Terms and Conditions
1. Acceptance of Terms and Conditions and Amendements
2. Our Service
Our website and services provided to you on and through our website on an "as is" basis. You agree that the owners of this website exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this website and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy or improper delivery of any data or information.
3. Your Responsibilities and Registration Obligations
In order to use this service, you must register and agree to provide truthful information when requested. When registering, you explicitly agree to our Terms and Conditions, which may be modified by us from time to time and available here.
5. Registration and Password
You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.
6. Your Conduct
You agree that our website may expose you to content that may be objectionable or offensive. We shall not be responsible to you in any way for the content that appears on this website nor for any error or omission. You explicitly agree, in using this website or any service provided, that you shall not:
- Provide any content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this website or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
- Impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
- Collect or harvest any data about other users;
- Provide or use this website and any content in a manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
- Provide any content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets;
- Infringe on any copyrights or intellectual property rights;
- Offer for sale, promote or advertise through a Freewebstore: weaponry, items designed to restrain or hurt or harm or inconvenience people, drugs or narcotics, tobacco, substances which may be used - or advertised as such - to achieve hallucinogenic effects, pornography, alcohol, racially offensive, or carry out, promote or advertise any manner of illegal activities. Freewebstore.org reserves the right to report any breaches of this nature to the relevant law authorities. Freewebstore.org reserves the right to make judgements upon what is permissable to sell through Freewebstore.org websites. Furthermore, you agree that:
- You own the right to publish any and all material you provide Freewebstore.org for use within a Freewebstore.org webstore, and will grant Freewebstore the rights to use these materials to bolster the performance of Freewebstore stores. In addition, you agree that you will not:
- Contact customers to request they pay you via means other than the supported Freewebstore payment providers;
- Try to circumvent any systems Freewebstore.org has in place, including attempting to change free stores to remove or obscure the Freewebstore advertising bar or other component placed on stores by Freewebstore;
- Log in, or attempt to log in, to a store which is not maintained by yourself.
7. Third Party Services
Goods and services of third parties may be advertised and/or made available on or through this website. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable legal fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this website or service, your violation of these Terms and Conditions or any other violation of the rights of another person or party.
9. Disclaimer of Warranties
You understand and agree that your use of this website and any services or content provided (The "Sevice") is made available and provided to your at your own risk. It is provided to you "as is" and we expressly disclaim all warranties of any kind, implied or expressed, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, of any quality, nor that any content is safe in any manner for download. You understand and agree that neither us nor any participany in the Service provides professional advice of any kind and that use of such advice or any other information is solely at your own risk and without our liability of any kind. Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.
10. Limitation of Liability
You expressly understand and agree that we shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to: damages for loss of profits, goodwill, use, data or other intangible loss (even if we have been advised of the possibility of such damages), resulting from or arising out of:
- The use of or the inability to use the Service;
- The cost to obtain substitute goods and/or services resulting from any transaction entered into on or through this Service;
- Unathorized access to or alteration of your data transmissions;
- Statements of conduct of any third party on the Service, or;
- Any other matter relating to the Service. In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
11. Reservation of Rights
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our website, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our website or service without our prior written consent.
12. Notification of Copyright Infringement
If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, please read our DMCA policy by clicking here.
13. Applicable Law
You agree that these Terms and Conditions and any dispute arising out of your use or misuse of this website or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this website is located, without regard to its conflict of law provisions. By registering or using this website and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this website is located.
14. Miscellaneous Information
- In the event that these Terms and Conditions conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms and Conditions will remain valid and intact;
- The failure of either party to assert any right under these Terms and Conditions shall not be considered a waiver of any that party's right and that right will remain in full force and effect;
- You agree that without regard to any statue or contrary law that any claim or cause arising out of this website or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred;
- We may assign our rights and obligations under these Terms and Conditions and we shall be relieved of any further obligation.
By continuing to browse or otherwise accessing the website, you signal acceptance of the terms and disclaimer set out above. If you do not accept any of these terms, leave this website now. By logging into the Freewebstore Control Panel or using any Freewebstore you signal that you accept these Terms and Conditions in full.
16. Content and Materials
Freewebstore may use your website to show potential clients examples of what we do. This includes product images and descriptive text, as well as links to your site. Freewebstore may help market your items for sale through "showcases" and other product search sites, i.e. Google Product Search, in an effort to increase your sales. Freewebstore stores contain a small advertising space across the top of each page (The Freewebstore Banner) and usually a link to this website. Freewebstore reserves the right to use this space to market Freewebstore, included but not limited to images and HTML controls and elements, its partners and products being sold in an effort to bolster Freewebstore and its clients. Subscribers to Freewebstore may have The Freewebstore Banner removed.
Where permissable by law, Freewebstore is the sole arbiter of the meaning and context of these terms and conditions.
18. Usage Data
In the course of managing and optimising stores, Freewebstore monitors the activity of sites to develop better selling techniques for our clients. This information resides on our servers and is never passed on to a third party, and never used for marketing purposes. This information is held purely to provide statistical analysis and trace errors, in an effort to benefit our clients.
19. Refund Policy
Pro-rata refunds can be requested within 5 days of the payment date for monthly subscriptions and within 28 days of the payment date for annual subscriptions. All refunds are subject to a 5 GBP, 6 EUR or 8 USD administration fee. Any days you have already used from the last payment date will also be taken from the total refund amount. If you have claimed a domain name as part of your hosting package, this administration fee will be raised to 15 GBP, 18 EUR or 25 USD.
Freewebstore reserves the right to terminate without notice inactive stores. For the purposes of this operation, inactive means that we receive complaints about undelivered purchases or a failure to login to a store within a length of time determined by Freewebstore.
21. Domain Names
Free domain names provided by Freewebstore to Professional or Power Seller users are limited to the following suffixes: .com .co.uk .net .org .biz .info .name .be .co.in .in .eu .me
If you wish to take your free domain name with you when you leave our platform then there will be a one off administration fee of 20 GBP, 24 EUR or 30 USD to release the domain name into your control.
22. Deleted Product Retrieval Policy
In most instances Freewebstore can retrieve deleted products for a one off fee of 50 GBP, 70 EUR or 75 USD.
The Freewebstore Control Panel, primarily located at https://admin.freewebstore.org/, and available webstore designs are designed for use in Microsoft Internet Explorer (versions 7 and up), Mozilla FireFox and Google Chrome. Support for other browsers is not necessarily provided.
From time to time, Freewebstore's servers must be disabled for updates - i.e. important security updates or software upgrades. Where possible, notice will be given of this down-time and store fronts will be kept open. An example of an update which will receive no notice is a critical security update which closes a loophole detrimental to our shoppers' security or experience.
25. Support and Contact Details
All support is strictly handled online via your Freewebstore control panel or by emailing firstname.lastname@example.org directly. The UK registered trading address is Slater Terrace, Sandygate, On The Banks, Burnley, Lancashire, United Kingdom, BB11 1BU. The North American office is located at 100 Pine Street, Suite 1250, San Francisco, CA 94111. For Corporate enquiries please call +44(0)8450522450.
26. Fair Usage
In view of the nature of service we offer we ask that the user undertakes to use the service in accordance with the usual standards of the profession.
Reasonable and fair use includes, but not exclusively, a moderate and fair use of bandwidth and storage space. This includes the server resources made available within the platform's framework.
For technical reasons users are not allowed to exceed 20gb of traffic each month and the database size will not exceed 300mb. We also ask that the user does not exceed 3gb of storage of disk space or exceed 30 simultaneous Mysql connections.
An additional charge to a subscription may be requested if these limits are exceeded. The charge will be at the discretion of Freewebstore.
Freewebstore reserves the right to terminate sites without prior notice should the site be selling or promoting anything considered by Freewebstore unsavoury or unsuitable. Complaints against a site should be directed to our support department which can be reached by emailing email@example.com. Freewebstore will openly work with law enforcement agencies to help with any investigations.