By accessing the site, you accept all the terms and conditions of this agreement.
1. Description of Services.
WideArtist ("Service", "Us", "We" or "Our") welcomes you ("You", "Your" or "Client") to our system a platform for a website, website editing tools, and internet web hosting services to its subscribers (the "Subscribers" or "you" or "your"). We may update the content, functionality, and interfaces of the Service from time to time. Unless explicitly stated otherwise, any new features that augment or enhance the Service will be subject to these Terms and such Other Policies that accompany the new features.
2. Acceptable Use.
You agree that you will not do any of the following, any of which constitutes Service misuse ("Misuse") and entitles us to immediately terminate this Agreement and your Service: Content of a pornographic, sexually explicit, or violent nature, Content of an illegal nature, unlawful, obscene, indecent, invasive of another's privacy, hateful or harassing (including stolen copyrighted material), Pirated software sites, including cracking programs or cracking program archives, Reproduce, transmit, display, distribute, frame, embed or mirror any of our materials or any third party's materials on your Site, Resell any portion of our service without our written permission, Content with the sole purpose of causing harm or inciting hate, or content that could be reasonably considered as slanderous or libelous, Users may not use the Service as a remote storage server only, Users may not access the Service through automated methods, Use of robots or other computer code which calls the Service, except where explicitly allowed, is absolutely forbidden, Users may not send unsolicited messages (also known as junk mail or SPAM) to promote any website published on the Service
Please note that this is a non-exclusive list and that we reserve all rights to take prompt action, including terminating your Service and your Site, if we reasonably conclude that you are engaging in activities that present undue risk to us or our Service.
3. Service Termination
You agree that We can suspend, cancel, or remove any part of, Your Web Site at any time if breaches Terms or Other Policies, requests by law enforcement, government agencies or court order,security and technical issues or problems, non-payment of any fees owed by You. And furthermore, You agree that We are not responsible for compensating You on any remaining time that You may have paid for should this happen. You may terminate this Agreement at any time by notifying us in writing. At the time of termination, you agree to pay any outstanding amounts for the Services (if any). You also agree that we (or our collection service) may charge your credit card for any fees still owed at the time of termination. When your account is terminated, we can remove and/or delete all content on your Site without any obligation to return to you any image, data or other information you previously provided.
4. Payment and Service Fees
If your payment cannot be processed or is returned for any reason, including insufficient funds, we reserve the right to immediately suspend and/or terminate your access and account, thereby terminating this Agreement and all obligations to provide the Services.
Recurring Fees: By signing up for a Subscription, you agree to be billed in advance for the one (1) month Term. You agree to pay the Recurring Fee in advance on the first day of each billing cycle (the "Due Date"), without invoice.
Non-Recurring Fees: If you ask Us to perform Domain Services, you will be charged a "Domain Registration Fee" as specified on the Order Form. We may charge set-up fees ("Set Up Fee") for certain of the Services; a fee for credit card charge backs ("Charge Back Fee"); and other non-recurring fees relating to the Services. Domain Registration Fees, Overage Fees, Set Up Fees, Charge Back Fees, Reinstatement Fee (as defined below) and all other non-recurring fees relating to the Services are collectively referred to as "Non-Recurring Fees". You agree to pay Non-Recurring Fees when they are incurred.
Fee Increases. Recurring Fees and Non-Recurring Fees are collectively referred to as the "Fees" or individually as "Fee". We may increase any or all of the Fees by giving notice to you not less forty-five (45) days prior to the beginning of a Renewal Term applicable to the particular Fee which is subject to increase.
5. Chargeback / Refund Policy.
All payments are monthly and you can cancel any time. We will not, under any circumstances, issue cash refunds for early contract cancellation. All accounts begin an obligation-free trial which will allow you to evaluate the service for 14 days. If you are not 100% satisfied with your purchase, within 45 days from the purchase date, we will fully refund the cost of your order. No credit card information is collected to initiate a trial account, and charges will only be applied after explicit account purchase via the account Billing area.
You agree to pay to Us all sales, VAT or similar tax imposed on the provision of the Services (but not in the nature of an income tax on Us), regardless of whether We fail to collect the tax at the time the Services are provided.
7. Your Information.
You represent and warrant to Us that (i) all information you provide for purposes of establishing and maintaining the Services is accurate; (ii) if you are an individual, you are at least eighteen years of age; (iii) you will not use the Services for the development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles in any country listed in Country Groups D:4 and D:3 of Supplement No. 1 to Part 740 of the United States Export Administration Regulations, and (iv) you will not provide access to the Services to any person (including a natural person or government or private entity) located in or a national of any embargoed or highly restricted country under United States Export Regulations, which include as of September, 2005, Cuba, Iran, Libya, North Korea, Sudan or Syria. You agree that We may, without notice and without liability to you report to the appropriate governmental authorities any conduct by you that We reasonably believe violates applicable law, and provide any information that We have about you in response to a formal or informal request from a law enforcement or government agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
8. Domain Name Services.
If your Order Form provides for Us to register, renew or transfer a domain name ("Domain Name Services"), We will submit the request to namecheap.com (the "Registrar") on your behalf. Our sole responsibility is to submit the request to the Registrar. We are not responsible for any errors, omissions or failures of the Registrar. You are responsible for closing any account with any prior reseller of Registrar for the requested domain name, and you are responsible for responding to any inquiries sent to you by the Registrar. Transferring domains that you register with us or get free with your account to your registrar is possible with one time fee $75.
9. Your Indemnification of Us.
You will indemnify, defend, and hold harmless Us from and against all liabilities, damages, and costs (including, but not limited to, reasonable attorneys' fees and all settlement costs) arising out of or related to a third party claim: (i) regarding Your Content; (ii) Your infringement or misappropriation any patent, copyright, trade secret or trademark of any third party; or (iii) regarding Your use of the Services in violation of the Terms.
10. Back Up Copy
You agree to maintain a current copy of all of your content hosted by Us.
11. Use of Your Website for Marketing
You agree that We may use your website on our website or in any other marketing material we put fourth. We will honor written consent not to do so.
12. Disclaimer of Warranties
WE MAKE ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES. WE SPECIFICALLY DO NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE DISCLAIM ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS.
13. Limitation of Damages
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOST PROFITS OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE TERMS OF SERVICE, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE TERMS OF SERVICE, OUR MAXIMUM AGGREGATE LIABILITY, AND THAT OF OUR AFFILIATES, AND EACH OF THE RESPECTIVE OFFICERS, DIRECTORS, AGENTS, PARTNERS, SHAREHOLDERS AND EMPLOYEES OF US AND OF OUR AFFILIATES, UNDER ANY THEORY OF LIABILITY (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT OF FEES PAID BY YOU FOR THE SERVICES FOR THE THREE MONTHS PRIOR TO THE OCCURRENCE GIVING RISE TO THE CLAIM.
14. The Referrer is an existing WideArtist user, who invites others to join WideArtist using his invite link.
15. The Referred User must be a new WideArtist user, and must not already have an account under any other name or alias.
16. WideArtist will pay the Referrer $25 after first Referred purchase for each user he brings to WideArtist.
17. Referrer will be paid if Referred User doesn't ask for refund in first 2 months.
18. After reaching release level of $250 Referrer can ask for payout or WideArtist can convert earning to free months for Referrer account.
19. WideArtist will choose payout method.
We respect your privacy. Internet use is subject to interception, loss and alteration. You acknowledge and agree that wideartist.com and shall not be responsible for any loss or damages you may suffer as a result of the transmission of confidential or sensitive information over the Internet, and that all such communications are at your own risk, provided all reasonable precautions have been taken by wideartist.com.
1. Use of Information.
We automatically collect and temporarily store information about Your visit. The information We collect enables Us to refine and offer better services to You. We wil not share the information we collect about You with Our business partners. The types of information we collect include, but are not limited to: the date and time of Your visit, IP addresses, browser type, operating system, and language, the pages you visited and the address of the Web site from which You came.
4. The Personal Information We Collect
Wideartist collects email address for signup process and first name, last name, address, zip, city, state, country, phone for domain registration. All personal information during payment process for subscription, Recurring, Non-Recurring Fees and domains are stored on secure third part servers, partners that we use for subscription billing.
We do not sell, license, lease or otherwise disclose Your information to any other parties; except that We may disclose Your information when We believe, in good faith, that disclosure is reasonably necessary to comply with laws, law enforcement or court orders, or to protect the rights, property or safety of another person, including Our own property or rights.