Below are listed 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. By visiting our website or using our services, you fully agree to the Webyts Terms. If you do not read, fully understand and agree to the Webyts Terms, you must immediately leave the Webyts Website and avoid or discontinue all use of the Webyts Services.
1.1. Our Purpose
Webyts.com offers online web developer platform that helps create and manage online presence without much technical knowledge or expertise. Our services offer our users the ability to easily create beautiful and highly functional websites and manage it without being tech-savvy or a design guru. The online websites and platforms created by Users are collectively referred to herein as (“User Platform(s)”).
1.2. Legal Agreement
The Webyts Terms constitute a binding and enforceable legal contract between Webyts.com (“Webyts”, “us” or “we”) and you in relation to the use of any Webyts Services – so please read them carefully.
1.3. User Account
In order to access and create a website or use any of the Webyts Services, we will register and create an account with us during billing. (“User Account”).
You are advised to change your password immediately after receiving, by logging in to your account page then change it from the My Account page -> Change Password. You shall be fully responsible for your login details and any unauthorised use of your account.
If anyone other than yourself accesses your User Account and/or any of your User Platform(s), 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.
You must provide accurate and complete information during billing for use of the Webyts Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company’s) 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.
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. Webyts will consider the owner of a User Account, User Platform and/or User Content created and/or uploaded to the relevant Webyts Service, as the person or entity who has access to the e-mail address then listed in Webyts’s records for such User Account under which such User Platform or User Content was created.
2. Your Obligations
2.1. You represent and warrant that:
you are at least eighteen (18) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the Webyts Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the Webyts Terms;
And specifically regarding your User Content:
you confirm you own all rights in and to any content uploaded or provided by you, or imported, copied or uploaded by Webyts Services for you, to your User Platform (“User Content”), including any designs, images, videos, audios, logos, compositions, 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, 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 Webyts Services to access any websites, web pages and/or other online services, for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using, your User Content.
the User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which you or your User Platform’s visitors and users (“End Users”) reside, or for Webyts and/or your End Users to access, import, copy, upload, use or possess in connection with the Webyts Services;
you have obtained all consents and permissions required under all applicable laws, regarding the 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.
2.2. You undertake and agree to:
fully comply with all applicable laws and any other contractual terms which govern your use of the Webyts Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
receive from time to time promotional messages and materials from Webyts or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;
allow Webyts to use in perpetuity, worldwide and free of charge, any version of your User Platform (or any part thereof) for any of Webyts’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Webyts or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses;
Webyts’s sole discretion as to the means, manner, and method for performing the Webyts Services, including those regarding the hosting, transmission, publication and/or display of any User Platforms and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).
Webyts shall have the right to offer the Webyts Services in alternative price plans and impose different restrictions as for the upload, storage, download and use of the Webyts Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, volume of download time, number of subscribers to your Content, etc.
2.3. 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 Webyts Website, the Webyts Services (or any part thereof), any Content offered by Webyts 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 Webyts’s prior written and specific consent and/or as expressly permitted under the Webyts Terms;
submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive, fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Webyts 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;
upload, insert, collect or otherwise make available within the Webyts Website or the Webyts Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;
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 Webyts Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the Webyts Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Webyts Services;
act in a manner which might be perceived as damaging to Webyts’s reputation and goodwill or which may bring Webyts into disrepute or harm;
purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Webyts or Webyts Marks and/or variations and misspellings thereof;
impersonate any person or entity or provide false information on the Webyts 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 Webyts and/or any End Users;
falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Webyts 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 Webyts 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 Webyts 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 Webyts Services, User Platform, the account of another User(s), or any other systems or networks connected to the Webyts Services, by hacking, password mining, or other illegitimate or prohibited means;
probe, scan, or test the vulnerability of the Webyts Services or any network connected to the Webyts Services;
upload to the Webyts 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 Webyts Services or Webyts’s systems or networks connected to the Webyts Services, or otherwise interfere with or disrupt the operation of any of the Webyts 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 Webyts 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;
access to Webyts 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.
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 Webyts Services and/or Licensed Content; or
violate, attempt to violate, or otherwise fail to comply with any of the Webyts Terms or any laws or requirements applicable to your use of the Webyts 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.
3. Content and Ownership
3.1. Your Intellectual Property
As between Webyts and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including to any designs, images, animations, video/audio files, logos, artworks, text and literary works. Webyts does not claim ownership rights on your content. For the sole purpose of granting you the service, You know and agree that 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 duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.
3.2. Webyts’s Intellectual Property
All rights, title and interest in and to the Webyts 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 Webyts 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 Webyts.
Subject to your full compliance with the Webyts Terms and timely payment of all applicable Fees, Webyts hereby grants you, upon creating your User Account and for as long as Webyts wishes to provide you with the Webyts Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Webyts 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 Webyts Terms, and solely within the Webyts Services.
The Webyts Terms do not convey any right or interest in or to Webyts’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Webyts Terms constitutes an assignment or waiver of Webyts’s Intellectual Property rights under any law.
5. Service Fees
5.1. Paid Services
The use of certain Webyts Services may be subject to payment of particular fees, as determined by Webyts in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Webyts will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.
Webyts reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, Webyts shall have the right to automatically and without notice renew your subscription to such Webyts Service(s) at the full applicable Fee.
As part of registering or submitting information to receive Paid Services, you also authorize Webyts (either directly or through its affiliates, subsidiaries or 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 Webyts 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).
5.2. 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, 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, 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”). If your Renewing Paid Service is subject to a yearly or multiple-year subscription period, Webyts 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 this Agreement 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.
Your use of the Webyts Services will not resume until you re-subscribe for any such Webyts Services, and pay any applicable Fees in full, including any fees and expenses incurred by Webyts and/or any Third Party Services.
6.1. Cancellation by User
You may discontinue to use and request to cancel your User Account and/or any Webyts Services at any time, in accordance with the instructions available on the Webyts 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 Webyts Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.
6.2. Cancellation by Webyts
Failure to comply with any of the Webyts Terms and/or to pay any due Fee shall entitle Webyts 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 Webyts Services (e.g., Paid Services) or Third Party Services to you.
6.3. Loss of Data, Content and Capacity
If your User Account or any Webyts Services or Third Party Services related to your User Account are cancelled (whether at your request or at Webyts’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”). Webyts 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 Webyts Services following their cancellation, as determined by Webyts in its sole discretion.
Webyts will take regular backups of its services but will not be liable for any loss of data, business loss or any other claim. In case of a restore which might be implemented, Webyts will not be held liable for any loss of data.
The Webyts Services also include certain features which enable you to sell goods and services through your User Platform (“User Products”, and collectively – “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. You are responsible for all your sales activities, including your relationships with customers and any payment service providers.
You shall be 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;
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 –
Webyts 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.
8. Third Party Services
The Webyts Services enable you to engage 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 Webyts Website, third party Licensed Content, E-Commerce Payment Providers, third party designers who may assist you with your User Platform, 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 Webyts Services, offered separately by Webyts or persons certified or authorized by Webyts, or otherwise offered anywhere on the Webyts Services), Webyts 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. Webyts 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 Webyts 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.
While we hope to avoid such instances, Webyts 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 Webyts 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.
We provide the Webyts 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 Webyts 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 Webyts Services – so please be sure to verify those before using or otherwise engaging them.
Webyts 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 Webyts 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 Webyts 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, Webyts shall not be liable for any mistakes, defamation, 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 Webyts Services and/or connecting and/or dealing with any Third Party Services through or in connection with Webyts Services, and that Webyts 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.
Webyts does not recommend the use of the Webyts 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 Webyts Services are currently offered in their BETA version, and undergoing BETA testing. You understand and agree that certain Webyts Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Webyts Services at this BETA stage signifies your agreement to participate in such Webyts Services’ BETA testing.
9. Limitation of Liability
To the fullest extent permitted by law in each applicable jurisdiction, Webyts, its promoters, 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 Webyts 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 Webyts Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Webyts Services; (6) events beyond the reasonable control of Webyts, 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, 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 Webyts Services.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Webyts’s services to you, and such limitations will apply even if Webyts has been advised of the possibility of such liabilities.
For more information or queries you can reach us on +91 90880 37717 or email us at email@example.com. You can write to us at 2/3,Commissariat Road, Kolkata 700022, India