Terms of Service of Edicy
- The Service Provider means Edicy LLC, a private limited company established under Estonian law, Estonian commercial register code 12176224, location Raekoja plats 1, Tartu, 51003, Estonia. The Service Provider is the author of the Service (as defined below) and the Service Provider owns copyright to the Service;
- The Client means you, i.e. the person who has entered into this Agreement (as defined below) and to whom the Service Provider grants, under this Agreement, the licence to use the Service under the Agreement;
- The Service means the tool called Edicy at www.edicy.com to create and edit websites with great design, webspace and e-mails on your own domain in minutes.
- The Client's Account means the account that will be created for the Client for using the Service after accepting the Agreement by the Client.
- The Content means any information made available by or via the Service (i.e. photographs, written text, data files, computer software, music, audio files or other sounds, videos, etc).
- The Service Provider's Content means Content made available to the Client by the Service Provider.
- The Client's Content means Content made available via the Service by the Client.
2. Representations and acknowledgements of the Client
- The Client represents and warrants that the Client has active legal capacity (and/or necessary approvals and consents from the Client's parent or guardian) to enter into the Agreement, and the Agreement therefore forms a binding Agreement between the Service Provider and the Client.
- The Client represents and warrants that any registration information the Client has given to the Service Provider in order to use the Service is always accurate, correct and up to date.
- The Client acknowledges and agrees that the form and nature of the Service may change from time to time without prior notice to the Client due to the fact that the Service Provider is constantly innovating and improving the Service. Also, the Client acknowledges and agrees that the Service Provider may stop (permanently or temporarily) providing the Service (or any features within the Service) to the Client at the Service Provider's sole discretion, without prior notice to the Client.
- The Client acknowledges and agrees that if the Service Provider disables access to the Client's Account, the Client may be prevented from accessing the Service, respective account details or any files or other content which is contained in the Client's Account.
- The Client acknowledges and agrees that while the Service Provider may not currently have set a fixed upper limit on the number of transmissions the Client may send or receive through the Service, or on the amount of storage space used by the Client at the time of using Service, such fixed upper limits may be set by the Service Provider at any time, without prior notice to the Client.
- The Client acknowledges and agrees that the Service Provider may have subsidiaries and affiliated or partner legal entities around the world in order to offer the Service or a part thereof to the Client instead of the Service Provider.
- The Client acknowledges and agrees that the Service Provider may make different type of advertising available via Servicem.
- The Client acknowledges and agrees that by using the Service the Client may be exposed to Content that the Client may find offensive, indecent or objectionable and in this respect the Client uses the Service at its own risk.
- The Client acknowledges and agrees that the Service may contain information which is designated confidential by the Service Provider and that the Client undertakes not to disclose such information.
- The Client acknowledges and agrees that the Service Provider owns all intellectual property rights in connection with the Service, notwithstanding of whether those rights are registered or not.
- The Client hereby agrees to the use electronic communication in order to enter into the Agreement and to other contracts with the Service Provider. The Client hereby waives any rights under any laws which require an original (non-electronic) signature.
3. Use of Service by Client
- The Client undertakes to use the Service only for its designated purpose under the terms of the Agreement. The Client must not use the Service for any unauthorized or illegal purpose.
- The Client undertakes to maintain full confidentiality over the Client's passwords related to the Service and the Client's Account. If the Client becomes aware of any unauthorized use of its password or of the Client's Account, the Client must notify the Service Provider immediately at firstname.lastname@example.org.
- The Client undertakes not to access (or attempt to access) the Service by any means other than through the interface provided by the Service Provider.
- The Client undertakes not to be engaged in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).
- The Client undertakes not to harass, threaten, abuse or harm the Service Provider or other users of the Service in any way.
- The Client undertakes to upgrade his free account into a paying account before using a unique domain with the Service. He can use both a domain bought from Edicy or an existing domain he points to Edicy servers.
- By purchasing a domains(s), the Client becomes the legal owner of the domain
name. Edicy will make reasonable efforts to contact the Client before the end of the registration
period and provide the Client with the option to renew your domain
registration. Edicy shall not be liable for loss of the domain.
- Use of the paid Service:
- A valid credit card or a PayPal account is required for paying accounts. Free accounts are not required to provide a credit card number or a PayPal account.
- If The Client upgrades to a paying account, he will be billed immediately for the selected term.
- The Service is billed in advance and the pre-payment is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities if not stated otherwise. The Client will be responsible for payment of all such taxes, levies, or duties.
- Upon depletion of the pre-payment of the paying account of the Client, account will be downgraded into a free account.
- Downgrading paying account or terminating the entire Service may cause the loss of Content, features, or capacity of the Client's account. Service Provider does not accept any liability for such loss.
- Service Provider's Content is protected by copyright. The Client may not copy, distribute, modify, rent, lease, loan, sell, distribute, create derivative works, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof without the copyright owner's respective license.
- The Client understands that Client's Content is the sole responsibility of the Client. The Service Provider is not in any way liable for the Client's Content.
- If the Client creates, transmits, displays or makes otherwise available any Content, the Client must have all rights for that, incl. copyrights, rights to use trademarks. The Client undertakes to fulfill and respect the intellectual property rights of other persons.
- The Client undertakes not to use any trademark, service mark, trade name, logo, etc. in the way that is likely or intended to cause confusion with the owner or authorised user of such marks, names or logos.
- The Client undertakes not to create, transmit, display or make otherwise available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another's privacy, or hateful (incl. viruses, worms and any other destructive codes).
- The Client undertakes not to create, transmit, or display unsolicited commercial email or spam. This includes unethical marketing, advertising, or any other practice that is in any way connected with spam, such as sending mass email to recipients who haven't requested email from you or with a fake return address, promoting a site with inappropriate links, titles, descriptions, or promoting a site by posting multiple submissions in public forums that are identical.
- The Service Provider has the right to pre-screen, review, flag, filter, modify, refuse from or remove the Client's Content or any part thereof, or to delete the Client's Account, if the Client has not fulfilled the Agreement, or if the Client's Content or a part thereof is seen as inappropriate by the Service Provider.
- If you post images hosted on Service Provider to any other site, you must provide a link from the image back to Service Provider to the extent permitted by such other sitem.
- The Service Provider enables the Client to link to Content hosted on a third party website. The Client accepts that the Service Provider has no responsibility for this imported Content (incl. if this imported Content becomes unavailable or is removed from the third party service).
5. License from the Service Provider
- The Service Provider hereby grants the Client a personal non-assignable non-exclusive license to use the Servicem (the License).
- The Client must not assign its rights under the Agreement to third persons.
- This License is for the sole purpose of enabling the Client to use and enjoy the benefit of the Service as provided by the Service Provider, in the manner permitted by the Agreement and made available by the Service Provider.
6. Licence for the Client's Content
- The Client retains copyright and any other rights the Client already holds in respect of the Client's Content.
- The Client grants the Service Provider a perpetual, irrevocable, worldwide, free-of-charge and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute the Client's Content. This license is for the purpose to enable the Service Provider to display, distribute and promote the Service.
- The Client agrees that while providing the Service, the Service Provider may transmit or distribute the Client's Content over various public networks and in various media, and in this process changes to the Client's Content may be necessary in order to adapt the Client's Content to the technical requirements of connecting networks, devices, services or media.
- The Client represents and warrants the Client has all the rights, power and authority necessary to grant the above license to Client's Content.
- The Client acknowledges and agrees the Client is solely and fully responsible for any activities that occur on the Client's Account, and for Client's Content. The Client also acknowledges and agrees the Client is solely and fully responsible for any breach of the Agreement.
- The Client must indemnify the Service Provider, its officers, directors, employees, agents, licensors, suppliers, etc. for any and all claims, liabilities, losses, expenses, damage and costs, including attorney's fees, resulting from the breach of the Agreement, and from the activities on the Client Account.
- Some of the features of the Service are fee-charging (the Service for Fee).
- If the Client elects to sign up for these features, the Client pay all applicable fees. The Service Provider reserves the right to change its fees at any time without prior notice to the Client.
9. Term and termination of the Agreement
- The Agreement is concluder for indefinite term.
- If the Client may terminate the Agreement with immediate effect at any time is by a written notice to the Service Provider.
- The Service Provider may at any time, terminate the Agreement with immediate effect if:
- the Client has breached the Agreement (or have acted in manner which clearly shows that the Client does not intend to, or is unable to comply with the Agreement); or
- the Service Provider is required to do so by applicable law (e.g. if provision of the Service is or becomes unlawful); or
- the partner with whom the Service Provider offered the Service has terminated its relationship with the Service Provider; or
- the Service Provider is no longer providing the Service to users in the country in which the Client is resident or from which the Client uses the service; or
- the provision of the Service by the Service Provider is, in the Service Provider's opinion, no longer commercially viable.
- Upon termination of the Agreement the License under the Agreement shall immediately terminate.
- The Service is provided "as is" and the Service Provider grants to the Client no warranties in respect of the Service.
- Among other things the Service Provider does
not represent and warrant to the Client that:
- the Client's use of the Service will meet the Client's requirements;
- the Client's use of the Service will be uninterrupted, timely, secure or free from error;
- any information obtained by the Client as a result of the Client's use of the Service will be accurate, correct, reliable and up to date;
- defects in the operation or functionality of the Service will be corrected.
- the Client's use of the Service will meet the Client's requirements;
- No warranties (incl. for satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent expressly stipulated in the Agreement.
- The Service Provider is not liable for any direct, indirect or consequential damage (incl. loss of profit, loss of data, loss of goodwill or business reputation) of the Client which may be incurred to the Client in relation with the Service, including:
- damage resulting from any changes which the Service Provider may make to the Service;
- damage resulting from any permanent or temporary interruption in the provision of the Service;
- damage resulting from deletion of, corruption of, or failure to store, any Client's Content;
- damage resulting from the Client's failure to provide the Service Provider with accurate account information;
- damage resulting from the Client's failure to keep the Client's password or the details of the Client's Account secure and confidential.
- Nothing in the Agreement shall exclude or limit the Service Provider's liability for damage which may not be lawfully excluded or limited by Estonian law.
11. Amendments to the Agreement
- The Service provider has the right to amend the Agreement unanimously at any time. New version of the Agreement is made available by the Service Provider on the web-page of the Service and notification of the fact that the Agreement has been amended will be e-mailed to the Client. The Client agrees to monitor the web-site of the Service it order ensure that the Client has familiarised itself with the latest amendments to the Agreement.
- The Client and the Service Provider agree and the Client understands and agrees that if the Client uses the Service after the Agreement has been unanimously amended by the Service Provider as stated above, the Client as seen as accepted the new version of the Agreement. If the amended Agreement is not acceptable to the Client, the Client must immediately stop using the Service.
12. Other provisions
- The Service may include hyperlinks to other web-sites or Content or resources. The Service Provider may have no control over those web-sites, Content or resources which are provided by companies or persons other than the Service Provider. The Client acknowledges and agrees that the Service Provider is not responsible for the availability, reliance, accuracy and completeness of any such external sites or resources.
- As a part of using the Service the Client may use a service or download a piece of software which is provided by another person or company. The use of those services and software may be subject to separate terms between the Client and the company or person concerned. If so, the Agreement does not affect the Client's relationship with these other companies or persons.
- The Client agrees that the Service Provider may provide the Client with notices, including those regarding changes to the Agreement, by email, regular mail, or postings on the Service.
- If the Service Provider does not exercise its legal right or remedies under the Agreement or applicable law, this is not seen as a waiver of the Service Provider's rights and those rights or remedies are still be available to the Service Provider.
- If any provision of this Agreement is deemed as invalid by court, this provision is deemed as removed from the Agreement without affecting the rest of the Agreement. The remaining provisions of the Agreement will continue to be valid.
- The Agreement constitutes the whole legal agreement between the Client and the Service Provider for using the Service, and completely replaces any prior agreements between the Client and the Service Provider in relation to the Service.
- The Agreement is governed by Estonian law.
- In case the Agreement has been translated into some other language than English and there are contradictions between the English version and the translation, then the English version shall prevail over the translation.
- Any disputes related to the Agreement are to be solved by means of negotiations. If the dispute cannot be solved by means of negotiations, the dispute shall be solved in Tartu County Court, Estonia.
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