Terms Of Service

Thanks for choosing FreeWebsite.com! We strive to offer you the best experience with your website. Below you'll find our Terms of Service..sorry in advance for all the boring legal mumbo jumbo, but our General Counsel made us do it!

General Use and Acceptance

Please read these Terms of Service carefully. By accessing or using the Web site and/ or Services, you agree to be bound by all the terms and conditions set forth, and incorporated by reference. If you do not agree to these Terms of Service, your only recourse is to not participate in use of this web site.

This is an agreement between You (“You”, “Your”) and FreeWebsite.com (“Us”, “We”) governing your use of FreeWebsite.com Services (“Services”). Agreeing to these terms warrants and represents that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of Your information; (c) You are 18 years of age or older; and (d) your use of Services does not violate any applicable law or regulation. If we suspect that you are not complying with any of the above, or are abusing the use or your account, your account and website may deleted and terminated without notice to you.

You may not use FreeWebsite.com Products or Services if you are a citizen, national, or resident of, or are under control of, the government of Afghanistan, Algeria, Bahrain, Cuba, Iran, Iraq, Libya, Morocco, Nigeria, North Korea, Pakistan, Russian Federation, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, or any other country to which the United States has prohibited export.

Personal Information and Privacy

Personal information you provide to FreeWebsite.com through the Service is governed by the FreeWebsite.com Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the Privacy Policy. You are responsible for maintaining confidentiality of your username, password, and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account. We are not responsible for any loss or damage to you or any third party incurred as a result of any unauthorized access and / or use of your user account, or otherwise.

Fees & Refunds

Our basic website building and hosting solution is offered to you free of charge. You will also have the opportunity to upgrade your account and purchase optional Premium Services and additional features as may be made available by us, Applications, our affiliates or business partners from time to time.

FreeWebsite.com will not activate new orders or activate new packages for customers who have an outstanding balance with FreeWebsite.com. For a new order to be setup or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by FreeWebsite.com in writing.

When you sign up for a premium account, your FreeWebsite.com account will be enabled with auto-renew, which means that when your renewal date arrives, your hosting plan and domain will be renewed automatically. When it is time for renewal, the credit card you have on file with us will also be charged. To cancel these payments on a premium plan, go to the member area of www.freewebsite.com and select the downgrade option at least 14 days prior to your renewal date. If you fail to cancel 14 days prior to renewal, your account will be renewed for a new term. Your account renewal dates are always listed in your account located at https://login.freewebsite.com.

Promotional Pricing. FreeWebsite.com may periodically offer “free” or discounted services or credits in connection with a promotional offer. Such promotional offers are honored only in connection with the specific promotional package to which they apply, for the designated time period. When the special promotional pricing ends, Subscriber will pay the standard fee for that service. In the event a Subscriber downgrades or otherwise changes his/her/its subscription to a subscription to which a promotional offer does not apply, Subscriber will forfeit any unused free credits offered under the promotional package and FreeWebsite.com will charge Subscriber the prevailing fees for any free credits redeemed by Subscriber under the promotional package. Prices are subject to change at any time.

Our refund policy is as follows: If you request a refund within the first 30 days of your account activation, we will issue a full refund, minus the $9 processing fee. If you request a refund after your first 30 days, we will issue a pro-rated refund for the remainder of your term, minus the $9 processing fee.

Content

You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that FreeWebsite.com will have the right to block access to or remove such content made available by you, if FreeWebsite.com receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by FreeWebsite.com for this purpose.

We require Website Creators, Application Developers, affiliates and business partners to respect your privacy settings and our Terms of Service and Privacy Policy, but your agreement with that Website, Application, affiliate or business partner will control how they can use the Content and information shared with them. Be sure to understand the privacy settings, terms and privacy policies of that Website, Application or service prior to your interactions. Note that FreeWebsite.com cannot guarantee that such third parties will comply with their contractual requirements, and FreeWebsite.com does not assume any liability or responsibility for any third party’s actions, or for enforcing any agreements such third parties may enter into with your or with us.

As a Website Creator, you and your authorized representatives and administrators will have access to the email address of the Members of your Website, along with certain information, Content and data provided or collected during their registration and use of your Website ("Website Member Data"). FreeWebsite.com may also provide you with access to certain Visitor data that we collect as part of our Services (collectively with Website Member Data and other data you collect, "User Data"). You agree to have a privacy policy or otherwise make it clear to your Visitors and Members what User Data you are going to use and how you will use, display or share that data. You further agree that, as between you and FreeWebsite.com, subject to this Agreement and each User’s rights, (i) FreeWebsite.com owns all right, title and interest, including all intellectual property rights, in and to the User Data collected by us, and (ii) you own all right, title and interest, including all intellectual property rights, in and to the User Data collected by you. Notwithstanding the foregoing, in order for FreeWebsite.com to run your Website on the Sites, you hereby grant FreeWebsite.com a nonexclusive, worldwide, perpetual, irrevocable, transferable, sub-licensable, fully paid-up, royalty-free right and license to (i) use, reproduce, store, modify, create derivative works of, distribute, publicly perform and display the User Data on or through the Sites and in all current and future media in which the Services may be distributed; (ii) use and disclose the User Data and related metrics in an aggregate or other non-personally identifiable manner (including, for use in targeting advertising in a non-personally identifiable manner through and in connection with the Sites); and (iii) use User Data for other purposes permitted by the FreeWebsite.com Privacy Policy.

Restrictions on Use

You are responsible for the removal of any such Content that is in violation of these Terms of Service and ensuring compliance with these Terms of Service.

In addition to all other terms and conditions of this agreement, you shall not: (a) transfer or otherwise make available to any third party the Services; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms and conditions; (iv) post links to third party sites or use their logo, company name etc., without their prior written permission; or (v) use of the services for spamming and other illegal purposes.

You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful. Vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or the rights of another. You agree not to use the Services for the transmission of “junk mail, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.

Proprietary Rights to Content

By displaying or publishing ("posting") any Content on or through the Services, you hereby grant to FreeWebsite.com a limited license to use, modify, publicly perform, publicly display, publish, reproduce, distribute, list information regarding, edit, translate, and make derivative works of such Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use solely in connection with the Services.

Without this license, FreeWebsite.com would be unable to provide the Services. The license you grant to FreeWebsite.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to FreeWebsite.com), fully-paid and royalty-free (meaning that FreeWebsite.com is not required to pay you for the use on the Services of the Content that you post), transferable and sub-licensable (so that FreeWebsite.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Services), and worldwide (because the Internet and the Services are global in reach). Unless you have shared your Content with others, and they have not deleted it, this license will terminate at the time you remove your Content from the Services, but you understand and agree that your Content may continue to appear on the Sites or Websites after you remove it from the Services as portion of your Content may remain on pages cached by third parties, incorporated into RSS feeds, User profiles or other features, or archived on servers. Furthermore, when you publish any Content or information using the "everyone" or "public" settings, it means that everyone, including people off of the Sites, will have access to that information and we may not have control over what they do with it.

When you post any Content on a Website, you provide the Website Creator, other Members of that Website or the public in general with permission to view and use your Content depending on the Website’s privacy settings and policies. Be sure to understand that Website’s privacy settings and policies prior to posting your Content.

You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Services.

If a Website is removed from the Sites, the Content associated with that Website may also be deleted at the discretion of the Website Creator or FreeWebsite.com. We encourage you to be sure you are comfortable with this possibility before contributing your Content to a Website. You should be aware that FreeWebsite.com is not required and may not keep back-up copies of Content (including your Content) on the Sites once the Website or Content is deleted. Additionally, FreeWebsite.com makes no guarantee, either during or after the term of this Agreement, that your Content will be safely stored on the Sites and you should independently back-up your Content.

The FreeWebsite.com Services contain proprietary content that is protected by copyright, trademark, patent, trade secret and other laws in the United States and around the world (the "FreeWebsite.com Content"). FreeWebsite.com owns and retains all rights in the FreeWebsite.com Content and the Services. FreeWebsite.com hereby grants you a limited, freely revocable, non-sublicensable license to reproduce and display the FreeWebsite.com Content (excluding any software code) solely for your personal use in connection with using the Services. As between you and the Sites, all the intellectual property rights in the FreeWebsite.com technology, which does not include your Content, are owned by FreeWebsite.com or its licensors.

The FreeWebsite.com Services contain Content of Users and other FreeWebsite.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, archive, transmit, distribute, perform, display, decompile, reverse engineer, attempt to access the source code, create derivative works from, rent or sell any Content appearing on or through the Services without permission of the Content owner.

We always appreciate your feedback or other suggestions you may have about FreeWebsite.com, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them). But we love you man!

Data Ownership

You own the content created or stored by you. We respect your right to ownership of content created or stored by you. Unless permitted by you specifically, your use of the Services does not grant FreeWebsite.com the license to use, reproduce, adapt, modify, publish, or distribute content created by you or stored in your user account for FreeWebsite’s commercial, marketing, or any similar purpose. You do grant to FreeWebsite.com the permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly reform the content for your user account solely as required for the purpose of providing the Services to you.

FreeWebsite.com Trademarks; Templates

FreeWebsite.com trademarks, logos, service marks, images, trade names and other distinctive branding features used in connection with the Services are the trademarks of FreeWebsite.com and may not be used without permission. Other trademarks that may appear on our Services are the property of their respective owners. FreeWebsite.com reserves the right to include within your Website applicable FreeWebsite.com copyright and trademark notices for FreeWebsite.com and links to our Terms of Service, Privacy Policy and other Guidelines. All notices and links will be displayed consistently in such form and placement as determined by FreeWebsite.com. For purposes of this Agreement, all websites offered by FreeWebsite.com are copyrighted material and are considered part of the Sites. Such websites are offered for use to FreeWebsite.com users under a limited license only, and are not offered for sale or unbridled use. Such license limits use of FreeWebsite.com templates to Websites hosted by FreeWebsite.com. FreeWebsite.com templates may not be transferred to or hosted on another web host or Internet Service Provider.

Payments

You are responsible for paying all fees and applicable taxes associated with the Paid Services in a timely manner with a valid payment method. You authorize FreeWebsite.com to charge your credit card, charge card, debit card, PayPal, or financial institution account (herein "Payment Method") for all charges to your accounts with FreeWebsite.com. When you provide a Payment Method to us, you confirm that you are permitted to use that Payment Method. You also authorize us to collect and store it, along with other related transaction information. When you make a purchase, you authorize us (and our designated payment processor) to charge the full amount to the Payment Method you designate for the transaction. For Premium Services, we only offer recurring payments; therefore, you agree that FreeWebsite.com may automatically charge the fee to your Payment Method at the beginning of each recurring period. For example, if you choose a Premium Service with a monthly plan, you will be billed every month on the anniversary date of the date you clicked the "Purchase" button.

You acknowledge and agree that any credit card and related billing and payment information that you provide to FreeWebsite.com may be shared by FreeWebsite.com with third parties, such as payment processors and/or credit agencies, solely for the purpose of checking credit, effecting payment to FreeWebsite.com and servicing your account.

If you pay by credit or debit card we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available. If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee. You agree to pay FreeWebsite.com all charges incurred under your account for any Paid Service in which you or anyone else who uses your account (including children, family and friends) enroll in accordance with this Agreement and any applicable Paid Services terms. If your Payment Method fails or your account is past due, (a) you agree to pay all amounts due on your account upon demand and reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted, (b) FreeWebsite.com may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (c) FreeWebsite.com reserves the right to either suspend or terminate your Premium Services or your account with FreeWebsite.com, including deletion of your Website from the Sites. Except as may be set forth herein, any fees charged to your account are non-refundable. You agree to submit any disputes regarding any charge to billing @ freewebsite.com within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.

Inactive User Accounts Policy

We reserve the right to terminate any unpaid user account that is inactive for a continuous period of time. If Your user account is terminated, all data associated with your account will be deleted. We will notify you via email of the termination of your account. This Inactive User Policy may be implemented with respect to any of the Services that are offered at FreeWebsite.com.

Suspension and Termination

We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected legal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspensions should be made within thirty days of being notified about the suspension. We reserve the right to terminate a suspended or disabled account after thirty days. We will also terminate your user account on your request. Additionally, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Service in case of unexpected technical issues or discontinuation of the Service. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your e – mail addresses and a password and deletion of all data in your user account.

If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law.

Upon deactivating your account, this Agreement terminates and your access rights to the Sites and any Websites immediately cease to exist. For Content you wish to delete from the Sites, you can delete it by going to each of the Websites to which you've contributed. FreeWebsite.com is not responsible for deleting Content on your behalf and FreeWebsite.com will not have any obligation to assist you in migrating your data or your Website(s) off of the Sites. Note that, even if Content is deleted from FreeWebsite.com's active servers, it may remain in our archives (although we have no obligation to archive or back-up your Content). FreeWebsite.com will have no obligation to refund any fees paid for Paid Services.

Indemnity

You agree to indemnify, defend, and hold harmless FreeWebsite.com, its subsidiaries, and affiliates, and their respective officers, agents, co-branders or other partners, employees, and third party Paid Service providers from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to

  • any Content you submit, post, transmit, or make available through the Sites;
  • your use or misuse of the Services;
  • your connection to the Services;
  • your breach or alleged breach of this Agreement; or
  • your violation of any rights (including intellectual property rights) of a third party.

FreeWebsite.com reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of FreeWebsite.com. FreeWebsite.com will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Disclaimer of Warranties

Your use of the sites, and all website code, platform code, APIs, applications, services, third party software, and content (including third party content), are at your sole responsibility and risk. The sites, and all website code, platform code, applications, services, third party software, and content (including third party content) are provided on an "as is" and "as available" basis. FreeWebsite.com and its successors, affiliates, contractors, employees, suppliers, licensors, partners and agents expressly disclaim all representations, warranties, or conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, performance, system integration, title, and non-infringement.

FreeWebsite.com and its successors, affiliates, contractors, officers, directors, employees, suppliers, licensors, partners and agents disclaim any warranty that the sites, or any website code, platform code, APIs, applications, services, third party software, or content (including third party content) will meet your requirements or be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the sites, or the server that makes the sites, available is free of viruses or other harmful components. FreeWebsite.com makes no guarantee regarding (a) the amount, timing and delivery of any clicks or impressions with respect to any content (including third party content) or advertising on the sites, or your website; (b) the volume and quality of any traffic to your website; or (c) the compatibility of your code or any other code with any FreeWebsite.com technology.

Any material downloaded or otherwise obtained through the use of the services, and all website code, platform code, APIs, applications, services, third party software, and content (including third party content), is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from FreeWebsite.com or its successors, affiliates, contractors, employees, suppliers, licensors, partners or agents, or through or from the sites, shall create any warranty not expressly stated in the terms.

FreeWebsite.com is not responsible for the conduct of any user or application developer on the sites, platform, applications or websites.

Limitation of Liability

You agree that, under no legal theory, including, but not limited to negligence, shall FreeWebsite.com or its successors, affiliates, contractors, officers, directors, employees, suppliers, licensors, partners or agents, be liable to you for (a) any punitive, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of revenue, business or profits, cost of cover, goodwill, use, data, or other intangible losses (even if FreeWebsite.com has been advised of the possibility of such damages), arising from or relating to this agreement or your use or the inability to use the services, any website or platform; or (b) any damages arising from or related to this agreement or any of our guidelines (in the aggregate for all potential claims by you) in excess of the greater of (i) $100 and (ii) the total amounts paid to FreeWebsite.com by you in the twelve months immediately preceding the initial notice of any claim.

These limitations shall also apply with respect to damages incurred by reason of any products or services sold or provided on any third party sites or otherwise provided by any third parties other than FreeWebsite.com (including application developers) and received by you through or advertised on the sites or received by you on any third party sites.

Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If you reside in such a jurisdiction, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. The limitations or exclusions of warranties, remedies or liability contained in this agreement apply to you to the fullest extent such limitations or exclusions are permitted under the laws of the jurisdiction in which you are located.

Arbitration

This Agreement shall be governed by the laws of the State of New York without giving effect to any principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state courts and federal courts located within the State of New York for the purpose of litigating all such claims or disputes Any claim or dispute in connection with this Agreement shall be resolved in a cost effective manner through binding non-appearance-based arbitration and has to be initiated within thirty (30) days after it arises, or the cause of action is barred. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.

Changes to FreeWebsite.com Services

FreeWebsite.com reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the FreeWebsite.com Services or any part thereof with or without notice. FreeWebsite.com will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.