellation.
Cancellation by User
You may discontinue to use and request to cancel your User Account and/or any webneed Services at any time, in accordance with the instructions available on the webneed Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the webneed Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period. Notwithstanding the aforesaid, any Paid Service (including Renewing Paid Services) purchased from a Reseller are subject to such cancellation terms as agreed between you and your Reseller. Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Renewing Paid Services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge, the cancellation request should be made - if purchased directly from webneed, at least fourteen (14) days prior to the expiration of the then-current service period, and if purchased and paid for to, a Reseller - pursuant to the provisions of your agreement with the Reseller. For information about canceling Paid Services you purchased from a Reseller, please contact your Reseller.
Cancellation by webneed
Failure to comply with any of the webneed Terms and/or to pay any due Fee shall entitle webneed, among other things, to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related webneed Services (e.g., Paid Services) or Third Party Services to you. If you open a User Account via a Reseller or purchase Paid Services from a Reseller, then webneed is entitled to suspend, terminate or block access to your User Account and User Platform (or certain features thereof) as well as to the provisioning of any related webneed Services or Third Party Services to you, also if: (a) webneed is requested to do so by your Reseller; or if (b) Reseller fails to pay webneed any amounts due to webneed pursuant to the Reseller Agreement. You consent to these suspension and termination rights and acknowledge and agree that webneed shall have no liability to you of any kind with respect to any such suspension or termination. Your sole recourse with respect to any such suspension or termination shall be against the Reseller.
Loss of Data, Content and Capacity
If your User Account or any webneed Services or Third Party Services related to your User Account are canceled (whether at your request or at webneed’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). webneed shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any webneed Services following their cancellation, as determined by webneed in its sole discretion. Following the termination of your User Account or User Platform, webneed reserves the right to delete all data in the normal course of operation. Data cannot be recovered once your User Account or User Platform is terminated
E-Commerce
General
The webneed Services also include certain features which enable you to sell goods, content, media, event tickets and services through your User Platform (“User Products”, and collectively with webneed Services – “E-Commerce”). You are solely responsible for your User Products and E-Commerce related activities, and any promotions and related Content contained or referred to in your User Platform, and compliance with any laws applicable thereto. We are merely providing the platform for you to manage your online E-Commerce activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your User Products. When someone purchases your User Products, the payments for such transactions will be processed through webneed Payments or through a third-party payment service provider (“Payment Provider(s)”).
Events
Depending on your plan, webneed may charge you service fees for event tickets sold through your site. You hereby agree to pay such fees, as required by webneed, and authorize webneed to instruct its payment processing partners or your Payment Provider, as applicable, to deduct such fees from your relevant transactions, or to otherwise collect such fees.
E-Commerce Acknowledgments and Warranties
By using any of our E-Commerce features, you acknowledge, warrant and agree that:
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you are solely and fully responsible for all Taxes and fees of any nature associated with your E-Commerce activities, including any Taxes related to the purchase or sale of the User Products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your End Users of such and provide them with a duly issued invoice as required by law;
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any Taxes indicated by the E-Commerce features provided to you by webneed are solely provided for illustration purposes only, and may not be relied on in any way;
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you are responsible for and bear all costs of procuring and delivering your User Products, and for providing them in a safe and professional manner, consistent with industry standards;
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you are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding the User Products, and shall provide true contact information on your User Platform for any questions, complaints or claims; and
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you may not offer or sell any User Products, or provide any information, Content or material regarding User Products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export; and –
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webneed may, at any time and at its sole discretion, suspend, disable access to or remove your User Platform and/or any User Products - whether or not incorporated, published with or made a part of your User Platform at such time, without any liability to you or to any End Users, including for any Capacity Loss resulted therefrom.
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Third Party Services
The webneed Services enable you to engage, connect, further develop and procure certain third-party services, products and tools for enhancing your User Platform and your overall user experience, including, without limitation, domain registrars from which you may purchase a domain name for your User Website, third party applications and widgets offered via the webneed Website (including the webneed App Market), third party Licensed Content, media distribution services, E-Commerce Payment Providers, sellers of tangible products, third party designers who may assist you with your User Platform, external databases, code packages, etc. (collectively, “Third-party Services”). You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled or integrated within certain webneed Services, offered separately by webneed or persons certified or authorized by webneed, connected independently by you or otherwise offered anywhere on the webneed Services), webneed merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. webneed will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third-party Services. You acknowledge that such services may require the payment of additional amounts to webneed and/or to the providers of such Third-Party Services. Any and all use of such Third-party Services shall be done solely at your own risk and responsibility and may be subject to such legal and financial terms which govern such Third Party Services, which you are encouraged to review before engaging with them. If you use third-party services, tools, code, algorithms, databases, products, software or goods while using our Services, you declare that you act in compliance with their terms of use. For example, if you use YouTube while using the Services, you must comply with the applicable YouTube terms and its privacy policy as in the effective version as of the date of use of such services. While we hope to avoid such instances, webneed may, at any time and at its sole discretion, suspend, disable access to or remove from your User Account, User Platform(s) and/or the webneed Services, any Third Party Services – whether or not incorporated with or made part of your User Account and/or User Platform(s) at such time – without any liability to you or to any End Users.
Misconduct and Copyrights
Misconduct and Abuse
When using webneed Services, you may be exposed to User Platforms, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against webneed with respect thereto. If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the webneed Services, please immediately report such User and/or Third Party Service to us. You agree that your report shall not impose any responsibility or liability upon webneed, and that webneed may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.
Copyrights
webneed acts in accordance with its interpretation of the Copyright Act,1957. If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement, or otherwise provide the following information in writing to our designated Copyright Agent: (1) the contact details of the person authorized to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit webneed to locate the material (including URL address); (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. E-mail: support@Webneed.com In the event that webneed receives notice regarding a copyright infringement related to your User Platform or User Website, it may cancel your User Account, take your User Platform down or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may file a proper counter-notice in accordance with respective law, in which you must include: (1) your full name, address, phone number and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) your consent to an appropriate judicial body; and (5) any other information required under the relevant provisions. webneed reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.
Disclaimer of Warranties.
We provide the webneed Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the webneed Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the webneed Services – so please be sure to verify those before using or otherwise engaging them. webneed may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice. Notwithstanding anything to the contrary in the foregoing, in no circumstances may webneed be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the webneed Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, webneed shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter. You acknowledge that there are risks in using the webneed Services and/or connecting and/or dealing with any Third Party Services through or in connection with webneed Services, and that webneed cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims. webneed does not recommend the use of the webneed Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content. Please note that certain webneed Services are currently offered in their BETA version, and undergoing BETA testing. In addition to the aforesaid, you understand and agree that certain webneed Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the webneed Services at this BETA stage signifies your agreement to the above and to participate in such webneed Services’ BETA
Limitation of Liability
To the fullest extent permitted by law in each applicable jurisdiction, webneed, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the webneed Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the webneed Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the webneed Services; (6) events beyond the reasonable control of webneed, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of webneed Services. You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for webneed’s services to you, and such limitations will apply even if webneed has been advised of the possibility of such liabilities.
Indemnity
You agree to defend, indemnify and hold harmless webneed, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms of Use or any other webneed Terms; (2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the webneed Services, including, without limitation, webneed Services’ actions for your benefit; and/or (3) any other type of claim that your User Platform and/or User Content caused damage to a third party.
General
Changes & Updates
webneed reserves the right to change, suspend or terminate any of the webneed Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the webneed Services (including removal of any materials created by you in connection with the webneed Services) for any reason and/or change any of the webneed Terms with or without prior notice - at any time and in any manner. You agree that webneed will not be liable to you or to any third party for any modification, suspension or discontinuance of those webneed Services (or materials, content or services created, developed or connected by you in connection with the webneed Services). If any such changes involve the payment of additional or higher Fees, we will provide you with a notice regarding such additional or higher Fees prior to enabling such specific changes. If you fail or refuse to pay such additional or higher Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current webneed Services without enabling such changes, or provide you with alternative Services.
Governing Law & Jurisdiction; Class Action Waiver
You expressly acknowledge and agree that webneed shall have the right to enforce these Terms of Use against you. The webneed Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the webneed Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the webneed Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of India. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Delhi,India. Subject to any applicable law, all disputes between you and webneed shall only be resolved on an individual basis and you shall not have the right to bring any claim against webneed as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
Notices
We may provide you with notices in any of the following methods: (1) via the webneed Services, including by a banner or pop-up within the webneed Website, User Account, or elsewhere; (2) by an e-mail, sent to the e-mail address you provided us; (3) if you are a Reseller User then via your Reseller; and/or (4) through any other means, including any phone number or physical address you provided us. webneed’s notice to you or to your Reseller will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods unless otherwise indicated in the notice.
Relationship
The webneed Terms, and your use of the webneed Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between webneed and you.
Entire Agreement
These Terms of Use, together with the webneed Terms and any other legal or fee notices provided to you by webneed, shall constitute the entire agreement between you and webneed concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between webneed and you, including those made by or between any of our respective representatives, with respect to any of the webneed Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of webneed in entering into any of the webneed Terms.
Assignment
webneed may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the webneed Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of webneed. Any attempted or actual assignment thereof without webneed’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section 15.6 shall not in itself grant either webneed or you the right to cancel any webneed Services or Third Party Services then in effect
If you are a Reseller User, then your subscription with the Reseller with respect to your User Account or User Platform (or any part thereof) may be assigned to webneed. You agree that if your subscription (or any part thereof) to a webneed User Account or User Platform with the Reseller is assigned to webneed, your continued rights to access and use your User Account and User Platform will be subject to these Terms of Use, in their entirety (as may be amended from time to time) and you consent to the full application of these Terms of Use, including without limitation, the billing and payment provisions contained herein. You agree that following any such assignment, you shall, upon request by webneed, provide such information as is required to secure payment for any Paid Services commencing after such assignment.
Severability & Waivers
If any provision of the webneed Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the webneed Terms shall be deemed to be a waiver of any preceding or subsequent breach or default