Last updated: January 19, 2011
You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service. If you are using or creating a Website on or through FreeWebsiteDesign.ca as a representative of a company or legal entity, (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms “you” and “your” in this Agreement refers to your company or legal entity.
Use of and Membership in the Services is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age and older; and (d) your use of the Services does not violate any applicable law or regulation. Your Website (if applicable) may be deleted and registration terminated without warning, if we suspect that you are under 13 years of age.
Our basic website design and hosting solution is offered for a charge of $12 per month. You will also have the opportunity to upgrade your account and additional features as may be made available by us. See sections below for specific terms relating to our paid services and payment terms.
You control the Websites you create using our Services and we do not claim any ownership rights in any text, images, photos, videos, sounds, musical works, postings, messages, tags, works of authorship, or any other work or authorship added to or submitted with any of the foregoing (collectively, “Content”) posted by you or by Visitors or Members of your Websites. Therefore, FreeWebsiteDesign.ca takes no responsibility for any Content located in your Website and FreeWebsiteDesign.ca has no obligation to monitor such Content or your Website. You are therefore responsible for the removal of any such Content that is in violation of these Terms of Service and ensuring compliance with these Terms of Service.
Proprietary Rights to Content
By displaying or publishing (“posting”) any Content on or through the Services, you hereby grant to FreeWebsiteDesign.ca a limited license to use, modify, publicly perform, publicly display, publish, reproduce, distribute, list information regarding, edit, translate, and make derivative works of such Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use solely in connection with the Services.
The following is a partial list of the kind of Content and activity that is prohibited on any Website and through the use of the Services. FreeWebsiteDesign.ca reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, with or without prior notice, and without liability if we believe you are in violation of this provision.
FreeWebsiteDesign.ca further reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting it to, and cooperating fully with, law enforcement authorities. Prohibited Content and activity includes, but is not limited to, Content or activity that in the sole discretion of Webs: may constitute or contribute to a crime or tort; is illegal, misleading, harmful, malicious, hateful, threatening, bullying, harassing, discriminatory, invasive of personal privacy or publicity rights, humiliating to other people (publicly or otherwise), libelous, pornographic, or that contains nudity or graphic or gratuitous violence; communicates any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or otherwise infringes or violates someone else’s rights; involves sending or otherwise posting unauthorized commercial communication (such as spam); engages in unlawful multi-level marketing, such as a pyramid scheme; solicits login information or accessing an account belonging to someone else; solicits or posts personal identifying information from other Users, or knowingly collects any information from minors under the age of 13; obscures the advertisements we serve on your Website; makes automated use of the system, such as using scripts, bots, spiders or scrapers, to send messages, log into accounts, or collect Users’ Content or information; interferes with, disrupts, impairs or creates an undue burden on the Services or the networks or services connected to the Services; attempts to impersonate another person or entity, including, but not limited to, a Member or FreeWebsiteDesign.ca official, to falsely state or otherwise misrepresent your affiliation with a person or entity; provides false personal information on FreeWebsiteDesign.ca, or creates an account for anyone other than yourself without permission; involves selling or otherwise transferring your account without our prior permission; creates and maintains a Website that (i) redirects to another web page or (ii) stores or hosts content for remote loading by other web pages; uploads viruses or other malicious code; uses the Services to hyperlink to content not permitted on FreeWebsiteDesign.ca; facilitates or encourages any violation of these Terms of Service. FreeWebsiteDesign.ca Marks; Templates FreeWebsiteDesign.ca trademarks, logos, service marks, images, trade names and other distinctive branding features used in connection with the Services are the trademarks of FreeWebsiteDesign.ca and may not be used without permission. Other trademarks that may appear on our Services are the property of their respective owners. FreeWebsiteDesign.ca reserves the right to include within your Website applicable FreeWebsiteDesign.ca copyright and trademark notices for FreeWebsiteDesign.ca and links to our Website (FreeWebsiteDesign.ca ). All notices and links will be displayed consistently in such form and placement as determined by FreeWebsiteDesign.ca. For purposes of this Agreement, all designs offered by FreeWebsiteDesign.ca are copyrighted material and are considered part of FreeWebsiteDesign.ca. Such designs are offered for use to FreeWebsiteDesign.ca users under a limited license only, and are not offered for sale or unbridled use. Such license limits use of FreeWebsiteDesign.ca designs to Websites hosted by FreeWebsiteDesign.ca. FreeWebsiteDesign.ca designs may not be transferred to or hosted on another web host or Internet Service Provider.
All prices are subject to change from time to time. FreeWebsiteDesign.ca may choose to temporarily change the fees for the hosting plans for promotional or new services, and such changes are immediately effective when FreeWebsiteDesign.ca posts the temporary promotional event or new service on FreeWebsiteDesign.ca. Any changes to fees for hosting plans immediately posting such changes on FreeWebsiteDesign.ca. Unless otherwise stated, all fees are quoted in C.AD. Dollars.
By subscribing to a hosting plan including a domain name registration, you also agree to be bound by the terms and conditions of the GoDaddy Service Agreement. To the extent that any terms of the GoDaddy Service Agreement may conflict with these Terms of Service, the terms of the GoDaddy Service Agreement shall supersede and apply with respect to the Services.
In addition to Hosting Plans, you may purchase other paid services which may be provided as a one-time transaction or recurring subscription in connection with additional services. Such Paid Services may be provided solely by us affiliates or business partners.
Please note that if you enter into a transaction with a third-party, such as by purchasing an item through a Website hosted by FreeWebsiteDesign.ca, and have a dispute over the goods or services you purchased we have no liability for such goods or services. Although we may intervene in disputes between Users concerning payments, we have no obligation to do so.
You are responsible for paying all fees and applicable taxes associated with the Paid Services in a timely manner with a valid payment method. You authorize FreeWebsiteDesign.ca to charge your credit card, charge card, debit card, PayPal, or financial institution account (herein “Payment Method”) for all charges to your accounts with FreeWebsiteDesign.ca. When you provide a Payment Method to us, you confirm that you are permitted to use that Payment Method. You also authorize us to collect and store it, along with other related transaction information. When you make a purchase, you authorize us (and our designated payment processor) to charge the full amount to the Payment Method you designate for the transaction. For hosting plans, we only offer recurring payments; therefore, you agree that FreeWebsiteDesign.ca may automatically charge the fee to your Payment Method at the beginning of each recurring period. For example, if you choose a hosting plan with a annual plan, you will be billed every year on the anniversary date of the date you clicked the “Subscribe” button.
You are responsible for paying any governmental taxes imposed on your use of FreeWebsiteDesign.ca, including, but not limited to, sales, use, or value added taxes. If requested, you will promptly furnish to FreeWebsiteDesign.ca the applicable receipts and/or certificates regarding such remittances as soon as reasonably practicable. To the extent that FreeWebsiteDesign.ca is obligated to collect such taxes, the applicable tax will be added to your billing account.
You may not use profanity or others’ trademarks in the name, domain or subdomain of your Website.
You may not edit or remove the FreeWebsiteDesign.ca link at the bottom of your Website unless you pay the relevant fee.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). In addition, we will promptly terminate without notice the website of those determined by us to be repeat infringers. If you are a copyright owner and you believe that any content hosted by FreeWebsiteDesign.ca infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on our Services, such as by providing us the URLs to the content;
- your address, telephone number, and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The fastest way to reach our Copyright Agent for notices of claims of copyright infringement is by submitting this Automated DMCA form.
As a Member, you agree to have a policy for removing infringing Content and terminating repeat infringers that complies with the DMCA. In addition, you agree to promptly (and in any event in no later than 24 hours) address any copyright owner’s written notice (including any notices forwarded to you by Webs) that specified Content posted on a Website that you control infringes that third-party’s rights (including copyrights), provided that the notice substantially complies with the requirements in the DMCA. If you receive a counter-notice from the applicable User instructing you to replace the allegedly infringing Content, you agree to promptly comply with it to the extent required by law and to forward a copy of it to FreeWebsiteDesign.ca. FreeWebsiteDesign.ca may remove any allegedly infringing Content without any liability to you or to the User that posted such Content. In all such matters, we strongly recommend that you consult your attorney to confirm your obligations under the DMCA and other applicable laws. You are solely responsible and liable for complying with all applicable laws in connection with your Website.
It is our policy to provide notifications, whether such notifications are required by law or are for Service related purposes, to you via email or, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by FreeWebsiteDesign.ca in its sole discretion. By providing FreeWebsiteDesign.ca your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as updates, user communications, newsletters, changes to features of the Service, or FreeWebsiteDesign.ca offers. If you do not want to receive certain email messages, you may opt out by contacting us through email. Opting out may prevent you from receiving valuable messages regarding updates, improvements, offers, or communications from other Users. FreeWebsiteDesign.ca reserves the right to send you notices about your account even if you opt out of all voluntary email notifications.
Third Party Content and Interaction; Third Party Sites
You agree to comply with the license and restrictions applicable to each item of Content you post, copy, access, or use. You understand that by using FreeWebsiteDesign.ca Services you may be exposed to Content that is offensive, objectionable, or indecent, and that you use FreeWebsiteDesign.ca at your own risk. Content from other Users or third parties is made available to you through Websites and FreeWebsiteDesign.ca. The inclusion of any such Content on FreeWebsiteDesign.ca does not imply our affiliation or endorsement of such Content. Because FreeWebsiteDesign.ca does not control such Content, you agree that FreeWebsiteDesign.ca is not responsible for any such Content, including without limitation, any advertising and information about third-party products or services, or the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of any such Content. Your interactions with other Users and third parties on FreeWebsiteDesign.ca, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the User or third party as applicable. Like with any web-based interaction, we suggest that you use caution and good judgment. You agree that FreeWebsiteDesign.ca is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User’s or third party’s use or disclosure of your personal information. If there is a dispute between you and any third party (including any User), FreeWebsiteDesign.ca is under no obligation to become involved. You release FreeWebsiteDesign.ca, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other Users and third parties.
You agree to indemnify, defend, and hold harmless FreeWebsiteDesign.ca, its subsidiaries, and affiliates, and their respective officers, agents, co-branders or other partners, employees, and third party Paid Service providers from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) arising out of or relating to:
- any Content you submit, post, transmit, or make available through FreeWebsiteDesign.ca;
- your use or misuse of the Services;
- your connection to the Services;
- your breach or alleged breach of this Agreement; or
- your violation of any rights (including intellectual property rights) of a third party.
FreeWebsiteDesign.ca reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of FreeWebsiteDesign.ca. FreeWebsiteDesign.ca will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Disclaimer of Warranties
YOUR USE OF FREEWEBSITEDESIGN.CA, AND ALL WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK. FREEWEBSITEDESIGN.CA, AND ALL WEBSITE CODE, PLATFORM CODE, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FREEWEBSITEDESIGN.CA AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.
YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL FREEWEBSITEDESIGN.CA OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR (A) ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUE, BUSINESS OR PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF FREEWEBSITEDESIGN.CA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE SERVICES, ANY WEBSITE OR PLATFORM; OR (B) ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR ANY OF OUR GUIDELINES (IN THE AGGREGATE FOR ALL POTENTIAL CLAIMS BY YOU) IN EXCESS OF THE GREATER OF (i) $100 AND (ii) THE TOTAL AMOUNTS PAID TO FREEWEBSITEDESIGN.CA BY YOU IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
FreeWebsiteDesign.ca reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the FreeWebsiteDesign.ca Services or any part thereof with or without notice. FreeWebsiteDesign.ca will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version on www. FreeWebsiteDesign.ca. The revised version will be effective at the time we post it. Please check this Agreement and any Guidelines periodically for changes. Your continued use of FreeWebsiteDesign.ca or any Website after posting of the changes constitutes your binding acceptance of such changes. We last modified this Agreement on the date stated above. The revised version will apply to you immediately on or after the posting of the revised version.
This Agreement shall remain in full force and effect unless and until your account is terminated as provided herein. You may terminate your account and end your use of FreeWebsiteDesign.ca at any time and for any or no reason. FreeWebsiteDesign.ca has the right (at its sole discretion) for any reason to (i) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of FreeWebsiteDesign.ca or any Website, (ii) remove and discard any Content within any Website or anywhere on FreeWebsiteDesign.ca or (iii) shut down a Website, with or without notice, and with no liability of any kind to you.
If you terminate your account, FreeWebsiteDesign.ca has no obligation to refund any fees paid.
If you wish to leave your FreeWebsiteDesign.ca website hosting package – you may take the websites domain name and the website content that you provided. You will not be able to take the website design. You would need to get another website designer to design you a new website.
Upon deactivating your account, this Agreement terminates and your access rights to your website and any Websites immediately cease to exist. For Content you wish to delete from FreeWebsiteDesign.ca, you can delete it by going to each of the Websites to which you’ve contributed. FreeWebsiteDesign.ca is not responsible for deleting Content on your behalf and FreeWebsiteDesign.ca will not have any obligation to assist you in migrating your data or your Website(s) off of FreeWebsiteDesign.ca. FreeWebsiteDesign.ca will have no obligation to refund any fees paid for Paid Services.
You agree to comply with all policies applicable to FreeWebsiteDesign.ca, and those of our third party Paid Service providers, which policies are either posted on FreeWebsiteDesign.ca or provided to you by a link in these Terms of Service. In addition, you agree to comply with all applicable laws. The failure of FreeWebsiteDesign.ca to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. Your accounts are non-transferable. The parties are independent contractors with respect to each other. You may not delegate your duties under this Agreement or assign this Agreement, in whole or in part. FreeWebsiteDesign.ca may assign this Agreement in whole or in part in its sole discretion without your consent and without notice. This Agreement, including links to any third party Paid Service provider terms and conditions, constitutes the entire agreement between you and FreeWebsiteDesign.ca and governs your use of FreeWebsiteDesign.ca, superseding any prior agreements (whether written or oral) between you and FreeWebsiteDesign.ca regarding the subject matter hereof. The other Users of FreeWebsiteDesign.ca are intended third party beneficiaries of your obligations under this Agreement. A party will not be liable for non-performance or delay in performance (other than of obligations regarding payment of money) caused by any event reasonably beyond the control of such party including, but not limited to wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo, or any “act of God”. Nothing in this Agreement shall prevent us from complying with the law and applicable regulations.