1. Acceptance of Terms and Conditions and Amendments
2. Our Service
Our website, services and content (“Services”) are 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.
Freewebstore owns and retains all right, title, and interest in and to the website, content and services and their derivative works. You are not obligated to provide Freewebstore with any suggestions or feedback about the products or services (“Feedback”). To the extent you do provide Feedback to Freewebstore, you assign ownership of such Feedback to Freewebstore and Freewebstore may use and modify such Feedback without any restriction or payment.
3. Your Responsibilities and Registration Obligations
In order to use this service, you must register and agree to provide truthful information when requested. These terms and conditions govern your rights and obligations in using our service, and in registering , you create a binding contract and explicitly agree to our Terms and Conditions, which may be modified by us from time to time and available here. If you register on behalf of a company or any other person or entity, you represent and warrant that you have full authority to bind such company, person or other entity to these terms and conditions. You are responsible for all actions that violate these terms and conditions and agree that any breach by any user pursuant to your password, registration or login is a breach by you and any person, company or other entity on whose behalf you have registered.
5. Registration and Password
You are responsible to maintain the confidentiality of your password and shall be solely responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. We shall not be in any manner responsible for any unauthorized uses via your registration and/or login. 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, libellous, 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 intellectual property including but not limited 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, in its sole discretion, upon what is permissible 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 non-revocable license and any other rights to enable Freewebstore 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;
- Modify, adapt or create any derivative works based upon our product or service;
- Distribute, sell, license, lease, transfer or otherwise provide any of our services or your registration to third parties except as may be authorized pursuant to these terms and conditions;
- As a condition of the license granted, you shall not yourself and shall not authorize or permit any third party to: (1) reverse engineer, decompile, decode, decrypt, disassemble, or attempt to derive any source code from the SaaS Product (except and only to the extent any foregoing restriction is prohibited by applicable law); (2) modify, adapt, or create any derivative works based on the SaaS Product; (3) distribute, sell, license, lease, transfer, or otherwise provide any SaaS Product to third parties except as expressly provided in this Agreement; (4) provide the SaaS Product as a service to unaffiliated third parties, including but not limited to on a service bureau, SaaS, or time-sharing basis; (5) unbundle any component of any SaaS Product; or (6) use the Documentation except for supporting Customer’s authorized use of the SaaS Product; or (7) violate the Acceptable Use Policy; or (8) employ or authorize a Competitor to use or view the SaaS Product or Documentation, or to provide management, hosting, support or similar services with regard to the SaaS Product without the prior written consent of Company.
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 solely 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 or for any damage, injury or loss you may suffer thereby, regardless of the basis for such loss and any resulting claim, including but not limited to contract, statute, tort, including negligence, strict liability or any other basis.
You agree to indemnify and hold us harmless, including our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders (“Affiliates”) from any claim or demand, including reasonable legal fees, that may be made by any third party, that is arising out of or related to your conduct or connection with this website or service, your violation of these Terms and Conditions, your further use or publication of any information derived through your use of the Services or any other violation of law or regulation or the rights of another person or party. You shall, at your own expense and cost, (i) defend or settle any claim brought against us or our Affiliates by an unaffiliated third party alleging that your data or information derived through your access to and use of our Services infringes or violates a third party’s intellectual property or privacy rights or causes any other damage, injury or loss of any kind or in any manner including through contract, statute, tort (including negligence), regulation or strict liability; and (ii) pay, indemnify and hold harmless us and our Affiliates from any settlement of such claim or any damages finally awarded to such third party by a court or other tribunal of competent jurisdiction as a result of such claim.
9. Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND ANY SERVICES OR CONTENT PROVIDED IS MADE AVAILABLE AND PROVIDED TO “AS-IS” AND AT YOUR AT YOUR OWN RISK AND WE PROVIDE NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESSED, SPECIFICALLY INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, 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 PARTICIPANT 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, WHETHER FOUNDED IN CONTRACT, STATUTE, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR ON ANY OTHER BASIS.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR YOUR INDEMNIFICATION OR PAYMENT OBLIGATIONS UNDER THESE TERMS AND CONDITIONS, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SUBJECT MATTER HEREOF (UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT , STATUTE, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) FOR: (a) ANY LOST PROFITS, LOST BUSINESS OPPORTUNITIES, LOST DATA, OR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES OR SUCH DAMAGES OR LOSSES WERE REASONABLY FORESEEABLE, OR (b) AN AMOUNT THAT EXCEEDS THE TOTAL FEES PAID OR PAYABLE TO US FOR THE SERVICES DURING THE [[TWELVE-MONTH PERIOD]] BEFORE THE EVENT GIVING RISE TO SUCH LIABILITY. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SPECIFIED IN THESE TERMS AND CONDITIONS. MULTIPLE CLAIMS SHALL NOT EXPAND THE LIMITATIONS SPECIFIED IN THIS SECTION 10. THE FOREGOING SHALL ADDITIONALLY APPLY TO:
- Your use of or the inability to use the Service;
- Your cost to obtain substitute goods and/or services resulting from any transaction entered into on or through this Service;
- Unauthorized 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.
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
You will identify and approve of all trademarks, service marks, trade names and other identifiers (“Marks”) to be used by Freewebstore in connection with providing the Services. You represent and warrant that you have authority to and do grant Freewebstore a license, with a limited right of sublicense to its affiliates required to deliver the Services, to use the Marks in connection with providing the Services under these terms and conditions. You have obtained all rights in and to the Marks necessary to permit Freewebstore and its affiliates to provide the Services and perform the other obligations under this these terms and conditions. We agree that your Marks are and will remain your sole property of Subscriber and that all use of your Marks and all goodwill developed therein will inure solely to your benefit.
14. Applicable Law
A. These terms and conditions, and the rights and duties of the parties arising from them, shall be governed by, construed, and enforced in accordance with the laws of the State of Delaware, excluding its conflicts-of-law principles. The sole and exclusive jurisdiction and venue for actions arising under this these terms and conditions shall be state and federal courts in Delaware, and the parties agree to service of process in accordance with the rules of such courts. The Uniform Computer Information Transactions Act and the United Nations Convention on the International Sale of Goods shall not apply.
B. Waiver of Jury Trial. Each Party acknowledges and agrees that any controversy that may arise under these terms and conditions, including any exhibits, schedules, attachments attendant to these terms and conditions, is likely to involve complicated and difficult issues and , therefore, each Party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to this these terms and conditions, including any exhibits, schedules, attachments and appendices attendant to these terms and conditions, or the transactions contemplated hereby. Each Party certifies and acknowledges that (a) no Representative of the other Party has represented, expressly or otherwise, that the other Party would not seek to enforce the foregoing waiver in the event of a legal action, (b) it has considered the implications of this waiver, (c) it makes this waiver voluntarily, and (d) it has been induced to enter into these terms and conditions by, among other things, the mutual waivers and certifications in this Section 14B.
15. 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.
- Equitable Relief. The parties agree that a material breach of these terms and conditions adversely affecting Freewebstore or its suppliers’ intellectual property rights or either party’s confidential Information may cause irreparable injury to such party for which monetary damages would be an inadequate remedy and the non-breaching party shall be entitled to equitable relief (without a requirement to post a bond) in addition to any remedies it may have under this these terms and conditions or at law.
- The parties are independent contractors. These terms and conditions shall not establish any relationship of partnership, joint venture, employment, franchise or agency between you or your Affiliates and Freewebstore and its affiliates.
By continuing to browse or otherwise accessing the website, you signal acceptance of the terms and conditions and disclaimers 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.
17. 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 permissible by law, Freewebstore is the sole arbiter of the meaning and context of these terms and conditions.
19. 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.
20. 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.
22. 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.
23. 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.
26. Support and Contact Details
All support is strictly handled online via your Freewebstore control panel or by emailing email@example.com 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.
27. 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 10gb 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.
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 firstname.lastname@example.org. Freewebstore will openly work with law enforcement agencies to help with any investigations.
28. Entire Agreement
These terms and conditions, and the documents referenced herein, which are incorporated by reference, constitute the entire agreement between the parties with respect to its subject matter and supersedes and cancels all prior agreements, representations, communications, and understandings of the parties, written or oral, relating to such subject matter, and is not intended to confer upon any person other than the parties any rights or remedies. These terms and conditions prevail over any conflicting, or additional terms of any ordering document, acknowledgement, confirmation or other document issued by Customer before or after the execution of this Agreement unless such conflicting or additional terms have been introduced via an amendment and accepted in writing by both parties. The headings of sections of this Agreement are for convenience and are not for use in interpreting this Agreement.