Terms & Conditions

TERMS AND CONDITIONS

 

  1. ACCEPTANCE OF TERMS AND CONDITIONS AND AMENDMENTS

Each time you use or cause access to this website, you agree to be bound by these Terms

and Conditions, as amended from time to time with or without notice to you. In addition, if

you are using a particular service on or through this website, you will be subject to any rules

or guidelines applicable to those services and they shall be incorporated by reference into

these Terms and Conditions. Please see our Privacy Policy, which is incorporated into

these Terms and Conditions by reference.

 

  1. 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.

 

  1. 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.

 

  1. PRIVACY POLICY

Registration data and other personally identifiable information that we may collect is subject

to the terms of our Privacy Policy.

 

  1. REGISTRATION AND PASSWORD

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.

 

  1. 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:

(a) 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;

(b) 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;

(c) Collect or harvest any data about other users;

(d) 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;

(e) 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;

(f) Infringe on any copyrights or intellectual property rights;

(g) 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:

(h) You own the right to publish any and all material you provide Freewebstore.org for use

materials to bolster the performance of Freewebstore stores. In addition, you agree that you

will not:

(i) Contact customers to request they pay you via means other than the supported

Freewebstore payment providers;

(j) 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;

(k) Log in, or attempt to log in, to a store which is not maintained by yourself.

 

  1. 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.

 

  1. INDEMNIFICATION

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.

 

  1. DISCLAIMER OF WARRANTIES

You understand and agree that your use of this website and any services or content

provided (The "Service") 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.

 

  1. 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; (I) The

use of or the inability to use the Service; (II) The cost to obtain substitute goods and/or

services resulting from any transaction entered into on or through this Service; (III)

Unathorized access to or alteration of your data transmissions; (IV) Statements of conduct of

any third party on the Service, or; (V) 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.

 

  1. 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.

 

  1. 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, our copyright agent

may be contacted by clicking here. The copyright holder must provide us with all of the

following information:

(a) A signature of a person authorized to act on behalf of the owner of the copyright that is

allegedly infringed.

(b) Identification of the material that is claimed to be infringing or is the subject of infringing

activity and that should be removed or access to which should be disabled, with information

to allow us to locate the material.

(c) Contact information for the person giving the notification, such as an address and

telephone, and, if available, an email address at which such person may be contacted.

(d) A statement that the person giving the notification has a good faith belief that use of the

material in the manner complained of is not authorized by the copyright owner, its agent, or

the law.

(e) A statement that the information in the notification is accurate and, under penalty of

perjury, that the person providing the notification is authorized to act on behalf of the owner

of the copyright that is allegedly infringed.

 

  1. 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.

 

  1. MISCELLANEOUS INFORMATION

(I) 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; (II) 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; (III) 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; (IV) We may assign our rights and

obligations under these Terms and Conditions and we shall be relieved of any further

obligation.

 

  1. CONSENT

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.

 

  1. 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.org

may help market your items for sale through "showcases" and other product search sites,

i.e. Google Product Search or Kelkoo, 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.

 

  1. INTERPRETATION

Where permissable by law, Freewebstore is the sole arbiter of the meaning and context of

these terms and conditions.

 

  1. USAGE DATA

In the course of managing and optimizing 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.

 

  1. 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.

 

  1. INACTIVITY

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.org.

 

  1. 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 .es .eu .me .se

If you wish to take your free domain name with you when you leave our platform then there

will be a one of administration fee of 20 GBP, 24 USD or 30 EUR to release the domain

name into your control.

 

  1. REQUIREMENTS

The Freewebstore Control Panel, primarily located at https://admin.Freewebstore.com, 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.

 

  1. UPDATES

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 downtime

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 storepers'

security or experience.

 

  1. SUPPORT & CONTACT DETAILS

All support is strictly handled online via your Freewebstore control panel or by emailing

[email protected] directly. The Freewebstore Ltd registered trading address is Unit

8, Vantage Court, Riverside Business Park, Barrowford, Lancashire, BB9 6BP, United

Kingdom. For Corporate enquiries please call +44(0)8450522450

 

NOTICE:

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 protected] Freewebstore.org will openly work with law

enforcement agencies to help with any investigations.

Furthermore, visitors are referred to PayPal's Acceptable Use Policy. We will co-operate

fully with PayPal to deal with Freewebstore.org sites that utilize PayPal as a payment

platform, and that fail to comply to these standards. Sites that are found in breach of these

terms will be terminated without notice. As more Payment Providers are added to the bank

of companies Freewebstore uses, their terms of use become incorporated into our terms of

use, and site owners must comply with the terms of use of their merchant provider. It is the

sole responsibility of the client to ensure their store meets their merchant provider's terms

and usage policies. Should a store use an alternate payment provider, the store owner

(defined as any person in control of the credentials to log in to that store's control panel)

must ensure that all goods sold fit in with their chosen payment provider's (or providers')

terms of use. Freewebstore operates a policy of ethical use determined by the staff at the

Freewebstore offices. Stores deemed by Freewebstore to be unsuitable in any respect may

be closed without notice.