TERMS OF USE

1. General Terms

These terms regulate the provision of our web presence service (the “Service”). Your use of the Service is subject to these Terms and Conditions (“T&Cs”). We reserve the right to update and change the T&Cs from time to time without notice or acceptance by you. By using the Service, you signify your irrevocable acceptance of these T&Cs.

2. Web Presence Service (the “Service”)

The Service is web-based and allows users that register for an account on the Service to:

create and update an online website through our dashboard

Unless explicitly stated otherwise, any new features that enhance the current Service, including the release of new tools and resources, shall be subject to the T&Cs.

You acknowledge that Web By SmartSimple the owners of WebPowerUp may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time without notice to you.

Web By SmartSimple reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time.

3. Registration to the Service

To Register for the Service you must provide a valid email address and then choose a password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to:

immediately notify Web By SmartSimple in writing of any unauthorized use of your password or account or any other breach of security;

and ensure that you exit from your account at the end of each session.

In consideration of use of the Service, you agree to:

provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form,

maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Web By SmartSimple has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Web By SmartSimple has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

allow Web By SmartSimple to contact you on your email address with personal communications related to your account, including but not limited to registration notices, subscription notices and updates, and account introduction materials.

4. Website Creation Rules


You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials (“Content”) are the sole responsibility of the person from which such Content originated. You, and not Web By SmartSimple, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. Web By SmartSimple does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Web By SmartSimple be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that Web By SmartSimple does not pre-screen Content, but that Web By SmartSimple shall have the right (but not the obligation) in their sole discretion to refuse, move or delete any Content that is available via the Service. Without limiting the foregoing, Web By SmartSimple shall have the right to remove any Content that violates the T&Cs or is otherwise objectionable in Web By SmartSimple’s sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge and agree that Web By SmartSimple may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

comply with legal process;

enforce the T&Cs;

respond to claims that any Content violates the rights of third-parties; or

protect the rights, property, or personal safety of Web By SmartSimple, its users and the public.

Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in Web By SmartSimple’s sole discretion as to what action should be taken.

You agree that you will not:

upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;

harm minors in any way;

impersonate any person or entity, including, but not limited to, a Web By SmartSimple official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;

upload, post, or transmit unsolicited commercial email or “spam”. This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam”, such as (a) sending mass email to recipients who haven’t requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;

upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

intentionally or unintentionally violate any applicable local, national or international law;

“stalk” or otherwise harass another;

promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;

offer for sale or sell any item, good or service that (a) violates any applicable local, national or international law, (b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (c) Web By SmartSimple determines, in its sole discretion, is inappropriate for sale through the Service provided by Web By SmartSimple;

use the Service as a forwarding service to another website;

solicit passwords or personal identifying information for commercial or unlawful purposes from other users;

exceed the scope of the Service that you have signed up for; for example, accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other peoples comments or content;

make any automated use of the system.

If any user is reported to be in violation with the letter or spirit of these terms, Web By SmartSimple retains the right to terminate such account at any time without further warning.

5. Email Rules

Without exception, Web By SmartSimple decries the practice of mass mailing unwanted email of any type, regardless of content, and we will do everything within our power to reduce the flood of this type of traffic across the Internet.

Web By SmartSimple prohibits the use of our systems in any manner associated with the transmission, distribution, or delivery of spam. Any email user who sends spam may have their account disabled and be disallowed further service.

If we believe that it is warranted, Web By SmartSimple have the option to immediately disable any account in order to prevent further abuse or damage to email systems. Should this occur, the user shall be notified as soon as possible.

Spam sent from other networks which references a email user shall be treated as if it originated from the account referenced, unless there is sufficient reason to believe that the message truly originated with some unrelated party.

Postings made to Usenet newsgroups or other online forums, such as blogs which reference email users, and are deemed to be inappropriate according to the local ethical standards of those forums, may be treated in the same manner as spam.

Web By SmartSimple does not support outbound mass mailing as a standard offering. As standard practice we limit users from sending mail to a large number of recipients in a 24 hour period. This limit is restrictive on the first day of usage, and becomes more lenient over time. Users who reach this limit will experience error messages such as “Daily maximum exceeded”. This limit is subject to change without notice, should our service be compromised. In order to protect our resellers we do not publish the numeric limit publicly.

Web By SmartSimple prohibits the posting, storing, transmitting, or disseminating of any information or software that contains a virus, trojan horse, worm, defect, or any other harmful, contaminating, or disruptive components. Web By SmartSimple reserves the right, at its sole discretion, to lock any account this is found to be in violation of this policy.

Services offered may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material that is in violation of federal or state regulation or law, or by common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute.

Web By SmartSimple reserves the right to cooperate with law enforcement and other legal authorities in investigating claims of illegal activity.

6. Subscription Fees, Payments and Refunds

Once the website is created on Web By SmartSimple and published the user will be prompted to accept the payment of Fees.

All Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay for any such taxes that might be applicable to your use of the Service and payments made by you herein.

Subscription fees for “Unlimited” services are subject to fair usage. Web By SmartSimple reserves the right to cease services without notice for any users violating fair usage policies. This includes:

Using the service purely as a file storage and/or hosting service

Remotely accessing the service using automated methods

Serving copyrighted or other content of an illegal nature

Users who are regularly exceeding high usage thresholds will have their account and service fees subject to review. Web By SmartSimple services will not be unduly withheld, but Web By SmartSimple reserves the right to increase any individual users’ pricing to cover minimum storage and bandwidth costs associated with any particular site.

For reference, current high usage thresholds are 30GB of storage and 2TB bandwidth.

The final choice of whether an account is in violation of any of these policies is at the sole discretion of Web By SmartSimple Platform.

If you wish to cancel an annual subscription, let us know within 28 days of your last payment and we will refund that last payment in full excluding the cost of any domain purchased.

8. Termination of the Service

If you cancel the Service, your cancellation will take effect immediately. After cancellation, you will no longer have access to your website and all information contained therein may be deleted by Web By SmartSimple. Web By SmartSimple accepts no liability for such deleted information or content.

If you have purchased or were provided as part of your subscription package one or multiple domain names you will not be able to cancel the Service until a minimum period of sixty days from the last confirmation date of any successful domain registrations associated with your Account.

Early termination within this 60 day period may be subject to an early termination fee based upon the number of domain names associated with your Account and the length of your subscription.

You agree Web By SmartSimple, in its sole discretion, may terminate your password, and/or account, and remove and discard any Content within the Service, for any reason, including and without limitation, the lack of use, or if Web By SmartSimple believes that you have violated or acted inconsistently with the letter or spirit of the T&Cs. Web By SmartSimple may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this T&Cs may be effected without prior notice, and acknowledge and agree that Web By SmartSimple may immediately deactivate or delete your web site, as applicable, and all related information and files. Web By SmartSimple reserves the right to bar any further access to such files or the Service. You agree that Web By SmartSimple shall not be liable to you or any third-party for any termination of your access to the Service.

9. Websites Created and Content Submitted

By submitting Content to Web By SmartSimple for the creation of a website in Web By SmartSimple, you grant Web By SmartSimple a world-wide, royalty-free, and non-exclusive license to publish the Content within the Web By SmartSimple platform. This license exists only for as long as you continue to be a Web By SmartSimple customer and shall be terminated at the time your website is terminated.

You acknowledge that Web By SmartSimple does not pre-screen Content, but that Web By SmartSimple shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Web By SmartSimple shall have the right to remove any Content that violates the T&Cs or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

10. Indemnity

You agree to indemnify and hold Web By SmartSimple, and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Content, your use of the Service, your Guests activities, your connection to the Service, your violation of the T&Cs, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.

11. Web By SmartSimple Intellectual Property Rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Web By SmartSimple, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Web By SmartSimple does not want to receive confidential or proprietary information from you through the Service or by email. Unless otherwise agreed in writing by an authorized Web By SmartSimple representative, any material, information or idea you transmit to Web By SmartSimple by any means may be disseminated or used by Web By SmartSimple or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products.

12. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WEB BY SMARTSIMPLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WEB BY SMARTSIMPLE WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, WEB BY SMARTSIMPLE IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NON DELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. WEB BY SMARTSIMPLE DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

13. Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WEB BY SMARTSIMPLE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

14. General

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the T&Cs or other matters by displaying notices or links to notices to you generally on the Service. The T&Cs and the relationship between you and Web By SmartSimple shall be governed by the laws of the United Kingdom.

The T&Cs constitutes the entire agreement between you and Web By SmartSimple and govern your use of the Service, superseding any prior agreements between you and Web By SmartSimple (including, but not limited to, any prior versions of the T&Cs). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Web By SmartSimple services, third-party content or third-party software. If any provision of the T&Cs or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the T&Cs remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the T&Cs must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the T&Cs are for convenience only and have no legal or contractual effect.