1. Purpose of the contract
1.1 WebSelf fournit un service en ligne permettant aux utilisateurs ou clients de créer eux-mêmes leur site internet.
1.1 WebSelf provides an online service allowing users or customers to create their own website. WebSelf offers different plans: the Free plan, the Basic plan, the Pro plan and the Business plan.
1.2 Duration
Services covered by this contract are provided for a fixed period. Either party may, at any time, terminate this Agreement by using the option "Cancel" in the website WebSelf.net. Any notice of termination will be effective 5 days after receipt by WebSelf.net or the next payment due. No refunds will be made by WebSelf.net. The notice from WebSelf.net be served through an email sent to the email address specified by the Customer at the time of its initial order of services.
1.3 Advertising
WebSelf.net reserves the right to display advertising on all the free sites. The user is not allowed to modify, delete or hide it.
A Free WebSelf.net site is published under a subdomain .webself.net (www.sitename.webself.net). WebSelf users of the Free version are not allowed to redirect another domain to their site WebSelf.net or to view their website WebSelf.net on an external website (ref.: integration via frame or iframe).
1.4 Cancellation Policy
You may stop using and request to cancel your User Account and / or WebSelf Services at any time, in accordance with the instructions available on the WebSelf.net website. If you wish to terminate your subscription before the end of your contract, we invite you to send a request before the automatic renewal of your contract.
A refund of your subscription is possible if you are still in the warranty period of your subscription (14 days after purchase). No refund can be considered after the end of the 14-day money back guarantee.
For more information on the money back guarantee, refer to section 1.5.
If WebSelf.net terminates your contract, it will reimburse you pro rata for the prepaid services that have not yet been provided to you by the termination day, unless otherwise specified.
1.5 Money-Back Guarantee
If you are not satisfied with one of the WebSelf subscriptions (Basic, Pro or Business; yearly, 2 years, 5 years), you may cancel, for no particular reason, within fourteen (14) days of the first payment, or the activation of your subscription.
The money back guarantee applies only to the initial purchase of a WebSelf subscriptions, which represents an upgrade of a free website by purchasing a Premium Offer (Basic, Pro and Business). The reimbursement does not apply to any additional purchases (such as domains, emails, ...), upgrade, modification or renewal of WebSelf services.
If notification of the refund request is made during the 14-Day money back guarantee, WebSelf will refund the amount paid for the subscription, and therefore will cancel any services that were included.
After the money back guarantee Period, the fees will be non-refundable.
Furthermore, if we find that the cancellation notice was made in bad faith or in the context of an illegitimate attempt to avoid the payment of the services received and supplied, we reserve us the right to refuse the reimbursement.
1.6 Service renewal
2-year Contract:
Unless otherwise notified, the duration of a 2-year contract WebSelf.net is “twenty-four” months automatically renew for a term equal in duration, unless unless the client terminates the contract one month before the expiry date.
Annual Contract:
Unless otherwise notified, the duration of an annual contract with WebSelf is "twelve months", automatically renew for a term equal in duration, unless the client terminates the contract one month before the expiry date.
Monthly contract:
Unless otherwise notified, the duration of a monthly contract with WebSelf is "one month", automatically renew for a term equal in duration, unless the client terminates the contract before the expiry date.
1.7 Responsibility and obligations upon termination
If the contract was to expire or be terminated for any reason whatsoever to assume WebSelf.net your respect no liability related to such expiration or termination,
whether in the form of compensation, refund or damages for loss of anticipated profits from expected sales, goodwill or relating to expenses, investments, rents or
commitments associated with you or for any other reason whatsoever flowing from such termination or expiration . Any termination whatsoever, this Agreement shall
in no way relieves you of the obligation to pay fees and costs accrued before the termination date. WebSelf.net will not be responsible to notify any third party for
termination of your account or provide assistance in connection with the termination. Without this in any way limiting the generality of the foregoing, WebSelf.net
not obliged to forward any email message that is, data, information or other content related to your use of the Services, and you agree that WebSelf.net will immediately
delete such email messages, data, information and content.
1.8 Charges
You agree to pay all costs and expenses (and taxes thereon) incurred in connection with the use of the Services in accordance with the rates, terms and conditions established
by WebSelf.net need and apply to services you have selected. WebSelf.net display such rates, terms and conditions on the Site or provide you otherwise. Unless otherwise noted,
WebSelf.net begin charging you on the date of your subscription to Internet services WebSelf.net. All prices displayed on the Site are free from taxes and are responsible for
paying all applicable federal, provincial and local sales, use, value added, excise, customs duties and other taxes or Tax payable on services and other than taxes based on net income of WebSelf.net.
1.9 Payment
All charges relating to the Services must be prepaid by the current tariff relating to the Services. When you order the services online by proceeding on the Site, you should opt for the payment
method that suits you among those offered. WebSelf.net reserves at any time and at its discretion the right to change the forms of payment accepted.
1.10 Payment with a third party services
When you pay using a third-party service, when placing your order for Services, you expressly consent WebSelf.net or its representatives to pay all fees and charges incurred
by you under this Agreement on account of the card, the authorization surviving termination of that contract until you have paid all the expenses that you have under contract.
If you use a credit card and WebSelf.net do not receive payment from the issuer, you agree to pay all amounts due upon demand WebSelfAssociation.net. You must notify WebSelf.net
any changes to your account, your billing address or any information without which WebSelf.net would be prevented from properly debit your account.
1.11 Payment failure
If you fail to pay fees or taxes within ten (10) days after the due date applicable to the credit card or invoice payments, WebSelf.net require you to pay a late fee established
according to the lesser of a monthly interest of one and a half (1.25%) p. percent (or 15% per year) or the maximum permissible under applicable law. In addition, failure to pay
all fees and charges within twenty (20) days following the applicable due date will be considered a material breach of this Agreement, justifying WebSelf.net immediately suspend
the Services and to terminate the contract. It is your responsibility then to pay all fees associated with reinstatement of Services. Such termination does not exempt you from
paying overdue fees or interest thereon. In the case of a mandatory use of recovery actions, you will be responsible for all costs of collection, including without limitation legal fees, court costs and fees collection agency.
2. Service Use
2.1 Use responsibility
You are responsible for the use of services and maintenance of all passwords related. You are solely responsible and liable for all activities that occur in connection with your use of the Services,
including without limitation all activities of all users authorized by you or use your passwords. You are also responsible for maintaining the confidentiality of all passwords relating to your use of the Services.
You agree to immediately notify WebSelf.net any unauthorized use of the Services or your passwords or any other breach of security and assist WebSelf.net, on request, in its efforts to stop and correct any damage security.
2.2 Applicable Policies
The policy of protecting the confidentiality of WebSelf.net, contained in www.WebSelf.net/privacy_policy.ws explains how WebSelf.net collects, stores, processes and uses information associated with your use of
the Services. For this, you agree that your personal information are subject to collection, use and disclosure from WebSelf.net and its representatives (collection prior or future) for outlined in the policy WebSelf.net
protection of confidentiality. Policy on privacy is available on the Web at www.WebSelf.net (or any other location specified by WebSelf.net) and may be subject to timely updates. YOU SHOULD READ CAREFULLY THE GUIDELINES ON USE.
BY USING THE SERVICES, YOU AGREE TO BE SUBJECT TO THE TERMS SET FORTH IN THE GUIDELINES ON THE USE AND ANY AMENDMENTS THERETO. WEBSELF.NET RESERVES THE RIGHT TO TERMINATE THIS AGREEMENT AS A RESULT OF ANY BREACH OF THE POLICY
ON THE PROTECTION OF PRIVACY OR THIS AGREEMENT.
2.3 The equipment requirements and product
You must ensure that all material and data placed on the equipment WebSelf.net are conditioned to be used by a server that is to say they do not require any other manner from WebSelf.net . It is not for WebSelf.net validate this information about its content, its accuracy or usability. In case your hardware is not "used by the server, WebSelf.net may at any time refuse. The refusal of the material will then be served by WebSelf.net and you will have the opportunity to amend or modify the equipment to meet the needs and requirements WebSelf.net. The use of the Services requires a certain degree of knowledge of languages, protocols and Internet software, which also varies greatly depending on usage and content provided on your website. You must therefore have the knowledge required to create and maintain a website. It is not WebSelf.net to provide this knowledge or what kind of customer support.
2.4 The use of bandwidth, storage and email
You agree that use of the Services hereunder will not exceed the limits of use of bandwidth, storage and email, as established in the Site for the Services you have ordered. If you need to use more bandwidth or storage space than the agreed number of gigabytes per month or if you exceed the storage limits of attachments, WebSelf.net may, in its sole discretion, charge you additional costs depending on its pricing policy then in effect or suspend the Services or terminate the contract. Where WebSelf.net decides to take corrective action, you will not be entitled to a refund of prepaid expenses for unused services. Warning messages will be sent by email as soon as you exceed 80% and 90% of the bandwidth and disk space provided in your package. If, within two weeks after the billing date, we have not received payment, the expiry date of the account will be changed depending on the amount overdue. In the case of the Free plan WebSelf.net reserves the right to stop providing the service if you do not follow the defined limits (bandwidth or disk space).
The WebSelf user agrees not to use his or hers website for spamming purposes or the excessive linking of fraudulent content. In addition, it is prohibited for any WebSelf user to send a large number of e-mails with the same content without the consent of the recipients (spam). WebSelf reserves itself the right to remove the site when it finds such offenses.
2.5 The various components
You agree that the Services do not include content design, development, maintenance FTPmaster, downloading and publishing scripts Common Gateway Interface (CGI) executables and other similar and that all these elements are your responsibility.
3. Intellectual Property Rights
3.1 The property WebSelf.net
For this, you acknowledge and agree that all programs (as object code or source code), data, services, processes, designs, technologies, equipment and other items included in the Services are and will remain the sole property of WebSelf.net, its licensors or its suppliers and are protected as such by the rules applicable to copyrights, trademarks, patents, trade secrets and / or any other right or property law. WebSelf.net also retains control and ownership of all IP numbers (Internet Protocol) and email addresses that you can assign. WebSelf.net reserves the right at its sole discretion, modify or revoke at any time such IP numbers and email addresses, in whole or in part.
3.2 Your content
WebSelf.net does not claim ownership of information, equipment, software or other content (hereinafter designated by the generic "Content") that you upload, enter, provide, submit or transmit any so WebSelf.net or any third party through the Services. However, if you agree that you upload, enter, provide, submit or otherwise transmit any Content to WebSelf.net or any third party using the Services, you grant to doing WebSelf.net nonexclusive permission and without Charges to use, copy, distribute, transmit, display, edit, delete, publish and translate such content to the extent reasonably necessary to enable WebSelf.net to provide and operate the Services to which you are entitled under this Agreement or ensure compliance and implementation modalities of the Contract. Explicitly, you (a) grant to WebSelf.net permission to store the content in cache and (b) you agree that such storage is not considered a violation of your intellectual property rights or those of any third party.
Vous êtes responsable du Contenu fourni et stocké sur votre site. WebSelf.net ne vérifie pas le contenu des sites créés. Il est de votre responsabilité de respecter les droits en cours dans votre pays quant à la diffusion du Contenu dans votre site. À ce titre, vous
You are responsible for the Content you provide and store on your site. WebSelf.net does not check the contents of the sites created. It is your responsibility to abide by the laws of your country regarding the circulation of the Contents in your site. As such, you agree to comply with legal requirements applicable in your country.
You agree not to publish any immoral content or that is prohibited by law or that are against common sense (in particular, pornographic, racist, xenophobic, extremist or otherwise reprehensible content) or that may affect the rights of third party (ref. Rights of the person, trademarks, copyrights, etc.).
In addition, your content should not contain computer program intended to damage or to eavesdrop on any system, data or personal information, or to increase traffic to a fictitious site (ex: autosurf, popup under, bars surfing, etc..).
3.3 Third party services
WebSelf allows you to use third-party services. Consequently, you agree to respect their terms of use. For example, if you use YouTube’s services, you need to comply with their conditions and privacy policies: https://www.youtube.com/t/terms as in the effective version as of the date of use of such services. If you choose to accept our terms and conditions you are also accepting the terms of YouTube. If you use Google, you must comply with their privacy policies: https://policies.google.com/privacy?hl=en-US
WebSelf doesn't use any data related to YouTube users.
4. Execution
4.1 Investigation of violations
WebSelf.net may investigate any reported violation of this Agreement, its policies or any complaints, then take any action deemed appropriate and reasonable in the circumstances to protect its systems, facilities, customers and third parties. WebSelf.net will not review or will not access the contents of any email or any other similar stored electronic communications except as required or authorized by judicial remedies under applicable law.
4.2 Actions
WebSelf.net reserves at its absolute discretion the right to restrict or remove from its servers any content that violates this Agreement or related policies or who is ineligible
or potentially override the rights of any third party or which may violate a law . If it is brought to his attention a possible breach of this Agreement by you, WebSelf.net may
immediately take corrective action, including without limitation (a) issuing warnings, (b) suspension or termination of Services, (c) the restriction or prohibition to use any content hosted
systems WebSelf.net and (d) the retirement or removal of any hypertext links to third party websites, any content you are owned and distributed or made available through the Services or any
other content not supplied by WebSelf.net which, in its sole discretion, may violate or derogate from any law or third party rights or which otherwise could expose or exhibit WebSelf.net to
civil suits or criminal or to public ridicule. WebSelf.net policy is to stop providing services to offenders. However, the appeal rights set forth above do not require WebSelf.net to monitor
or control the editorial content of the information made available for distribution via the Services and you acknowledge that WebSelf.net has no the obligation to censor or monitor your use
of the Services, nor the obligation to censor or monitor any content, material or other information sent, received or accessible through the Services. Where WebSelf.net uses corrective action
as a result of such violations, it will not be required to refund all fees paid before the application of those measures.
4.3 Disclosure rights
To comply with applicable laws and lawful government requests governments to protect its systems and its customers or to ensure the integrity and operation of its business and its systems, WebSelf.net
can access information and disclose if it deems appropriate and necessary, including such information on the user profile (ie d.'s name, email address, etc..), information on addressing IP traffic,
usage history and content residing on servers and systems WebSelf.net. WebSelf.net also reserves the right to report any activity it suspects in violation of any regulation or law to the enforcement
of laws, regulatory agencies or other appropriate third parties. In case of conflict between one part of the terms of the policy protecting the confidentiality of WebSelf.net and other rights of
disclosure contained in this section, it is the latter which prevails.
5. Warranties and Disclaimers
5.1 Your warranties and representations in respect of WebSelf.net
You warrant, represent and confirm that WebSelf.net (a) you are at least eighteen (18) years, (b) you have the right and ability recognized by law to enter into this Agreement; ( c) you use the
Services only for lawful purposes and in accordance with this Agreement and all policies and guidelines, (d) you will assume financial responsibility for the use of the Services, (e) obtained or
will all permits required for the hypertext links to websites of third parties, (f) you have verified or will verify the accuracy of materials distributed or made available through the Services,
including including your Content, descriptive claims and (g) your Content does not violate and will not infringe or derogates from any rights of any third party (including any intellectual property
right) or any law, regulation or ordinance.
5.2 Guarantee & Disclaimer
WebSelf.net guarantee that the Services will be provided by professionally qualified personnel. WEBSELF.NET DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY PURPOSE WHATSOEVER, THE SERVICES ARE PROVIDED AS IS AND AS THE AVAILABILITY OF TIME. Although WebSelf.net take all commercially reasonable steps to maintain security Services assumes no liability for the effectiveness of those safeguards so provided.
6. Exclusion and Limitation of Liability
6.1 Exclusion of liability
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WEBSELF.NET, ITS AFFILIATES, SUBSIDIARIES OR THEIR OFFICERS, DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS,
RESELLERS AND DISTRIBUTORS (collectively, "WEBSELF.NET ENTITIES" AND EACH BEING AN INDIVIDUAL " ENTITY WEBSELF.NET) BEAR THE RESPONSIBILITY FOR ANY DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES OR FOR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING AS TO DAMAGES FOR LOST PROFITS, THE GOODWILL, THE OPPORTUNITY, REVENUE, USE OF
INFORMATION AND BEING OR RESULTING DIRECTLY OR INDIRECTLY RELATED TO THIS AGREEMENT OR THE SERVICE, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE ENTITIES HAVE
BEEN ADVISED WEBSELF.NET OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING DAMAGES OR LOSSES ARISING OUT OF OR IN ANY WAY IN CONNECTION WITH DELAYS, ERRORS, INTERRUPTIONS,
ERRORS, OMISSIONS, NON-DELIVERIES, DELIVERY OF ERRORS, VIRUSES OR DEFECTS IN THE TRANSMISSION OF INFORMATION, MATERIAL OR DATA THROUGH THE SYSTEMS OR NETWORKS WEBSELF.NET OR THIRD PARTIES.
6.2 Limitation of Liability
IN SOME CIRCUMSTANCES, IT IS POSSIBLE THAT YOU HAVE A RIGHT TO COMPENSATION FOR THE PART OF ONE OR MORE ENTITIES WEBSELF.NET. IF APPLICABLE, THE CUMULATIVE LIABILITY OF ENTITIES WEBSELF.NET
FOR DAMAGES IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO WEBSELF.NET UNDER THIS AGREEMENT DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM IS BORN. THIS LIMITATION
APPLIES TO ALL CAUSES OF ACTION TAKEN IN THEIR ENTIRETY, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORT. THE RATES ESTABLISHED HEREUNDER
BY WEBSELF.NET FOR SERVICES HAVE BEEN AND WILL CONTINUE TO BE BASED ON THE ALLOCATION OF RISK. THEREFORE, BY THE HEREIN, YOU RELEASE THE WEBSELF.NET ENTITIES OF ALL OBLIGATIONS, LIABILITIES AND CLAIMS
IN EXCESS OF THE LIMITATION STATED IN THIS PARAGRAPH.
6.3 Service Interruption
For this, you acknowledge and agree that WebSelf.net and its suppliers assume no responsibility for any temporary delay, outages or interruptions of the Services. In addition, WebSelf.net is not responsible for any delay or failure to perform its obligations under this Agreement, where such delays or defects resulting from acts of God or other causes beyond the reasonable way to his will ( including without limitation mechanical failure, electronic, communications or attributable to third supplier).
7. Compensation
7.1 Indemnity to WebSelf.net
For these, you release and disclaim all responsibility and agree to indemnify Entities WebSelf.net against all claims, actions, suits, proceedings, liabilities, damages, settlements, penalties, fines, costs or expenses ( including including reasonable attorneys' fees and other legal costs) incurred by the entities WebSelf.net, consequential or relating to (a) your violation or breach of any terms, conditions representations or warranties under this Agreement or any applicable policies, (b) your improper or illegal use of the Services, or (c) your breach or alleged infringement, or your misappropriation of intellectual property right (including without limitation defamation, libel, violation of privacy or publicity)
7.2 Third Party Beneficiaries
Take note hereby that WebSelf.net Entities are party beneficiaries of this Agreement and have a right to enforcement of the exclusions and limitations of liability and compensation enshrined in the Contract.
8. General Provisions
8.1 Contracts indivisible
This Agreement, including all documents, websites, rules, conditions and policies which he refers, constitute the entire agreement between you and WebSelf.net on issues which it is referred to in this Agreement; they supersede all prior agreements and understandings or concurrent, whether in electronic form, verbal or written, between you and WebSelf.net these subjects.
8.2 No waiver
The fact that WebSelf.net did not insist on strict compliance with any provisions of this Agreement, or required his execution should not be construed as a waiver in respect of a provision or right. Neither behavior or business practices that occur between you and WebSelf.net will not make changes to any provisions of this Agreement
8.3 Severability
If either party to this Agreement should be declared invalid or unenforceable, it would be construed in accordance with applicable law to reflect as much as possible for the arrangement originally agreed between you and WebSelf.net while than other parts of the Contract remain in effect and fully enforceable.
8.4 Choice of applicable law
This Agreement shall be governed and interpreted according to the laws of the Province of Quebec, Canada. Hereby, you agree irrevocably to the exclusive jurisdiction of the courts of the Province of Quebec and federal courts located in Quebec in respect of any dispute in connection with this Contract. It is prohibited to use the Services in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph.
8.5 Limitation
Any cause of action you may have in connection with this Contract or Internet services WebSelf.net must be the subject of proceedings undertaken over a period of 1 year from the time occurred on cause of action or claim, without which the cause is barred.
8.6 Successors
All references to website addresses WebSelf.net contained in this Agreement shall also include any successor Web sites or replacement containing information substantially similar to Web sites referenced.
8.7 Assignment
WebSelf.net may at any time assign its rights and obligations under this Agreement, in whole or in part, without notice to you. You may not assign this Agreement.
8.8 Application
This agreement will benefit you and WebSelf.net and our respective personal representatives and legal successors and assigns designated, while linking all these parties.
8.9 Rights to overlapping jurisdiction
The rights, powers and remedies vested in WebSelf.net under this Agreement, including without limitation the right to suspend, restrict or terminate Services, are cumulative and in addition rather than replace any other right, power or remedy WebSelf.net available under law or in equity.
8.10 Retention force
All arrangements, including without limitation the disclaimers of warranty and limitations and exclusions of liability included herein and whose meaning is a continuation in force beyond the termination or expiration of this Agreement shall remain in force after the end this Agreement
8.11 Independent Contractors
You acknowledge that no relationship of joint venture, partnership, employment, or agency between you and WebSelf.net result of this agreement or use of the Services.
8.12 Titles
The section headings in this Agreement are purely practical and have no legal or contractual effect.