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服務條款、使用限制條例、域名註冊條款、反濫發電郵政策
(中英文版本如有歧異,概以英文版本為準) 網頁寄存、虛擬專用伺服器、專屬伺服器 及其他互聯網相關服務協議 本網頁寄存、虛擬專用伺服器、專屬伺服器及其他互聯網相關服務協議(本「協議」)乃卓智互聯網服務有限公司，一家根據香特別行政區(香港特區)法例成立的有限責任公司，其主要辦事處位於香港葵芳葵豐街 1-15 號盈業大廈 B 座 16 樓 1617A 室(「卓智互聯網」)與包括參考本協議的卓智互聯網服務訂單及設立表格(「訂單」的人士(個人或法定人士或法定實體)(「客戶」)訂立。本協議規管客戶使用網頁寄存、虛擬專用伺服器、專屬伺服器或其他互聯網相關服務。 1. 服務 根據本協議條款，及視乎客戶符合卓智互聯網的信用批准要求而定，卓智互聯網同意依據訂單述明的費用提供訂單描述的服務。 2. 期限 本協議初始的服務期限由卓智互聯網向客戶發出電郵訊息，宣布啟動客戶帳戶及繼續生效至電郵述明的屆滿日期。本協議於屆滿時自動申請績約，期限與初始期限相同(即每次的「績約期限」)，除非卓智互聯網或客戶最少於初始期限或當時的績約期限(視乎情況而定)屆滿三十(30)日前給予對方不績約的書面通知。初始期限或任何績約期限於本協議統稱為「期限」。 3. 付款 (a) 費用. 於每個繳費週期首天預繳應付費用。客戶的繳費週期須為訂單所顯示按月、按季或按年計算，並從開始服務日期起計。卓智互聯網可要求於開始服務前繳付首次繳費週期的費用。倘若訂單拍明可透過信用卡/轉帳卡繳費，客戶須授權卓智互聯網於本協議期限內的每個繳費週期首天或其後透過信用卡/轉帳卡預扣費用。否則卓智互聯網將透過電子郵件向訂單列明的基本客戶發出帳單，可於每個繳費週期首天或之前發出發票收費，收費於發票述明的屆滿日期或到期日期到期應付。 客戶有責任就繳費資料的任何更改(例如信用卡屆滿日期、更改通知緻費的地址)通知卓智互聯網。倘服務費用過期未付，卓智互聯網可不另行通知而暫停服務。於發票日期後十四(14)天內並無就費用提出爭議，則費用被確認為正確無誤。客戶同意於未繳費而被暫停服務後，向卓智互聯網繳付恢復服務的合理費用及追收過期費用的合理成本支出，包括收數機構收費、律師費及訟費。 (b) 費用調整 卓智互聯網可就調整服務費於績約期限開始前三十(30)日內通知客戶，新收費於績約期限首天開始生效。倘客戶並無按照上文第二節規定發出不續約通知，客戶須被視為已就該續約期限或其後的任何續約期限同意新訂的費用。 (c) 提前終止 客戶承認，根據客戶的協議須繳付的服務費用金額是指整個初始期限或續約期限(視乎情況而定)的費用。倘卓智互聯網根據第9節(終止)就客戶違反協議而終止協議，或客戶根據第9節(終止)就卓智互聯網違反協議而終止協議，則初始期限或當時續約期限餘下每個繳費週期(視乎情況而定)的未付費用，一概須於終止協議其後的營業日到期應付。 4. 法律/合理使用政策 客戶同意按照適用法律及卓智互聯網張貼於 https://www.website-solution.net/big5/hosting_aup.html (及謹此列入本協議供參考)的合理使用政策(「合理使用政策」) 使用服務。客戶同意，卓智互聯網可基於其與業內一致的標準作出的合理商業判斷，不時修訂合理使用政策，就客戶使用服務的合理限制及條件提供進一步詳情或描述。合理使用政策的修訂無須另行通知，即時生效。客戶同意就卓智互聯網進行任何涉嫌違反合理使用政策的合理調查提供合作。倘閣下與卓智互聯網就詮釋本合理使用政策出現爭議，須以卓智互聯網按照其合理的商業詮釋為準。 5. 客戶資料 客戶向卓智互聯網聲明及保證，他或她基於建立及維持服務而已或將會給予卓智互聯網的資料正確。倘客戶為個人身份，客戶向卓智互聯網聲明及保證，他或她最少滿十一歲。卓智互聯網聲可依據訂單列明為基本客戶聯絡人的人士就客戶帳戶作出的指示，直至客戶給予書面通知更改基本客戶聯絡人為止。 6 彌償 客戶同意，就第三方根據源自或涉及客戶或使用客戶登錄信息的任何人士(不論該人士有否獲客戶授權使用服務)實際上或被指稱違反適用法律或合理使用政策使用客戶服務的法律責任理論所提出的任何及所有申索、索求、法律責任、責任、損失、損害賠償、罰款、罰金、懲罰性損害賠償、利息金額、任何種類及性質的開支及代支(包括合理的律師費)，向卓智互聯網、卓智互聯網的聯屬公司及其各自的高級職員、董事、代理人及僱員作出彌償及使其免受傷害。 7. 免責聲明及保證 卓智互聯網服務有限公司不保證或聲明，其服務將不會受到干擾中斷、全無差誤、或具備完全保障。在適用法律容許的範圍內，卓智互聯網對任何及所有保證 (包括適銷性、適合某特定目的及並無侵權的暗示保證) 不負責。在適用法律容許的範圍內，所有服務皆按「原樣」(AS IS) 基礎提供。 8. 損害賠償的限制 任何一方均無須就對方源自涉及本協議的任何損失的利潤或任何間接、特殊、偶發、隨而發生或懲罰性損失或任何類別的破壞或倘經合理努力後原本應可避免的損害賠償負責，即使有關方已被告知或應察覺上述損害賠償的可能性。 儘管協調有任何相反之處，卓智互聯網及其任何僱員、代理人或聯屬公司根據任何法律理論(包括違約、侵權法、嚴格法律責及侵犯)的最高總負債不得超過客戶應付三個月的服務費用金額。 9. 暫停/終止 (a) 暫停服務 – 客戶同意，卓智互聯網可可基於下列情況暫停客戶服務，無須另行通知及負責： (i) 卓智互聯網合理地相信，使用有關服務違反合理使用政策；(ii)客戶未能就進行任何涉嫌違反合理使用政策的合理調查提供合作；(iii) 卓智互聯網合理地相信，有需要暫停服務，以保護其網絡或其他客戶；或 (iv) 按照執法或規管機構要求。倘根據本分節所述暫停服務後恢復提供服務，客戶須向卓智互聯網繳付合理的恢復使用費。 (b) 終止 – 倘若卓智互聯網明顯實質上未能按照協議條款提供服務及在客戶給予合理詳盡描述未能提供服務情況的書面通知後十四 (14) 日內未能恢復提供正常服務，客戶可提，早於初始期限或任何續約期限屆滿前終止本協議而無須另行通知或負上法律責任。卓智互聯網可根據下列，提早於初始期限或任何續約期限屆滿前終止本協議而無須另行通知或負上法律責任：(i)倘若根據本協議，客戶有任何過期欠款未付；(ii)客戶明顯實質上違反本協議任何其他條文，包括合理使用政策及在卓智互聯網給予合理詳盡抽述違約情況的書面通知後三十(30)日內未能更正有關違約；(iii)倘若客戶明顯實質上超過一次違反合理使用政策條款，於給予一(1)日書面通知後；(iv) 倘若客戶明顯實質上違反本協議第5節(客戶資料)，於給予一(1)日書面通知後。倘若對方承認無力償債，為其債權人的利益作出轉讓，申請破產或同類保護，未能於到期日如期支付債項，其所有或重大部份的資產已被委任受託人或破產管理人，或訂立協議延長或重新安排其所有或重大部份的債項，任何一方均可給予十(10)日書面通知後終止本協議。 10. 要求客戶資料 客戶同意，卓智互聯網可無須給予客戶通知：(i)向有關當局報告，謂卓智互聯網相信，客戶或客戶的任何客戶或最終用戶違反適用法律；及(ii)回應執法或規管機構的正式或非正式要求，或回應民事訴訟的正式要求(表面上符合上述要求的規定)，而提供其所具備關於客戶或客戶的任何客戶或最終用戶的任何資料。 11. 備份副本 客戶同意，儘管卓智互聯網有協議提供備份服務，客戶須就寄存於卓智互聯網的所有內容保持一份當時的備份。 12. 卓智互聯網的網絡改動 卓智互聯網的網絡升級及任何其他改動，包括但不限於更改其軟件、硬件及服務供應商可能影響客戶寄存的內容的顯示或運作及/或應用。卓智互聯網保留權利運用其合理商業酌情權更改其軟件、硬件及網絡，而無須就因此而導致對客戶的任何損害負責。 13. 通知 根據本協議給予卓智互聯網的通知須透過電郵傳送往電郵地址。而給予客戶的通知須過電郵傳送給訂單列明的基本客戶聯給人。通知須被視為於傳送當日收到。倘若該日並非營業日，則為傳送當日之後的第一個營業日。客戶可按照本節透過通知更改他或她的通知地址。 14. 不可抗力 倘若未能履行責任是由於卓智互聯網控制能力範圍以外的任何事件所致，包括但不限於電網的局部重大失效、互聯網的重大失效、天災、戰爭、暴動、叛亂、示威或其他有組織勞工行動、恐怖份子的活動、或業界普遍不會預防的其他嚴重事件或其他類型事件，均不會構成卓智互聯網違反其於本協議項下的任何責任。 15. 適用管治法律/爭議 本協議須受中華人民共和國香港特別行政區(「香港特區」)法例。香港法庭乃所有源自或涉及本協議的爭議的唯一審裁場地，各方同意不會爭議有關個人司法管轄權及放棄所有此外的反對。 16. 其他 各方承認及同意，對方就其商標、行業標誌、行業秘密、發明、版權及其他知識產權保留其本身的獨自擁有權及權利。未經對方事先書面同意，各方不得使用對方的名稱或商標。各方均視與對方的關係為獨立承辦商，而非合夥、合資或僱主/僱員的關係。各方不得自稱為對方的代理人。各方承認，並無就任何協議約束對方的權力或授權，而且將不會向任何人聲稱其具備該等權力或授權。客戶的購買訂單或其他業務表格均不會對卓智互聯網有約束力，惟已列入雙方正式簽署的書面協議的事項除外。一方未能或延遲強制執行本協議任何條文，並不表示其放棄有關該條文或本協議的任何其他條文的權利。一方放棄其於本協議項下的任何權利並非就先前、同期或 將來發生的事項(不論是否同類性質)放棄其他權利。本協議的標題並非本協議的一部分，僅為方便各方。下列條文於本協議期滿或終止後仍繼續生效：費用、彌償責任、條文限制的法律責任及免責保證、關於知識產權條文、及其性質及目的為於本協議終止後仍繼續生效的這類條文及其他條文。本協議並無第三方受益人。客戶未經卓智互聯網書面同意，不可轉變本協議。卓智互聯網批准轉讓與否，須視乎承讓人是否符合卓智互聯網的信用批准準則而定。卓智互聯網可轉讓本協議的全部或部份。 客戶同意及承認，卓智互聯網如有需要，可修訂、修改、修正及増補本協議及合理使用政策，以遵守其與個別有關當局或域名註冊處的不同協議，及目前或將來約束卓智互聯網的其他同類協議，及配合業務環境的變動。 本協議連同訂單及合理使用政策構成各方就此目的達成的完整及專屬協議，並取代任何先前的書面或口頭理解或通訊。 (中英文版本如有歧異,概以英文版本為準) ================================================= ================================================= (中英文版本如有歧異,概以英文版本為準) 卓智互聯網服務有限公司 合理使用政策 (AUP) 本合理使用政策規管使用卓智互聯網服務有限公司(「卓智互聯網」)提供的網頁寄存、虛擬專用伺服器、專屬伺服器及其他互聯網服務。違反本合理使用政策可能導致暫停或终止向閣下提供服務或引致法律行動。倘閣下與卓智互聯網就詮釋本合理使用政策出現爭議，須以卓智互聯網按照其合理商業判斷的詮釋為準。倘閣下與卓智互聯網對本合理使用政策有任何疑問，請聯絡卓智互聯網服務有限公司。 目錄表 令人反感之內容 保安 大量濫發商業電郵 濫發電郵 侵犯版權 被侵犯版權的通知 濫用互聯網 其他 免責聲明 令人反感之內容 閣下不可能經由卓智互聯網的服務刊發或傳送任何內容使卓智互聯網有理由相信： 是構成兒童色情； 是構成色情； 是逞過度暴力、煽動暴力、有暴力威脅、或含有騷擾內容或貶抑言論； 根據任何司法管轄權消費者保護法例，是不公平及具欺詐性的， 其中包括連鎖信及金字塔騙局； 是誹謗或違反任何人的私隱權； 是對任何人產生安全或健康的風險，對公眾產生安全或健康的風險，危害國家安全，或干擾執法調查； 是不適當地揭露另一方的商業秘密或其他機密或其他人的專有資料； 是有意協助他人抵觸有關技術版權的保護；是明顯地侵犯另一方的商標或行業標誌、專利、或其他產權； 是宣傳非法藥品、違反出口管制法例，與非法賭博或非法販運軍火有關連； 是其他非法行為或教唆使進行違反法例之行為；或 是惡意、欺詐性或可能導致受影響的網民對卓智互聯網進行報復的行為。 經由卓智互聯網服務「刊發或傳送」的內容包括網頁內容、電郵、張貼公告欄、聊天、或透過卓智互聯網所提供任何互聯網服務的其他類型的張貼或傳送。 保安 閣下須採取合理的保安預防措施。閣下須將閣下的密碼加以保密，並須定期更改密碼。閣下須保護閣下的帳戶，以免被包括但不限於病毒、間諜程式、木馬程式及其他有害之方法入侵。 大量濫發商業電郵 卓智互聯網客戶及/或卓智互聯網分銷商客戶均被禁止發出「垃圾郵件」。 詳情請參閱「垃圾郵件政策」。 http://www.website-solution.net/hosting_spam_email.html 濫發電郵 於任何人士已表示不希望收到濫發電郵之前或之後，閣下均不可以大量整批或個別形式濫發電郵。 閣下於使用卓智互聯網的服務時，須遵守進入或參與任何其他網絡的守則。 詳情請參閱「垃圾郵件政策」。 http://www.website-solution.net/hosting_spam_email.html 侵犯版權 閣下不可以任何形式刊發、分配或其他方法複製任何受版權法保護的音樂、錄像、圖表、軟件、藝術品、文章或其他作品，包括但不限於： 盜版軟件、黑客程式或附件、Warez網址、非法音樂網址、MP3s、MPEGs、ROMs、及 ROM等業餘作品。 除非閣下能確認已獲得作品版權擁有人授權以該形式複製該作品；閣下不可以任何形式刊發或售賣受版權法保護的貨品或資訊。 閣下不可在寄存網頁的伺服器、虛擬專用伺服器、或專屬伺服器安裝盜版軟件(沒有適當執照的軟件)及黑客程式等。 卓智互聯網將終止向侵犯版權的人士提供服務。 侵犯版權的通知 (數位千禧年版權法) 倘若閣下相信，有任何使用卓智互聯網網絡的人士侵犯閣下的版權，請將關於侵犯閣下版權的書面通知送交下列地址： 卓智互聯網服務有限公司 香港葵芳葵豐街 1-15 號盈業大廈 B 座 16 樓 1617A 室 閣下的通知須包括下列： 被指稱被侵犯版權的專有權擁有人授權代表的親筆簽名或電子簽名； 確定聲稱被侵犯版權的作品，或在某通知涵蓋某網址的多項文字版權，則提交該網址的該等作品的代表名單； 確定聲稱為侵犯版權的物料或成為侵犯版權活動之物料，包括被拆除或被禁止進入而變成失效，及使卓智互聯網得以找到有關物料的充分合理資料； 卓智互聯網得以充分而合理地聯絡閣下的資料例如地址、電話號碼及(如有)電郵地址； 閣下可以可靠地相信的陳述，指出關於投訴使用該物料的形式是未經該版權擁有人、擁有人代理人或法例授權。 聲稱有關通知的資料正確，及在作偽證將會受罰的前提下，聲稱閣下已獲授權代表所指稱被侵權的專有權擁有人的陳述。 濫用互聯網 閣下不可進行非法、濫用、或不負責任的行為，包括但不限於： 未經授權而進入或使用數據、系統或網絡，包括作出刺探、掃瞄或測試任何系統或網絡的弱點或違反保安或認證措施(包括屬於卓智互聯網及其客戶者)的任何嘗試、惟未經該系統或網絡擁有人明確授權； 監察任何系統或網絡的數據或交通，惟未經該系統或網絡擁有人授權； 干擾向任何用戶、主機或網絡提供的服務，包括但不限於進行郵件轟炸、衝擊、故意設法使系統超載及廣播攻擊； 使用任何互聯網帳戶或電腦而未經擁有人授權，包括但不限於，互聯網掃瞄(誘使他人釋出其密碼)，搶奪密碼、保安漏洞掃瞄及端口掃瞄； 偽造電子郵件或新聞群組張貼的任何TCP – IP包頭或標頭信息的任何部分；或 任何可能導致對卓智互聯網網絡進行報復的行為。 使用卓智互聯網網絡的形式重大干擾卓智互聯網其他客戶使用網絡，包括但不限於：下載網址、MP3 及遊戲伺服器等。 其他 關於寄存於卓智互聯網網絡的域名登記，閣下須具備檔案上的有效及實時資料。 免責聲明 卓智互聯網無責任及不會因本合理使用政策而承擔監察或監督我們客戶活動的責任，並免除對任何不當使用卓智互聯網網絡的任何責任。 關於本政策的查詢請電郵至 info@website-solution.net。 ================================================= ================================================= 域名登記 條款及條件 (中英文版本如有歧異,概以英文版本為準) 域名登記 條款及條件 使用卓智互聯網服務有限公司(「卓智互聯網」)的網址及卓智互聯網提供的所有電子服務，包括但不限於以下界定的域名服務，須以下列所載的條款及條件(「條款及條件」)為準。 使用域名服務前，請閱讀條款及條件。但域名服務的每一用戶若繼續使用域名服務，將不可撤銷地及無條件地接納及同意受不時經修訂的條款及條件約束。 1. 定義 1.1 域名 指任何透過卓智互聯網登記的域名。 1.2 域名服務 指透過卓智互聯網進行域名登記、維護、更新及其他的服務，及卓智互聯網就有關域名提供的網頁寄存及其他與互聯網有關的服務。 1.3 登記者指已透過卓智互聯網登記域名的任何個人、公司、組織或其他實體。 1.4 登記名冊指卓智互聯網維持的域名列表。 2. 一般守則 2.1 閣下聲明，閣下已閱看及同意受這些條款及條件約束。 2.2 閣下作為登記者使用，接納及同意於整個過程及於不時使用域名服務期間受這些條款及條件約束。卓智互聯網保留權利隨時修改條款及條件或域名服務的任何特點，事前無須另行通知域名服務登記者或獲其同意，而上述修改須於張貼在卓智互聯網網址或通知閣下後(視乎情況而定)即時生效。 2.3 閣下承認，透過卓智互聯網服務登記域名並不表示閣下成為存續於該域名的知識產權的所有人或擁有人。 2.4 閣下承認，於登記閣下域名後，關於閣下的個人資料，包括但不限於閣下的域名、聯絡閣下的資料、域名伺服器的名稱及閣下的登記詳情，將可供公眾閱看。 2.5 閣下承認，登記域名是基於先到先得的形式，及不可以登記已被他人登記的域名。卓智互聯網不保證閣下成功申請登記。 3. 知識產權 3.1 閣下保證，閣下將不會由於使用域名服務而侵犯法定權利，包括但不限於例如商標權利及版權的任何第三方知識產權。 3.2 閣下承認，卓智互聯網不會調查或審核所登記域名是否包含可能侵犯第三方法定權利及/或知識產權的名稱或字眼，及卓智互聯網不會負責源自上述侵犯第三方權利的任何損害賠償。 3.3 閣下同意，就任何閣下直接或間接侵犯第三方法定權利及知識產權而招致的任何損害賠償，向卓智互聯網及其關連或聯屬公司作出彌償。 3.4 倘卓智互聯網認為，閣下已透過使用域名服務侵犯第三方法定權利及知識產權，閣下同意卓智互聯網獲授權暫停向閣下提供域名服務，並刪除閣下於登記名冊上的域名。 4. 登記者的責任 4.1 倘閣下為個人，閣下須保證閣下已十八歲。倘閣下為公司、組織或法定實體，閣下須保證閣下是根據閣下所在地適用法例合法存在的實體。 4.2 閣下保證，閣下使用的域名服務遵守任何對域名服務具司法管轄權的國家法律及法規。 4.3 於登記使用域名服務後，閣下將獲給予一個帳戶ID、密碼及/或其他同類資料，使閣下得以進入使用域名服務。閣下同意，以機密、安全及保安的方式保管上述帳戶ID、密碼及/或其他同類資料。不論是閣下本人、或任何其他人士不正當地使用上述帳戶ID、密碼及/或其他同類資料進入使用域名服務，卓智互聯網概不負責。 4.4 閣下承認，卓智互聯網是一家根據中華人民共和國香港特別行政區(「香港」)法例合法存在的有限責任公司。因此，閣下同意，卓智互聯網有權就域名服務因應合理需要而推行或修改其政策及/或採取任何行動，使卓智互聯網得以遵守香港相關法律及法規的要求，而不會使閣下或與閣下有關連的任何第三方負起任何責任。 5. 費用及付款 5.1 卓智互聯網保留權利，隨時就進入使用部份或全部域名服務而收取費用。 5.2 閣下明確同意，不論基於任何理由，卓智互聯網不須退回閣下所繳付的費用及税項的全額或任何部份。 6. 個人資料 6.1 於閣下登記域名服務及不時使用域名服務後，卓智互聯網將要求閣下提供個人資料(按照香港法例第486章個人資料私隱條例定義)，須列載於任何域名服務的任何登記表格及從閣下或另一來源獲得的任何其他資料(「個人資料」)。閣下可不提供個人資料，但在這情況下，卓智互聯網保留權利，拒絕向閣下提供域名服務。 6.2 閣下聲明、保證及承諾： 6.2.1 閣下就登記及進入使用域名服務而向卓智互聯網提供的個人資料及其他資料真確無誤；及 6.2.2 閣下將不容許任何第三方使用閣下用戶ID及/或密碼或其他資料而得以使用或進入使用閣下於卓智互聯網的帳戶。 7. 免責聲明 7.1 卓智互聯網及其代理人、持牌人或其他第三方供應商： 7.1.1 不保證域名服務將全無中斷或全無錯誤； 7.1.2 不負責其他第三方供應商所提供的服務； 7.1.3 不擔保或保證，任何可從域名服務下載的物料不包含任何具破壞性的特點或病毒、蠕蟲或其他毒害，而閣下依靠域名服務及可透過域名服務獲得的任何物料。閣下單獨承擔這做法的風險。 7.2 本免除責任的聲明適用於任何未能履行的任何損失、破壞或傷害、差誤、遺漏、干擾、刪除、缺陷、停止傳送、不正確的數據傳送、互聯網交通或其他引起的延遲運作或傳送、閣下電腦或由於違反合約、民事侵犯行為、疏忽、或任何其他行動而引起的電腦病毒或其他有害物品、通訊線失效、盜竊或破壞或未經授權進入、更改或使用記錄。 7.3 閣下承認及同意，卓智互聯網不論基於任何理由，可不事先另行通知、根據有關政府或規管機構的意見、要求或命令暫停或永久停止給予閣下的域名服務，並從登記名冊上移除閣下的域名。在上述情況下，閣下承認及同意，卓智互聯網對由於暫停給予閣下的域名服務及從登記名冊上移除閣下的域名而導致閣下蒙受的任何損失、破壞或傷害概不負責。 8. 有限責任 8.1 卓智互聯網及其高級職員、代理人、持牌人或其他第三方服務供應商概不負責以任何方式與域名服務有關的任何類別的偶發、間接、隨而發生、特殊、懲罰或懲戒性的損害賠償，包括收入或利潤損失、業務損失或數據損失，或由於域名服務差誤、遺漏、干擾或其他不正確因素(包括但不限於基於違反這些條款及條件任何保證或其他期限)，儘管上述破壞、申索、損失或傷害是可預見或不可預見。向卓智互聯網提出申索的上限是閣下基於使用域名服務而已繳付的金額(如有)。 9. 暫停及終止 9.1 卓智互聯網可： 9.1.1 給予或不給予閣下通知而隨時停止或暫停域名服務或其任何部份，以便進行系統維護、升級、測試及/或修理；及/或 9.1.2 給予或不給予閣下通知而限制或暫停閣下進入使用任何域名服務 – 倘若卓智互聯網認為上述是於閣下使用域名服務後的適當行動。 9.2 任何一方可基於任何理由隨時以書面通知對方終止域名服務的訂購及登記。閣下須負責截至卓智互聯網使閣下帳戶失效為止所招致的任何費用(如有)。 9.3 據此作出的終止不得影響卓智互聯網對於終止日期前的任何違約或所招致責任的權利。 10. 卓智互聯網與登記者的通訊 10.1 卓智互聯網有權容許若干第三方賣家向閣下提供有關任何產品及服務的資料，除非閣下的登記顯示閣下不欲收到有關資料。 10.2 閣下同意，卓智互聯網可基於通知閣下更改或增添這些條款及條件及域名服務而向閣下於登記名冊記錄的指明電郵地址傳送電郵或數碼訊息。 11. 總則 11.1 卓智互聯網有權獨自酌情將其擁有這些條款及條件的權利及責任透過發出從屬特許證或分判合約轉給、讓渡或轉讓給任何第三方。 11.2 這些條款及條件須受香港法例管轄。閣下同意，任何源自及根據這些條款及條件的行動須受制於香港法庭的非專屬司法管轄權。 ================================================= ================================================= 反濫發電郵之條款及守則 作為對付在互聯網上日趨嚴重的濫發電郵問題，及保護互聯網上之資源及公眾之利益，卓智互聯網服務有限公司 (Website Solution) 訂立本反濫發電郵之條款及守則，所有客戶必須同意及遵守本守則作為使用 Website Solution 服務其中之條款。 濫發電郵被界定為在互聯網上充斥某電子信息的大量複本，而該信息是未經收件人許可而發出的，即收件人沒有要求索取這信息。濫發電郵信息會要求用戶做某些事情，例如前往某網站或購買某服務。這信息可以是電子郵件，但也同樣可以是另一種形式的電子信息，例如Usenet的文章。 (轉載自 http://www.hkispa.org.hk/antispam/，有關反濫發電郵之進一步資料，可瀏覽該網頁。) 1. Website Solution 之客戶及分銷商 (reseller) 及其客戶 (以下統稱為客戶) 必須同意及遵守不作濫發電郵之行為。 當有懷疑濫發電郵之活動發生時，Website Solution 會即時暫停有關懷疑濫發電郵客戶之戶口而不作事前通知。有關客戶須出示記錄或証明文件以証明已獲得收件者同意接收該電子郵件。如未能出示有關之証明， Website Solution 會將該個案列作濫發電郵處理。 2. Website Solution 之客戶將被禁止執行電子郵件轉發器。電子郵件轉發器可被用作及協助濫發電郵之用。執行電子郵件轉發器之客戶將會被終止服務而不作事前通知。 3. Website Solution 接獲之濫發電郵報告或投訴將會轉告客戶作進一步調查。如客戶未能在二十四小時內作出回應及提供合理並無濫發電郵之証明，Website Solution 將暫停或甚至終止該客戶之戶口，直至該濫發電郵之問題獲得解決，並有相應措施防止濫發電郵再發生。 如要舉報濫發電郵活動或提供有關資料，可連同該濫發電郵之內容及標頭電郵至 info@website-solution.net . ================================================================================================== Weebly Terms of Services (TOS): (applicable when your order includes Weebly Website Builder) Content guidelines These types of sites are not allowed on Weebly: Adult: involving nudity in a sexual context, exposed genitalia or adult themes Copyrighted Content: music, movies or games that you do not own the rights to Hate Speech: content that promotes violence or incites hatred against certain individuals or groups, such as race, religion, ethnicity, gender, or sexual orientation. The foregoing are examples, and not meant to constitute an exhaustive list of individuals or groups that may be the target of hate speech. 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This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam”, such as (i) sending mass email to recipients who haven’t requested email from you or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting your site by posting multiple submissions in public forums that are identical; contains software viruses, worms, Trojan horses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of the Service, computer software or hardware or telecommunications equipment, or may impact the ability of any Weebly user to access the Service; is intended to take advantage of a user such as “get rich quick,” “get paid to surf,” pyramid/multi-level marketing, or other dubious schemes; or is adult in nature, such as any nudity in a sexual context or any Content with adult themes or reveals exposed genitalia; harm minors in any way; “stalk,” “bully,” or otherwise harass another; impersonate any person or entity, including, but not limited to, a Weebly employee, 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; 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, state, federal or foreign laws or regulations. You must comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. If you use the Site, the Service, or the Materials outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation, rules regarding acceptable online conduct, data privacy, and export and import regulations of other countries; 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; use the Service as a forwarding service to another web site or to fraudulently manipulate Google or other SEO ranking or Facebook or other social networking or website “likes” and similar voting mechanisms; solicit a third party’s passwords or personal identifying information for unlawful or phishing purposes; exceed the scope of the Service that you have signed up for (e.g., by accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other user comments or content); include more than three ad units per page, or any advertising that greatly reduces the usability of the Site; upload files for the sole purpose of having them hosted by us and for use outside of a web site created using the Service (i.e., created with the Weebly editor); create a web site that provides an injurious user experience with custom programming. Examples include, but are not limited to, extreme flashing banners, excessive animated movement, or content that could provoke seizures in unsuspecting visitors; use, under any circumstance, any open source software subject to the GNU Affero General Public License v.3, or greater; Abuse our customer support email, chat, or telephone services or agents; or Take any other action while using the Service that is detrimental to the Service or Weebly’s reputation, as determined by Weebly in its sole discretion. We retain the right to terminate any account or user who has violated any of the above prohibitions. Selling Through Weebly Some of our Services and Materials may offer you the opportunity to sell or purchase goods and services through sites hosted or designed by Weebly (such goods and services, “Commercial Products”). We are merely providing the platform for buyers and sellers to conduct transactions for these Commercial Products. In order to sell through Weebly, you must be 18 years or older or at least the age of majority where you reside or from where you use our Services and you must provide your full legal name, current address, valid email address, and any other information requested by us. In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc. When a buyer purchases Commercial Products, payments will be processed through our third party payment service provider. Buyers of Commercial Products will be provided a notice when entering their payment information directing them to the third party payment service provider’s terms of service and privacy policy. These payment services are governed solely by the third party provider’s terms of service and privacy policy. We are not responsible for the actions of these third party service providers. In addition to the other rules and requirements described in these Terms, you must follow the rules listed below when offering, selling, or purchasing Commercial Products. YOU WILL NOT: offer or sell any Commercial Products that: are illegal or potentially illegal, including those that are counterfeited, stolen, or fraudulent. Commercial Products sold using the Services must comply with all applicable laws, including Commercial Products sold to individuals outside of the U.S.; infringe or have the potential to infringe the intellectual property or privacy rights of another or that may be libelous, slanderous, or otherwise defamatory; we determine, in our discretion, are inappropriate, offensive, pornographic, sexually explicit, or violent; or are manufactured as, or primarily intended to be used as, weapons, including firearms, restricted devices, or ammunition. We reserve the right to determine, in our sole discretion, whether Commercial Products constitutes “weapons” for purposes of these Terms; or use images or names of any third party (including notable personalities or celebrities) when offering or selling Commercial Products without first obtaining that third party’s permission. Fees/payment You may agree to a one (1) month, six (6) month, twelve (12) month or twenty-four (24) month contract agreement with Weebly. Some of the features on the Service require payment of fees, as described for each Service on the Site (“Fees”). If you sign up for these features, you must pay all applicable feature Fees. We reserve the right to change our prices and/or bundle certain parts of the Service together for pricing purposes, and may do so at any time. You authorize us to make any reasonably necessary inquiries to validate your account and financial information. All Fees are in USD and are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment thereof. If you purchase any Services that we offer for a Fee, you consent to Weebly, or our third party service providers, storing your payment card information and you authorize us to charge you (a) any Fees for Services you may purchase, and (b) any applicable taxes in connection with your use of the Services to the payment card you provide, and you will reimburse us for all costs associated with the collection of any overdue amounts, including any interest due for the same. If the payment card you provide expires and you do not provide new payment card information or cancel your account, you authorize us to continue billing you and you will remain responsible for any uncollected Fees. AT THE END OF THE CONTRACT TERM, YOUR CONTRACT WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL CONTRACT TERM OF THE SAME LENGTH UNTIL EXPLICITLY CANCELLED BY YOU, AND YOUR PREFERRED PAYMENT METHOD WILL BE CHARGED ACCORDINGLY. YOU MAY TURN OFF THE AUTO-RENEW FEATURE FOR YOUR CURRENT CONTRACT AT ANY TIME. YOU MAY SEND CANCELLATION REQUESTS BY CONTACTING US THROUGH HTTP://HC.WEEBLY.COM OR BY CALLING OUR HELP CENTER AT ANY TIME. Cancellation; Service Changes If you cancel the Service, your cancellation will take effect immediately. After cancellation, you will no longer have access to your web site and we may delete all information on your web site. We accept no liability for such deleted information or content. For as long as we continue to offer the Service, we will provide and seek to update, improve, and expand the Service. As a result, we allow you to access the Service as it may exist and be available on any given day and have no other obligations, except as expressly stated in these Terms. We may modify (e.g., change data storage or capacity limits), replace, refuse access to, suspend or discontinue the Service, partially or entirely, or change and modify prices for all or part of the Services we offer in our sole discretion. All of these changes are effective upon their posting on our site or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and or discard any Content available as part of your account, with or without notice if deemed by us, in our sole discretion, to be contrary to these Terms. For avoidance of doubt, we have no obligation to store, maintain, or provide you a copy of any Content that you or others provide when using the Service. We also reserve the right to limit or cease phone or chat support to you if you consume a disproportionate amount of such customer services or otherwise negatively affect our ability to provide support to other customers (as determined in our sole discretion). Money Back Guarantee All paid Weebly accounts, except month-to-month accounts, include a 30-day money back guarantee. If you are dissatisfied with such account service for any reason, you can receive a full refund if you cancel your account within 30 days of activation, or within 30 days of your contract being renewed. Please direct refund requests to http://hc.weebly.com with the subject line: Refund Request. At any time during your contract term, you may upgrade or downgrade your service with Weebly. In the event of a service downgrade, a prorated credit will be issued to your Weebly account for the difference in the cost of the two services for the remainder of your original contract term. This credit will be applied to future months of service with Weebly, and cannot be refunded to you in cash. Downgrading your account may cause the loss of Content, features, or capacity of your account. We do not accept any liability for such loss. Third Party Services, Software, and Websites; No Implied Endorsement Weebly is not responsible or liable for any loss or damage incurred as a result of your use of any third party’s service, product, software, or website, including but not limited to any content thereon such as text, documents, designs, images, clips, photographs, videos, artwork, graphics, audio, audio-visual files, messages, interactive and instant messaging, posts, functions, files, documents, or other materials (collectively, “Third Party Materials”) whether or not you were linked to or directed to any Third Party Materials through the Site or Service. Weebly does not endorse or assume responsibility for any Third Party Materials and makes no guarantee regarding the reliability, accuracy, nature, origin, quality, or use of such Third Party Materials. You are solely responsible for ensuring that your use of any Third Party Materials, including those made available through the Site or Service, is done solely in accordance with all relevant laws, and the terms and conditions of any applicable licenses or other agreement. In no event shall Weebly be liable to you or any third party for your use or alleged use of any Third Party Materials. Further, Third Party Materials, such as email, e-commerce and payment services including but not limited to, Authorize.net, PayPal, Square, and Stripe payment options, may be subject to the applicable third party terms of service and privacy policies, and you are solely responsible for reviewing, agreeing to, and complying with any such terms before you use any Third Party Materials. Your use of any Third Party Materials is at your own discretion and risk. If you do not agree to the third party’s terms of service or license agreement, do not download or use the Third Party Materials. Your use of any Third Party Materials obtained through the Service does not transfer to you any rights, title, or interest in or to the Third Party Materials beyond the terms contained in the third party provider’s terms of service or license. Any reference on the Site to any Third Party Materials is not an approval or endorsement by us of such Third Party Materials. Third Party Payment Processors: Weebly uses third party payment processors to assist us in securely processing your personally identifiable payment information. Such third party processors’ use of your personal information is governed by their respective privacy policies which may or may not contain privacy protections as protective as the Weebly Privacy Notice. Payments are currently processed and managed using the third party vendors below. We will inform you which payment processors are used when processing your payments. net –privacy policy PayPal – privacy policy Square –privacy policy Stripe –privacy policy Apple Pay –privacy policy Android Pay –privacy policy Apple Pay and Android Pay are automatically activated for users who have selected Stripe as their payment processor. If you do not wish to accept Apple Pay or Android Pay as a payment type, it is your responsibility to deactivate Apple Pay and/or Android Pay. You can deactivate these payment options in your Store checkout settings. Your use of Apple Pay and Android Pay constitutes your acceptance of Apple Pay’s Acceptable Use Guidelines and/or Google/Android Pay’s (API) Terms of Service. Themes If you choose, you may contribute website themes (“Custom Themes”) to the Service for use by other users. You hereby grant and agree to grant us an exclusive, perpetual, sublicensable, worldwide, irrevocable, royalty-free right and license to use, copy, modify, and create derivative works of any Custom Themes contributed by you to the Service, including the HTML code and associated media assets. Designer Platform Terms If you use our Designer Platform Service to design a web site (a “Client Website”) for a third party (your “Client”), your use of the Service shall be subject to the additional terms set forth in this Section 15. Your relationship with your Client is strictly between you and the Client. We will not be a party to any agreement you have with your Client. The manner and means that you choose to perform your services are in your sole discretion and control; however you agree to perform these services in a timely and professional manner, consistent with industry practice and in conformance with these Terms. You accept full responsibility for all Client Websites under your account and for each Client Website’s adherence to these Terms. While we intend to allow you to resell the service under a private label, this private label is in no way guaranteed and we will in no way be held responsible for any failure to maintain its private label. In the event your Client contacts us, we will direct them to contact you. In the event you fail to support your Client and we receive a request from your Client stating that you have not been responsive, we reserve the right to support your Client directly. Payments for your use of the Designer Platform Service are calculated on a per website basis. Each Client Website under your account that is published live to a Client’s domain will incur monthly service charges. These service charges are billed to the credit card on file for your Weebly account. Service charges are billed each month for the upcoming month’s service, based on the total service charges of all Client Websites. If a new Client Website is published mid-month, a pro-rated amount will be included on your next month’s invoice. No refunds will be given for any days remaining in your current billing cycle. You understand and agree that you, as the Account Holder, are ultimately responsible for payment for every Client Website under your account. If, at any time, the billing obligations of any Client Website are not met, we will have the right to disable the Client Website until the billing obligation is met. Resale of Service You will not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission, which may be in the form of a separate written agreement with Weebly (such as the Weebly Cloud Agreement). Weebly is often used by Designers to design websites for a third party. Such use is explicitly permitted under the Designer Platform terms above. Should you design websites for third parties on any other version of Weebly other than the Designer Platform, such sites must each have their own account controlled by the third party, and you may not group multiple client sites under one account owned by you. Domain Name Registration, Domain Name Cancellation, and Change of Registrar For the domain name registration services (the “Domain Services”) provided directly to you by Weebly, the following terms and conditions also apply. Your use of the Domain Services provided by Weebly serves as your consent to these terms. Some of the service packages include Weebly registering an Internet domain name or renewing your existing domain name (the “Domain Name”) on your behalf. For the purpose of procuring and/or maintaining domains, Weebly will act only as the agent between you and the domain name service provider responsible for domain name allocation (the “Registrar”), which will be Register.com. All new registrations and subsequent renewals of those registrations will therefore also be subject to the Register.com terms and conditions located at: http://www.register.com/policy/servicesagreement.rcmx. Weebly reserves the right to utilize another domain name service provider at any time, in which case the terms and condition of such organization will apply complementarily to these Domain Terms and such other domain name service provider shall be deemed a “Registrar” for purposes of these Terms. Weebly may provide one (1) free domain name for up to one year, with a new purchase of an annual or bi-annual subscription plan. The domain will be included for the lifetime of your Weebly account, and the domain will be registered in your name and is yours to keep, as long as you cover any applicable domain registration fees following the first year. The free domain name only applies to certain top-level domains (e.g. .com, .net, and .org) when signing up for a new plan. You are responsible for providing correct and complete data regarding the domain name holder (“Registrant”) and the administrative contact when registering the domain name. The technical contact in all cases will be Weebly, Inc. Before applying for a domain name, it is your responsibility to check that the domain name does not violate the rights of any third party or contravene any applicable law, rule or regulation. We may defer activation of a domain name until payment of the agreed fees for the registration services has been received. Weebly is in no position to influence the allocation of the domain name by the Registrar. We can neither guarantee that the requested domain names will be allocated to you and/or that allocated domain names are free of third-party rights nor guarantee their continued existence. Any information we provide regarding the availability of a domain name is based on the data provided by third parties and only refers to the time that information is requested. The domain will not be deemed as allocated before registration of the domain in the name of you, the Registrant, and its entry in the database of the Registrar. The initial registration term for purchased domains may vary and such registration will auto-renew for successive 12-month periods. You will be charged for auto-renewal forty-five (45) calendar days before your domain expires (even if that date differs from your Weebly website subscription renewal date). You can, of course, opt out of auto-renewal by turning off the auto-renew option in your settings at any time before the auto-renewal takes effect. Each purchased domain name is registered in your name and is yours to keep, as long as you pay the applicable fees. If you purchase a new domain, or renew an existing domain, and cancel your purchase within the first thirty (30) days by contacting http://hc.weebly.com, you may receive a full refund. Your right and title to your domain name allows you to transfer a purchased domain to another domain provider; however, you will not be eligible for a refund of registration fees paid to Weebly for transferred domains. Regardless of the identity of the Registrant or any other contact information in your domain name records, any domain name registered through Weebly using your Weebly account is covered by these Terms. Maintaining accurate and current billing information is a mandatory condition of maintaining your Weebly account. Such data must include the full and real name of the Registrant, a physical mailing address (PO boxes or anonymous addresses are not permissible), a valid email address and telephone number. If this information changes, you must immediately inform us of this change by updating it online. Please note that if your billing information, including your current credit card information, is not current, we will not renew your Domain Services and they may subsequently expire. Subject to these Terms and those of the Registrar, you may transfer all domain names registered through us to another domain name service provider by following the online instructions provided by Weebly. Should we, due to failure on the part of you, the account holder, or the new domain name service provider, be unable to make the domain transfer to your new domain name service provider, we are expressly entitled to have the cancelled domain name deleted by the relevant domain name service provider after the cancellation date has lapsed. We reserve the right to allow domain transfers only if you have settled all undisputed pending claims with us. It may not always be possible to recover a domain name after it has expired, and Weebly has sole discretion in determining when a domain name can be renewed post-expiry and what fees will be applicable. If you forfeit a domain name for non-payment, Weebly will have the right, in its sole discretion, to: (a) register and use the domain name for its own purpose; (b) sell or transfer the domain name to a third party; or (c) delete the domain name and allow any new registrant anywhere in the world to register the domain name anew. Further, you agree that Weebly may charge the credit card you have on file with Weebly to recover any amounts outstanding on your account. On certain occasions, domain name registrations may become the subject of a legal challenge. If Weebly is made a party to any legal action by virtue of one of your domain name registrations, you agree to be responsible for all of Weebly’s costs and legal fees and to indemnify and hold Weebly harmless from any action. If Weebly is notified that a complaint has been filed with a judicial or administrative body regarding your domain name, Weebly may, at its sole discretion: (a) suspend your ability to use, make modifications to, or transfer your registration records; and/or (b) deposit control of your registration record with the appropriate judicial entity by supplying a registrar certificate from us. You must notify us immediately if you lose the rights to a domain name registered by Weebly on your behalf. Email Marketing Service For the email marketing services provided directly to you by Weebly (the “Email Marketing Service”), the following terms and conditions also apply. Your use of the Email Marketing Service serves as your consent to these terms. Weebly may suspend or terminate your access to and use of the Email Marketing Service if you do not comply with these terms. Your use of the Email Marketing Service must comply with all applicable domestic and international laws. This includes the laws applicable to you and also laws applicable to Weebly and all recipients to whom you intend to send emails (each a “Recipient”). Examples of applicable laws include laws relating to spam or unsolicited commercial email (hereinafter “Spam” or “UCE”), privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, homeland security, gambling, child protection, and other applicable laws. It is your responsibility to know and understand the laws applicable to your use of the Email Marketing Service and the emails you generate and send through the Email Marketing Service. Your use of the Email Marketing Service must also comply with the Privacy Notice applicable to the Email Marketing Service. Weebly’s Privacy Notice is available here. You are solely responsible for your products and services and any other promotion and Content contained in or referred to in your emails sent through the Email Marketing Service. You agree to use the Email Marketing Service in a lawful, safe, and professional manner, consistent with industry best practices, including keeping reliable records. You are solely responsible for any and all statements you make and for all user assistance, warranty and support of your products and services. Your use of the Email Marketing Service must follow all applicable guidelines established by Weebly. The guidelines below are examples of practices that may violate these Terms when generating or sending email or messages through the Email Marketing Service: You will not: Use the Email Marketing Service in violation of Weebly’s Terms of Service or of any law applicable to you or your Recipients; Use the Email Marketing Service to send Spam. You must ensure that all Recipients have explicitly granted permission to receive emails from you by affirmatively opting-in to receive those emails. All emails and messages sent by means of the Email Marketing Service must comply with our Anti-Spam Policy, as outlined below: Weebly has a no tolerance Spam policy and does not knowingly and intentionally do business with any user or company that participates in sending Spam/UCE. We do not sell or exchange personal information from our opt-in lists. An email is Spam if, among other things: (a) the Recipient’s personal identity and context are irrelevant because the message is equally applicable to many other potential recipients; (b) the Recipient has not verifiably granted deliberate, explicit and still-revocable permission for it to be sent; and (c) the transmission and reception of the message appears to give a disproportionate benefit to the sender. Spam is an issue of consent, not content. A Recipient should “affirmatively opt-in,” or expressly consent to receiving the message, either in response to a clear and conspicuous request or at the recipient’s own initiative. The U.S. CAN-SPAM Act regulates and establishes requirements for commercial messages, gives Recipients the right to have you stop emailing them, and spells out tough penalties for violations. Other international regulations and laws also apply to electronic marketing, and while we cannot give legal advice, we encourage you to become familiar with these laws, especially if you live in or mail to recipients outside the U.S. If you receive Spam complaints or run into compliance problems, or if Weebly identifies a potentially problematic contact list, we will first ask questions to try to understand your business as well as your marketing goals. If we determine that a list is not consent-based or is too old or problematic to work with, we will require that it be removed from your account. In certain instances, we may ask you to find another service provider because our goals are simply not compatible. Please refer to ourEmail Marketing FAQ located in the Help Center for further guidance on how to become a responsible mailer, as well as the additional ways that Weebly helps protect against sending unwanted or unsolicited email. If you feel a Weebly user is sending unsolicited email, you can report it to us by sending it toabuse@weebly.com. Use the Email Marketing Service to request, collect or send any non-public or personally identifiable information about another user or any other person without their express prior written consent (or the parent’s consent in the case of a minor), illegal information, or any other information you do not have the right to request, collect or distribute; Use the Email Marketing Service to send email campaigns that link to or display pornography, other sexually explicit content, illegal goods or services, or any other Content that Weebly deems inappropriate in its sole discretion; Transmit any message, information, data, text, software or image, or other Content that is not owned by you or legally licensed to you, or is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may violate another’s right of privacy or publicity; Send through the Email Marketing Service any unethical, false or misleading advertising, promotions, or sales efforts and practices; Post or transmit any materials that contains a virus or corrupted data; Use purchased or rented email lists; Use third party email addresses, domain names, or mail servers without proper permission; Send emails to non-specific addresses (e.g., webmaster@domain.com or info@domain.com) or distribution lists, newsgroups, publicly available press or media addresses or purchased email addresses; Send emails that result in an unacceptable number of Spam or UCE complaints (even if the emails themselves were not actually Spam or UCE); Disable or fail to include a working “unsubscribe” link in every email, which allows the Recipient/s to remove themselves from your mailing list. Each such link must remain operational for at least 60 days after the date on which you send the message, and you agree that you will not remove, disable or attempt to remove or disable the link; Disable or fail to comply with any request from a Recipient to be removed from your mailing list within seven (7) calendar days of receipt of the request. You cannot charge a fee, require the Recipient to give you any personally identifiable information beyond an email address, or make the Recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an unsubscribe request. As required under the U.S. CAN-SPAM Act and other applicable laws, you acknowledge that you are responsible for maintaining and honoring the list of unsubscribe requests following termination of your Weebly account, for any reason whatsoever; Disguise the origin or subject matter of any email or falsify or manipulate the originating email address, subject line, headers, or transmission path information for any email. For any email or message sent by you using the Email Marketing Service, (a) the “from” line must accurately and in a non-deceptive manner identify your identity or your organization’s identity; and (b) the “subject” line of your email must relate to the email’s actual content and must not contain any deceptive or misleading content regarding the overall subject matter of the email message. You agree that you are the sole or designated sender of any email you send through the Email Marketing Service, pursuant to any law or act applicable to your use of the Email Marketing Service (e.g., U.S. CAN-SPAM Act of 2003, Canada’s Anti-Spam Legislation, S.C. 2010, c. 23 and Directive 2003/58/EC of the European Parliament and of the Council of 12 July 2002), and as such you are required to comply with such laws and any other laws in other jurisdictions that apply to your use of the Email Marketing Service, and be responsible for any violation of any such applicable laws. Fail to include in each email your valid physical mailing address (which if you are located in the United States, may be a valid post office box meeting the registration requirements established by the United States Postal Service) or a link to that information. For Recipients based in the EU, each email must additionally include the sender’s business registration number and VAT ID or a link to that information; Include “junk mail”, “chain letters”, “pyramid schemes”, incentives (e.g., coupons, discounts, awards, or other incentives) or other material in any email that encourages a Recipient to forward the email to another recipient; or Fail to comply with export and import regulations for the U.S. and other countries. Some industries yield higher than normal abuse rates for Spam. Thus, the Email Marketing Service may not be used on behalf of certain industries and senders. This includes, but is not limited to, the following: Pharmaceutical products; Work from home, make money online, “get rich schemes”, and lead generation opportunities; Online trading, day trading tips, or stock market-related content; Mortgage and loan content; Nutritional, herbal and vitamin supplements; Gambling services, products, or tips; Multi-level marketing; Affiliate marketing or any type of performance marketing, in which a business rewards or otherwise incentivizes one or more affiliates for each visitor or customer brought by the affiliate’s own marketing efforts; Credit repair and get out of debt opportunities; and Counterfeit or “knock off” products appearing to be another brand. It is your responsibility to ensure that the Content you put in your emails does not violate these guidelines. Although Weebly has no obligation to do so, we may monitor your account to ensure compliance with these Terms and operation within the acceptable industry standards. In our sole discretion, we reserve the right to block emails, remove Content, or prohibit use of the Email Marketing Service that may be in violation of the foregoing or of the Terms (including SendGrid Terms). You understand and agree that we and any applicable third party that supports, posts, publishes or distributes your emails and Content also has the right to reformat, edit, monitor, reject, block or remove any of your emails and Content and suspend or terminate the Email Marketing Service, in whole or in part, permanently or temporarily. In no case will the foregoing make us responsible or liable to you for compliance with any such laws or obligations, for which you remain solely responsible and liable. If you know of or suspect any violations of these Terms, please notify Weebly here. Weebly will determine compliance with these Terms in its sole discretion and reserves the right, without notice, to take all measures of any nature (legal, technical, or otherwise) or prevent UCE and/or any other unauthorized email, messages or campaigns from entering, utilizing or remaining within our network. We may terminate the Email Marketing Service and your Weebly account at any time and for any reason. If your account is terminated, we may permanently delete it and any associated data. In order to provide the Email Marketing Service, we currently use SendGrid’s API (www.sendgrid.com); hence, your use of the Email Marketing Service is also governed by SendGrid’s terms and policies, as now effective and/or as may be effective in the future (“SendGrid Terms”), including, without limitation, SendGrid’s Terms of Use and SendGrid’s Privacy Policy. SendGrid Terms are in addition to these Terms, and you shall comply with both as applicable to the Email Marketing Service. Weebly is under no obligation to notify you of any changes to the SendGrid Terms. We may terminate any Third Party Service, including SendGrid, in our sole discretion at any time, without notice to you, with no liability to you or to the third party. Any such termination or any act by a Third Party Service may impact our ability to make available some or all of the features of the Email Marketing Service, and we will not be liable to you or to any third party for any such actions. We will obtain any information that you provide us in connection with your use of the Email Marketing Service, such as contact lists (including email addresses and any other information contained in such lists) and Content posted or used by you for the Email Marketing Service, or in any other manner. We acknowledge your ownership rights in such contact lists (“Customer Information”) and Content. We won’t sell or rent your Customer Information without your prior explicit permission or use your Customer Information for any purpose other than as described in our Privacy Notice and in these Terms. SendGrid may also use the Customer Information and other information provided by you as part of the Email Marketing Service, in accordance with the SendGrid Terms. You hereby grant to us a revocable, non-exclusive, royalty-free, worldwide license, with the right to sublicense, use, reproduce, publish, distribute, perform and display Customer Information, only as required by us to offer and operate the Email Marketing Service. You are solely responsible for the accuracy, quality, integrity, legality, reliability and appropriateness of all Customer Information. You are responsible for maintaining, securing and storing all Customer Information in accordance with applicable law and your contractual obligations, including these Terms. You represent and warrant that you own or have rights in the material in your emails and the Customer Information required for us to use the Customer Information as contemplated by these Terms. When using the Email Marketing Service, you agree that any emails and messages and Content contained therein are non-confidential, and you automatically grant or warrant that the owner of such Content or intellectual property has expressly granted to us an irrevocable, non-exclusive, royalty-free, perpetual, transferable, worldwide license, with the right to sublicense, to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display such Content or intellectual property in any manner or in any media now known or hereafter created, including in connection with our marketing and promotional activities. To the extent permitted by law, we may make and preserve copies of all Customer Information as necessary to provide the Email Marketing Service and for internal back-up and other legal or regulatory purposes. However, we are not obligated to preserve copies of your Customer Information, emails and messages, Content or other data. You are responsible for backing up your Customer Information. We make no representation or warranty that the content and materials on our website and/or the Email Marketing Service are appropriate for use in locations outside the United States. Those who choose to access the Email Marketing Service from other locations do so at their own risk, and are responsible for compliance with applicable local laws. We reserve the right, at any time and in our sole discretion, to limit the availability, quantity, and accessibility of the Email Marketing Service to any person, geographic area, or jurisdiction. Indemnity You will indemnify, defend, and hold harmless Weebly, and its subsidiaries, licensors, affiliates, officers, directors, agents, co-branders, partners, employees, successors, and assigns (collectively “Indemnified Parties”) from any and all liability, loss, claim, damages, expenses, costs or demands, (including but not limited to reasonable attorneys’ fees), incurred or made against the Indemnified Parties by any third party in connection with any claim arising from or related to: (a) your use (or anyone using your account/s) use of the Service, the Site or the Materials, (b) your Content, (c) any Commercial Products you offer on or through the Site or using our Services, or (d) your use of the Domain Services. This includes, but is not limited to, any breach or violation of these Terms by you or anyone utilizing your account. You must fully cooperate at your expense as required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party. Disclaimer of warranties YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM 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. WE ARE 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 NONDELIVERY 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. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. WEEBLY 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 SERVICE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND 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. ANY DATA, INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR MADE AVAILABLE IN CONNECTION WITH THE SERVICE IS NOT INTENDED AS A SUBSTITUTE FOR THE KNOWLEDGE, EXPERTISE, SKILL AND JUDGMENT OF TAX, LEGAL OR OTHER PROFESSIONALS. THE SERVICE DOES NOT PROVIDE TAX OR LEGAL ADVICE. YOU ARE RESPONSIBLE FOR OBTAINING SUCH ADVICE AND WE ENCOURAGE YOU TO DO SO PRIOR TO, AND IN CONJUNCTION WITH, USING OUR SERVICE. THESE TERMS APPLY SOLELY TO THE SERVICE. AS PART OF THE SERVICES PROVIDED TO OTHER WEEBLY USERS, WE HOST WEBSITES FOR CERTAIN THIRD PARTIES (“THIRD PARTY SITES”). THIRD PARTY SITES INCLUDE CONTENT GENERATED BY THIRD PARTIES AND ARE NOT UNDER THE MANAGEMENT AND CONTROL OF WEEBLY. WEEBLY IS NOT RESPONSIBLE FOR SUCH THIRD PARTY SITES, INCLUDING WITHOUT LIMITATION, THE ACCURACY, SUFFICIENCY, CORRECTNESS, RELIABILITY, VERACITY, COMPLETENESS OR TIMELINESS THEREOF, ANY LINK CONTAINED THEREIN, OR ANY CHANGES OR UPDATES THERETO, OR ANY GOODS OR SERVICES SOLD THEREON. YOUR ACCESS OR USE OF ANY THIRD PARTY SITE IS GOVERNED BY THE TERMS APPLICABLE TO SUCH THIRD PARTY SITE. THE HOSTING OF ANY THIRD PARTY SITE BY WEEBLY DOES NOT IMPLY AN ENDORSEMENT THEREOF BY WEEBLY, OR OF THE PROVIDER OF SUCH CONTENT OR SERVICES, OF ANY THIRD PARTY SITE. NEITHER WEEBLY NOR ANY THIRD PARTY PROVIDERS, PARTNERS, OR AFFILIATES WARRANT THAT THE SITE, ITS SERVERS, THE MATERIALS OR THE SERVICE, OR ANY EMAIL SENT FROM THE SITE OR ANY THIRD PARTY PROVIDERS, PARTNERS, OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WEEBLY AND ITS LICENSORS MAKE NO WARRANTY OR REPRESENTATION THAT THE SERVICES, MATERIALS, OR SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. Limitation of Liability TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WEEBLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) 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; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SERVICE. IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICE, OR THE MATERIALS, YOUR SOLE AND EXCLUSIVE REMEDY, AS PERMITTED BY APPLICABLE LAW, IS TO CEASE USING THE SITE, THE SERVICE, AND THE MATERIALS. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER WEEBLY, ITS AFFILIATES, NOR LICENSORS SHALL BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, THE SERVICE, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE SITE, THE SERVICE, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE. Exclusions and Limitations SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS SET FORTH IN SECTIONS 20 AND 21. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 20 AND 21 MAY NOT APPLY TO YOU. U.S. Government Restricted Rights The materials on the Service are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of our proprietary rights in them. Agreement to Arbitrate; Class Waiver We want to address your concerns or issues before filing a claim against Weebly. Please contact us at http://hc.weebly.com. We’ll contact you by email to informally resolve the dispute. You or Weebly may start a formal dispute resolution process if a dispute is not resolved within 30 days of your submission. YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS AND YOU WILL NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION (E.G., CLASS ACTION, CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR CONSOLIDATION WITH OTHER ARBITRATIONS). Any claim relating to these Terms that is not resolved through our informal process, or as set forth below, will be settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with JAMS Rules. The arbitration will take place in San Francisco, California, in the English language, and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding arising from these Terms will be entitled to costs and attorneys’ fees. If any part of these Terms is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service, or to enforce intellectual property rights (e.g., copyright, trademark, trade secret, or patent rights) without first engaging in our informal dispute resolution process or arbitration. In the event this agreement to arbitrate does not apply to you or your claim, any judicial proceeding will be brought in the federal or state courts of San Francisco County, California. You and Weebly agree to submit to the personal and exclusive jurisdiction of the courts in San Francisco, California. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. Notice to Users in California Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Weebly, Inc., 460 Bryant St., #100, San Francisco, California 94107 USA. General We may provide notices to you via either email or regular mail. The Service may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Service. These Terms and the relationship between you and Weebly shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Weebly agree to submit to the personal and exclusive jurisdiction of the courts located within San Francisco, California. The failure of Weebly to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements (including, but not limited to, any prior versions of these Terms). You also may be subject to additional terms and conditions that may apply when you use affiliate or other services, third-party content or third-party software. If any provision of these Terms 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 these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action brought by you arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. You acknowledge and agree that you are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, more than one person’s claims may not be consolidated under any circumstances, in any form of any class or representative proceeding or otherwise. Violations Please visit our Abuse page to report any violations of these Terms.