Onbile’s Terms of Service
Last updated on January 2th 2014
The Spanish version of these Terms of Service is the final version for legal purposes. This translation into English is merely informative.
By using the Service in any way you are agreeing to comply with the terms and conditions of this agreement with ONBILE LLC. This agreement may be updated without notice, so we encourage you to check it out regularly.
You must be at least 18 years old and competent to enter into a contract to use the Service.
The use of this website or other related websites, toolbars, widgets, applications or distribution channels we may operate from, or the services available on the site, is subject to and conditioned upon acceptance of and compliance with all of these terms of service. Parts of the service may be subject to other terms and conditions and your use of such parts is subject and conditioned to your acceptance of such additional terms and conditions.
By accessing the site and the service, you confirm and acknowledge that you have (i) read this agreement and that you understand its content, and (ii) that you agree to be bound by this agreement between you and Onbile.
We may change the terms of this Agreement at any time and at our discretion, without us being obliged to notify you. You are advised to periodically check this document in case there were changes. If you do not agree to be bound by the terms and conditions of this Agreement do not use or access the Site nor the Service.
You agree that the Services, which include all software and documentation, in both electronic or printed media, contain copyrighted material, trade secrets, patent pending material, and other proprietary intellectual property. ONBILE has the exclusive ownership of the Services. They are protected by copyright, trade secret, patent laws, and other proprietary rights and laws, and they may only be used or accessed as specifically provided for in this Agreement.
You agree that you will not copy, display, distribute, lease, loan, modify, rent, reverse assemble, reverse engineer, sell, store, transfer, transmit or otherwise attempt to discover any programming code or any source code used in the Service. You may not sell, assign, sublicense, grant a security interest in, or otherwise attempt to, transfer any right in the Services, create derivative works based on the Services or, in any manner, commercially exploit the Services, in whole or in part.
You also agree that violations by you or any other person or entity of these copyrights, trade secrets, patents, other intellectual property protections, or the terms of this Agreement will be prosecuted to the fullest extent of the law in the corresponding courts of law.
You may use the Services for personal and business purposes, or for internal business purposes for the organization that you represent, as long as you are in compliance with all the provisions of this Agreement. In order to provide the Service, we may obtain and rely on certain information provided from third parties and third party software and applications. We cannot guarantee the accuracy or completeness of such data.
We do not claim ownership of the Content that you place on your website or that you submit from your mobile website. By submitting Content to us for inclusion on your mobile website, you grant us a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your mobile website, and to store it in our servers. This license exists only for as long as you continue to be our customer and shall be terminated upon receiving written notice from you. You acknowledge that we do not pre-screen Content. However, we reserve the right to refuse or remove any Content that is available to third parties via the Service. Without prejudice of the aforementioned, we have the right to remove any Content that violates this Agreement or is otherwise objectionable.
In connection with your use of the Site or the Service, you may be made aware of services, products, offers and promotions provided by third parties. If you decide to use such third parties' services, you will be the sole responsible for reviewing and understanding the terms and conditions governing such services, and acknowledge that the third party is responsible for the performance of such services.
Any downloads of software from the Site or from authorized third party websites, which enable you to access and use the Service, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software, is licensed to you by us or by third-party licensors for your personal, noncommercial use only. You shall keep intact all copyright and other proprietary notices and your use of such Software is strictly subject to the terms of this Agreement and any agreement accompanying the Software.
It is your obligation to ensure that you fully comply with all applicable laws, regulations and directives with regard to the use of the Site and the Service. For the avoidance of doubt, the ability to access our Site or the Service does not necessarily mean that your use thereof is legal under relevant laws, regulations and directives.
- User Conduct and Acceptable Use
You may access and use the Site and Service only for their intended purposes, as long as you are in compliance with all provisions of this Agreement. In connection with your use of the Site and the Service, you agree to abide by all applicable local, state, national and international laws and regulations, and to not allow or facilitate the violation or infringement of any rights (including, without limitation, copyrights, rights of publicity or privacy and trademarks) of others, our policies or the operational or security mechanisms of the Service by a third party. And, without limiting the foregoing, you may not:
- Use the Site, the Service, or any content, services, features, data, information, text, images, photographs, graphics, scripts, sounds, video, music, sound recordings, programming, logos, trademarks, service marks, HTML code, compilation of content, format, design of the user interface and software made available through or which appears on the Site or Service ("Content") to promote, conduct, or contribute to fraudulent, obscene, pornographic, inappropriate or illegal activities, including without limitation deceptive impersonation, in connection with contests, pyramid schemes, surveys, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Interfere with the access, use or enjoyment of this Site or the Service by others (including without limitation causing greater demand on the Service than we may deem reasonable, attacks such as "flaming" other participants in a manner that might incite or perpetuate a conflict or argument, and creating usernames to attack other participants' identities); harass or defame others; or promote hatred towards any group of people.
- Collect in any way non-public information about another user obtained through the Site or the Service (including without limitation email addresses), without prior written consent of the holder of the appropriate rights to such information.
- Add a Site member to your email or physical mailing list without their consent after adequate disclosure, or use their email address or contact details for antisocial, disruptive, or destructive purposes, including "flaming," "spamming," "flooding," "trolling," and "griefing" as these terms are commonly understood and used on the internet.
- Use any Content except for the intended purposes of the Service and Site, subject always to the terms of this Agreement. You may not display, import or export feedback information relating to the Site or use it for purposes unrelated to the Service without our prior written consent.
- Alter, modify, delete, forge, frame, hyper-link, create derivative works or otherwise interfere with or in any manner disrupt or evade the commitment to any part of the Site, the Service, any Content, or features.
- Access or attempt to access any of our systems, programs or data that are not made available for public use, or attempt to bypass any registration processes on the Service.
- Decompile, disassemble, reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of the Site or the Service.
- Copy, distribute, transmit, broadcast, publicly display or perform, rent or sell any part of the Service, the Site or the Content.
- Use any robot, spider, other automated device or any tool-bar, web-bar, other web-client, device, software, routine or manual process, to monitor or scrap information from this Site or the Service, or bypass any robot exclusion request (either on headers or anywhere else on the Site).
- Fail to make timely payment for your purchases.
- Use any meta tags or any other "hidden text" utilizing any trademarks or intellectual property owned or licensed by us.
- Create or provide any other means through which the Service may be accessed, for example, through server emulators, whether for profit or not.
- 'Deep-link', redistribution or facilitation of Content for its redistribution.
- Abuse or use any other means to affect or manipulate the Service in general or the prices quoted through the Service.
We are not responsible for the accurate usefulness, safety or intellectual property rights of or relating to any Content, other than Content provided by us.
ONBILE does not allow any of the following content, or links to such content, to be published on the Service:
- Content of a pornographic, sexually explicit, or violent nature.
- Content of an illegal nature (including stolen copyrighted material).
- Pirated software sites, including cracking programs or cracking program archives.
- Content with the sole purpose of causing harm or inciting hate, or content that could be reasonably considered as slanderous or libelous.
Users posting any of the above content on their sites will be notified using User's current email address on file, and given a 48 hour grace period to make any corrective actions necessary. If no corrective actions are taken, ONBILE will suspend the services of the member account until a resolution is met between ONBILE and the User. A repeated violation of this Policy may cause cancellation of service without refund of any fees.
In addition, ONBILE does not allow any of the following:
- Users may not use the Service as a remote storage server only.
- Users may not access the Service through automated methods. Use of robots or other computer code which calls the Service, except where explicitly allowed, is absolutely forbidden.
- Users may not upload individual files larger than 20MB. ONBILE reserves the right to refuse to host any downloadable file.
- Users may not send unsolicited messages (also known as junk mail or SPAM) to promote any website published on the Service.
Users are not permitted to knowingly allow another website or hosting server to link to content files stored on ONBILE's servers. Users that use ONBILE solely as a remote storage server will have their account immediately terminated and will have all files associated with their account permanently removed.
The final choice of whether an account is in violation of any of these policies is at the sole discretion of ONBILE.
Violation of any of these policies may result in tracking information being stored to identify the offending user, and permanent restriction from holding an account on the Service.
- User Conduct and Acceptable Use
Registration and Account Management.
Some functions of the Service require registration, and as part of the process you will be requested to provide certain information including, among others, first name, last name, email address ("Registration Data"). You agree to:
- Provide true, accurate, current and complete Registration Data as requested for the registration process.
- Maintain and promptly update the Registration Data to keep it accurate, current and complete.
- Maintain the security and confidentiality of your password and any other security or access information used by you to access the Site or its Services.
- Ensure that you log out of the Service at the end of each session.
- Refrain from transferring your user account on the Service to any other party without our prior written consent.
- Refrain from impersonating any person or entity or misrepresent their identity or affiliation with any person or entity, including using another person's username, password or other Registration Data.
- Immediately notify us in writing if you become aware of any loss, theft or use by any other person or entity of any of your Registration Data in connection with the Site or the Service, or of any other breach of security that you become aware of involving or relating to the Site.
We assume that any communications and other activities related to the use of your Registration Data have been sent or authorized by you, and that you are therefore fully responsible for all activities that occur under your Registration Data.
We may, at our sole discretion and without notice or liability to you or any third party, immediately suspend or terminate your account and refuse any and all current or future access to and use of the Service (or any portion thereof). Grounds for such termination may include, but are not limited to, extended periods of inactivity, loss, theft or unauthorized use of your Registration Data, violation of the letter or spirit of this Agreement, providing content including, without limitation, Registration Data that is inappropriate or offensive at our discretion, or if we have reasonable grounds to suspect that any of the Registration Data that you provided is inaccurate, not current or incomplete.
By providing your Registration Data to us, you hereby consent to us sending, and you receiving, by means of telephone, FAX, SMS or email, communications containing content of a commercial nature relating to your use of the Site, the Service and related services, including further information and offers from us that we believe you may find useful or interesting, such as newsletters, marketing or promotional materials. You acknowledge that we do not have to obtain your prior consent (whether written or oral) before sending such communications to you, provided that we shall immediately cease to send any such further communications should you notify us in writing that you do not wish to receive such commercial content anymore.
Contract of Service and Fees
The User agrees to either a one (1)-month or a twelve (12)-month contract agreement with ONBILE. The User can opt to upgrade or downgrade their service agreement to any other contract agreement that ONBILE may be offering for sale at the moment, at any time during the User's contract term.
At the end of the contract term, the contract will be automatically renewed for the same term that it was initially contracted (either one (1) or twelve (12) months), until explicit cancellation by the User. Cancellation must be issued via a support ticket sent via the User's admin panel or via an email to firstname.lastname@example.org. Any cancellation must be done so at least ten (10) days prior to the end of the contract term, if the term is monthly, or thirty (30) days prior to the end of the contract term, if the term is yearly, in order to allow for adequate processing time.
- Taxes, Payments and Refund Policy.
ONBILE shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made by the User from or through ONBILE’s services. The User assumes full responsibility for all taxes and fees of any nature associated with the Services used or products purchased.
ONBILE will not, under any circumstances, issue cash refunds for early contract cancellation. ONBILE offers a free trial plan which allows users to evaluate the service, and subsequently ONBILE will be able to insert advertising on your ‘free mobile website’. No credit card information is collected to initiate a trial account, and charges will only be applied after explicit account purchase via the account billing area. At that moment, you will acquire your mobile site without advertising. If you have a questions about the charges made to your account, please contact us immediately. If the charges were made by mistake, we will immediately credit your account or credit card account for the appropriate amount.
ONBILE has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently blacklisted and barred from use of the Service. Any past due fees and costs will be sent to collection. Were our collection efforts to fail, unpaid debts will be reported to all available credit-reporting agencies.
Onbile’s no-refund policy applies to all the services offered through the website. This policy will apply to the templates with the feature "e-commerce".
The feature “e-commerce”, which is only available in some of the templates, is not offered as part of the free trial plan, and therefore cannot be tried for free before signing up for a paid plan. However, given the explicitly commercial nature of this service, it is also considered a non-refundable service, and no charges derived from the use of the same will be refunded to the User.
The User hereby acknowledges their understanding and agreement that Onbile will not refund any charges derived from the use of an e-commerce template.
- Temporary Use License Granted
For the duration of the correct logging process of your ONBILE user account, the User will be granted a non-exclusive, non-transferable temporary license, subject to the terms and requirements of this Agreement, to use the Services, and valid only on the single computer from which they temporarily accesses the Services directly from ONBILE's website.
A valid ONBILE account may only be created and maintained by a User who fully provides valid personal information about the User during the registration process. To maintain a valid account, the User must regularly update such information to assure its accuracy, and the User must always comply with the terms of this Agreement.
The User is not granted a license or any other right to store any of the Services (including any portion of the software or documentation) on any computer or other device, or to copy or otherwise use such information to create derivative works.
- Products and Services
ONBILE and its Partners provide Services on an "as is" basis. We shall make no effort to validate the content, precision or utility of any information provided by the User for use of the Services.
The use of ONBILE's services requires a certain level of knowledge in the use the Internet and World Wide Web. It is not the responsibility of Onbile to provide technical training on the use of the tool or the internet.
Only the services and features clearly indicated as ‘free’ or ‘no charge’ are free of charge. All other applications, features and functionalities provided by Onbile are provided for a fee and the User is liable for payment of such fees.
The User may NOT:
- Rent, lease or provide the Services (including any software or documentation used by or with the service) to third parties.
- Decompile, disassemble, reverse engineer, copy, create a derivative work, or display the Software code in human readable form, or otherwise use the Services (including its software and documentation) except as explicitly provided for in this agreement.
- Store, publish, or give the Services (including software and documentation) to others, or otherwise enable its use by others.
- Age and Nature of the User
The User certifies that he or she is at least 18 years of age. The Services may not be used by any automated device or automated computational machine, and may only be used or accessed using an electronic device under the manual control of the User at all times.
This Service may be terminated by either party, without cause, by giving the other party ten (10) or thirty (30) days’ written notice, as the case may be (see section 4 above).
Notwithstanding the above, ONBILE may terminate the Services at any time, without penalty and without notice, if the User fails to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services. ONBILE may also seek legal prosecution of any violations of law or of this Agreement, and the User agrees to personal jurisdiction before the corresponding courts of law.
Upon notice of termination of the Services by ONBILE to the User, via the contact email of the user's account, or after voluntary termination of the service by the User, ONBILE has the right to delete all data, files, or other information stored in the User's account.
- Taxes, Payments and Refund Policy.
You acknowledge that the Service and Content, including without limitation Software, trademarks, service marks and logos contained on the Site, are protected by copyrights, trademarks, service marks, patents or other proprietary rights, both with respect to their individual content and as a compilation or collective work, pursuant to laws and international conventions. Any rights over the Content, the Site and the Service are reserved by us.
You acknowledge that the Content, including without limitation Marks, is protected by copyrights, trademarks, service marks, patents or other proprietary rights, both with respect to individual Content and as a compilation or collective work, pursuant to laws and international conventions. Any rights over the Content, the Site and the Service that are not expressly granted herein are reserved.
Were you to have a dispute with one or more users of the Site or the Service, you release Onbile (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Governing Law and Exclusive Courts.
This Agreement is governed by, and will be enforced in accord with, the laws of Spain. Any action brought against Onbile arising out of, or relating to, this Agreement must be brought in the courts of Valencia, Spain, and you consent to the exclusive jurisdiction of such courts.
- Limitation of Liability
You agree that our entire liability, and your exclusive remedy, with respect to any services provided under this Agreement and any breach of this Agreement, is solely limited to the amounts you have paid us. Onbile and its directors, employees, affiliates, subsidiaries, agents and third party providers and the applicable registries shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the services or for the cost of procurement of substitute services.
We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data nondelivery or data mis-delivery; (3) loss or liability resulting from acts of Nature; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your service. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
Disclaimers of all Warranties.
You agree that your use of our services is solely at your own risk. You agree that such services are provided on an "as is," "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 make no warranty that the services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
We make no warranty regarding any goods or services purchased or obtained through the service or any transactions entered into through the service. No advice or information, whether oral or written, obtained by you from us or through the service shall create any warranty not expressly made herein.
Links to Other Websites.
Links to this Site.
Subject to the terms of this Agreement, and as long as this Agreement is not terminated, we grant to you a nonexclusive, non-transferable, non-sublicensable right to display on your website a link to the Site's homepage, as long as your use is not misleading, illegal or defamatory, or your website is not obscene, pornographic, inappropriate or illegal. You may display Onbile’s logo only in the form and size provided to you. You may not use the logo in any way that suggests that we endorse or sponsor your site, or that tarnishes, blurs or dilutes the quality of our trademarks or any associated goodwill, including without limitation displaying the logo on any page that contains infringing, misleading or illegal content. All use of, and goodwill associated with, the logo shall be in our benefit.
Any material, including without limitation, idea, knowledge, technique, marketing plan, information, questions, answers, suggestions, emails and comments, provided by you to us shall not be considered confidential or of a proprietary nature. In providing us with material, you authorize us to use it and any developments or derivatives thereof, according to our needs as determined, at our sole discretion, including its use for public relations and promotion of the Site and the Service in the online and offline media, and all this without requirement of any additional permission from you or the payment of any compensation to you.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and asserting any right or provision under the Agreement shall not constitute a waiver of such term. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. You agree that no joint venture, partnership, employment, franchise or agency relationship exists between you and us as a result of the use of the Site or the Service. This Agreement comprises the entire agreement between you and us, and respective liability with our suppliers' and your exclusive remedy with respect to the Site and the Service, and supersedes all prior agreements pertaining to the subject matter of this Agreement. If any provision(s) of this Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the original provision, and the other provisions shall remain in full force and effect. The section titles in this Agreement are solely used for their convenience and have no legal or contractual significance. No provision of the Agreement shall be construed against us but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis after opportunity to confer with advisors and legal counsel about the meaning and effects of the terms of this Agreement.
Copyright © ONBILE 2014. All rights reserved.