eazyCMS Terms of Use

Your use of the eazyCMS service ("the Service") is strictly subject to the Terms and Conditions of Use set out below. By using eazyCMS you are agreeing, and you are signifying your agreement, to be bound by these Terms and Conditions. If you do not agree with all or any of these terms and conditions, as from time to time amended, you should immediately cease using the site.

General

1. Any waiver of any provision of these terms and conditions must be in writing and signed by Eazyweb Internet Services Limited to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these terms and conditions to be void or unenforceable for any reason, then such provision shall be ineffective to the extent of the court's finding without affecting the validity and enforceability of any remaining provisions. These terms and conditions represent the entire understanding and agreement between you and Eazyweb Internet Services Limited relating to use of this website, and supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by you and by Eazyweb Internet Services Limited.

2. Nothing in these terms and conditions shall create or are being deemed to create a partnership or joint venture between Eazyweb Internet Services Limited and any other user of this Service or the relationship of principal and agent between Eazyweb Internet Services Limited and any other user of this Service.

Governing Law

This website is controlled and operated by Eazyweb Internet Services Limited from Wales, United Kingdom. Eazyweb Internet Services Limited does not make any representation that Materials and/or the Software offered through this website are appropriate or suitable for use in countries other than England and Wales, or that they comply with any legal or regulatory requirements of such other countries. In accessing this website, you do so at your own risk and on your own initiative, and are responsible for compliance with local laws, to the extent any local laws are applicable. If it is prohibited to make this website, the Materials and/or the Software offered through this website or any part of them, available in your country, or to you (whether by reason of nationality, residence or otherwise), this website, the Materials and/or the Software offered through this website or any part of them are not directed at you. These terms and conditions of use shall be governed by and construed in accordance with the laws of England and Wales, and you hereby agree for the benefit of Eazyweb Internet Services Limited, and without prejudice to the right of Eazyweb Internet Services Limited to take proceedings in relation to these terms and conditions of use before any other court of competent jurisdiction, that the courts of England and Wales shall have jurisdiction to hear and determine any action or proceedings that may arise out of or in connection with these terms and conditions of use, and for such purposes you irrevocably submit to the jurisdiction of such courts.

Assignability

You cannot, without the prior written consent of Eazyweb Internet Services Limited, assign any of your rights or obligations under these terms and conditions. Eazyweb Internet Services Limited may assign or sub-contract the whole or any part of its rights or obligations under these terms and conditions without restriction.

Control and Use of Website

1. Eazyweb Internet Services Limited ("we" or "us") reserve the right to change the content, presentation, performance, user and facilities and availability of any part of this website or the eazyCMS service at its sole discretion, including these terms and conditions of use, and you should check these terms and conditions of use regularly for any changes.

2. Occasionally Eazyweb Internet Services Limited may:-

  1. change the technical specifications of this website or any portion thereof; or
  2. suspend this website or any portion thereof for operational reasons such as repair, maintenance or improvement of this website or any portion thereof or because of an emergency; or
  3. change the system resource limits applicable to your use of this website or any portion thereof.
  4. contact you from time to time with a useful Newsletter to aid you in your familiarisation with the Service, as well as with information we believe may be of interest to your use of the service in the future.

3. You may not use this website or any part of it (including eazyCMS) to engage in activities which:

  1. infringe the proprietary or intellectual property rights of Eazyweb Internet Services Limited or eazyCMS and/or its licensors and/or third parties.
  2. compromise the privacy of others;
  3. are immoral, illegal or advocating of illegal activity;
  4. destroy the integrity of any data or other computer based information;
  5. violate local, state, or national laws of any country;
  6. impersonate another person;

You hereby agree to indemnify and hold harmless Eazyweb Internet Services Limited against any claims, proceedings and actions taken and all damages (including costs) that may be awarded or agreed to be paid to any third party in respect of any claim or action arising as a result of your breach of this condition.

Copyright and Reproduction Notice and Limited Licence

1. All information, content, software, graphics, text, sounds, images, buttons, trade marks, service marks, trade names and logos (the "Materials"), contained in this website are protected by copyright, trade mark, database right, sui generis right and other intellectual property laws, under national laws and international treaties.

2. You are granted a limited non-transferable, non-exclusive licence solely for your own use to refer to, bookmark or point to any page within this website, provided however that all copyright, trade mark and other proprietary notices are left intact. The grant of this limited licence is conditional on your agreement to, and compliance with, all of these terms and conditions of use. Any other use of the Materials on this website, including without limitation, any form of copying or reproduction (for any purposes other than those noted above) modification, distribution, re-publication, extraction, re-utilisation, incorporation or integration with other materials or works or re-delivery using framing technology, without the prior written permission of Eazyweb Internet Services Limited, is strictly prohibited and is in violation of the proprietary rights of Eazyweb Internet Services Limited. All scripts relating to the eazyCMS Content Management System remain the sole property of Eazyweb Internet Services Ltd. For the avoidance of doubt, Your use of the eazyCMS system constitutes a license not a sale, and this license revokes on Termination.

3. All accounts, whether for demonstration purposes or fully registered, that are made available for accessing via this website ("eazyCMS Account") are protected by copyright and may be protected by other rights. By accessing the eazyCMS Account, you agree to be bound by the terms and conditions governing the use of this website, including but not limited to the terms of the eazyCMS Account licence set out herein. If you do not agree to all of these terms and conditions do not access any of the eazyCMS Account, and if you have already accessed it, promptly log out and inform Us.

4. Passwords and Security
When you are required to complete a registration process to access the eazyCMS Account, you will provide us with current, complete and accurate information as prompted by the applicable registration form. You use of the Service will involve a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Eazyweb Internet Services Limited immediately of any unauthorized use of your account or any other breach of security. Eazyweb Internet Services Limited will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Eazyweb Internet Services Limited or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

Pursuant to and subject to these terms and conditions, Eazyweb Internet Services Limited and/or its licensors hereby grant to you a non-exclusive right to access the eazyCMS Account in online form and any documentation related thereto (the "Documentation") for so long as such use is in compliance with these terms and conditions and further subject to the following:-

  1. the eazyCMS Account and Documentation may be used only by the person who has registered with Eazyweb Internet Services Limited (the "Registrant") and only for demonstration and evaluation purposes in the case of the eazyCMS Demo Account;
  2. Registrant shall not, and shall not permit any other person, to alter, modify or adapt or access the eazyCMS Account or Documentation, including but not limited to translating, decompiling, disassembling or creating derivative works thereof save to the limited extent permitted by the applicable law;
  3. Registrant shall not and shall not permit any other person to copy the eazyCMS Account or Documentation and Registrant shall not, and shall not permit any other person, to give, loan, rent or sub-licence the eazyCMS Account or Documentation;
  4. Upon termination of the Registrant’s registration, this licence agreement shall automatically terminate and Registrant shall immediately cease the use of any eazyCMS Account and Documentation, and Registrant shall properly delete all copies thereof in Registrant’s possession, custody and/or control, in whatever form embodied; and
  5. The eazyCMS evaluation licence does not confer on the Registrant or on any end user any rights in the eazyCMS Account or in the Documentation.

5. The Registrant’s right to use the eazyCMS Account and Documentation shall automatically terminate if Registrant fails to comply with any of the terms and conditions governing the use of this site.

6. Eazyweb Internet Services Limited and/or its licensors (as the case may be) retain all right, title, interest and intellectual property rights in and to the Materials, the eazyCMS service and the Documentation. Nothing in these terms and conditions of use shall be construed as conferring by implication, estoppel or otherwise, any licence or right under any copyright, patent, trade mark, database right, sui generis right or other intellectual property or proprietary interest of Eazyweb Internet Services Limited, its affiliates or any third party. For the avoidance of doubt, all ownership, rights and title of the Service remain with the licensor, Eazyweb Internet Services Ltd, during supply of the Service, and remain so after Termination.

Disclaimers

    1. Use of this website is at your own risk. You assume complete responsibility for, and risk of, loss resulting from downloading, using, referring or relying on, Materials, or any other information obtained from your use of this website. You agree that Eazyweb Internet Services Limited and providers of telecommunications and network services (web site designers and web site facilities providers) to Eazyweb Internet Services Limited will not be liable for damages arising out of your use or your inability to use this website, or the eazyCMS service and you hereby waive any and all claims with respect thereto, and whether based on contract, tort (including negligence) or other grounds.
    2. This website, the Materials and the eazyCMS service and the Documentation are available to all users "as is" without any representations or warranties of any kind, either express or implied. To the greatest extent permitted by applicable law, Eazyweb Internet Services Limited excludes all other warranties express or implied, statutory or otherwise as to the quality, accuracy, timeliness, completeness, merchantability or fitness for a particular purpose of the Materials, Software, Documentation, information, goods and/or facilities advertised or accessed via this website.
    3. Eazyweb Internet Services Limited makes no representations, warranties or undertakings that this website, or the server that makes it available, will be free from defects, including, but not limited to viruses or other harmful elements. Eazyweb Internet Services Limited expressly excludes liability for any infection by computer virus, tampering, unauthorised access, intervention, alteration or use, fraud, theft, technical failure, error, omission, interruption, deletion, defect, delay, or any event or occurrence beyond the control of Eazyweb Internet Services Limited, which corrupts or affects the administration, security, fairness and integrity or proper conduct of any aspect of this website.
    4. Eazyweb Internet Services Limited makes no representations, warranties or undertakings about any content of or information on any other website referred to or accessed by hypertext link through this website or from which this website is referred to or accessed by hypertext link ("third party site"). Eazyweb Internet Services Limited does not endorse or approve the content of any third party site, nor will Eazyweb Internet Services Limited have any liability in connection with any third party site (including but not limited to liability arising out of any allegation that the content of or information on any third party site infringes any law or the rights of any person or entity). No judgement or warranty is made with respect to the accuracy, timeliness or suitability of the content or services of any third party site, and any and all liability which might arise out of, or in connection with, your use or reliance on the services, content of or information on, or the performance of, any third party site is excluded. Eazyweb Internet Services Limited cannot guarantee that the controller of any third party website will respect your privacy in the same manner as Eazyweb Internet Services Limited.

Limitation of Liability

To the fullest extent permitted by applicable law, neither Eazyweb Internet Services Limited nor any of its directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with your use of, or your inability to use, the Materials, the eazyCMS service, the Documentation and/or facilities offered through this website, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, even if Eazyweb Internet Services Limited has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable. In using this website, you are agreeing, and you are signifying your agreement, to be bound by this limitation on the liability of Eazyweb Internet Services Limited.

Fraudulent Credit Card Charges or Fraudulent Claims

All requests to negate charges are investigated by our technical department and legal department. If you make a fraudulent claim of unauthorized card usage, we will report this to the credit card services. This report may result in cancellation of your card services, put negative information on your credit report, and create possible criminal charges that may be filed against you.

No Resale

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any purposes, commercial or otherwise, any portion of the Service, use of the Service, or access to the Service, without the express permission of Eazyweb Internet Services Ltd by seperate agreement.

Marketing and Promotion

(a) Promotional Materials. Eazyweb shall, without Your further approval, have the right to include Your company name (including reference to trade names, trademarks, and service marks) in any marketing, advertising, or other promotional materials, including press releases.

(b) If You send email to Eazyweb, We reserve the right to publish it, in whole or in part, on the Eazyweb family of websites, in advertising and promotional materials of Our choosing, or other media presentations.

Termination

You agree that Eazyweb Internet Services Ltd, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and archive or discard any content within the Service, for any reason, including, without limitation, for lack of use or if We believe that You have violated or acted inconsistently with the letter or spirit of the Terms & Conditions. We may also in Our sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that We may immediately deactivate, archive or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that We shall not be liable to You or any third-party for any termination of your access to the Service. On termination of this Agreement, any license You currently hold for using eazyCMS expires, and at such time We will supply You with a flattened HTML non-database version of the end-user site (not relying on a CMS so can be hosted as is, elsewhere, without a CMS). In addition, We can email You a backup of the site database in MySQL database format. We shall not be liable for any further services or costs.

 

If such action is taken as a result of your breach of this contract, the remainder of any payment made by you will not be refundable.

Refunds

THERE ARE NO CANCELLATIONS OF ONLINE ORDERS THAT HAVE BEEN PROGRAMMED FOR IMMEDIATE DOWNLOAD ACCESS. NOTWITHSTANDING THAT, ALL REFUNDS ARE AT THE DISCRETION OF THE MANAGEMENT.

Eazyweb Internet Services Ltd reserves the right to modify this Refund Policy at its discretion, or against any customer it believes is abusing this policy. Any such revision or change will be binding and effective immediately after posting of the revised Refund Policy on the eazyCMS.com or eazyweb.net Web sites. You agree to periodically review our Web sites, including the current version of our Refund Policy. It is your obligation to review our refund policy for any such revisions.

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