The following terms and conditions govern all use of the WebsiteToolbox.com website and all content, services and products available at or through the website, including, but not limited to, the WebsiteToolbox.com hosting services ("Services"). The Services are provided by Website Toolbox LLC ("Website Toolbox"). Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Website Toolbox Privacy Policy) and procedures that may be published from time to time on this Site by Website Toolbox (collectively, the "Agreement" ).
Please read this Agreement carefully before accessing or using the Services. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Services or use any Services. If these terms and conditions are considered an offer by Website Toolbox, acceptance is expressly limited to these terms. Services are available only to individuals who are at least 13 years old.
You must follow any policies made available to you within the Services.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services.
Our Services display some content that is not Website Toolbox’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
If you use our Services, you are responsible for maintaining the security of your account and the service, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the service. You must not describe or assign keywords to your service in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Website Toolbox may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Website Toolbox liability. You must immediately notify Website Toolbox of any unauthorized uses of your service, your account or any other breaches of security. Website Toolbox will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload, submit, store, send or receive content to or through our Services, you give Website Toolbox (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services. Services may offer you ways to access and remove content that has been provided to that Service. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
Without limiting any of those representations or warranties, Website Toolbox has the right (though not the obligation) to, in Website Toolbox's sole discretion (i) refuse or remove any content that, in Website Toolbox's reasonable opinion, violates any Website Toolbox policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Website Toolbox's sole discretion. Website Toolbox will have no obligation to provide a refund of any amounts previously paid.
If you operate a service, comment on a service, post material to the Services, post links on the Services, or otherwise make (or allow any third party to make) material available by means of the Services (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
Optional premium paid services such as domain purchases are available on the Services. By selecting a premium service you agree to pay Website Toolbox the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.
By signing up for a Premium Services you agree to pay Website Toolbox monthly hosting fees. Applicable fees will be invoiced starting from the day your Premium Services are established and in advance of using such services. Website Toolbox reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Premium Services can be canceled by you at anytime through the Website Toolbox admin area.
Website Toolbox has not reviewed, and cannot review, all of the material, including computer software, posted to the Services, and cannot therefore be responsible for that material's content, use or effects. By operating the Services, Website Toolbox does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Website Toolbox disclaims any responsibility for any harm resulting from the use by visitors of the Services, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which WebsiteToolbox.com links, and that link to WebsiteToolbox.com. Website Toolbox does not have any control over those non-Website Toolbox websites and webpages, and is not responsible for their contents or their use. By linking to a non-Website Toolbox website or webpage, Website Toolbox does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Website Toolbox disclaims any responsibility for any harm resulting from your use of non-Website Toolbox websites and webpages.
As Website Toolbox asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by WebsiteToolbox.com violates your copyright, you are encouraged to notify Website Toolbox in accordance with Website Toolbox Digital Millennium Copyright Act ("DMCA") Policy. Website Toolbox will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Website Toolbox or others, Website Toolbox may, in its discretion, terminate or deny access to and use of the Services. In the case of such termination, Website Toolbox will have no obligation to provide a refund of any amounts previously paid to Website Toolbox.
Website Toolbox reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. Website Toolbox may also, in the future, offer new services and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Website Toolbox may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your WebsiteToolbox.com account (if you have one), you may simply discontinue using the Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Services are provided "as is". Website Toolbox and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Website Toolbox nor its suppliers and licensors, makes any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Services at your own discretion and risk.
In no event will Website Toolbox, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Website Toolbox under this agreement during the twelve (12) month period prior to the cause of action. Website Toolbox shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You represent and warrant that (i) your use of the Services will be in strict accordance with the Website Toolbox Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Services will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless Website Toolbox, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Services, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Website Toolbox and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Website Toolbox, or by the posting by Website Toolbox of a revised version. The Agreement shall be governed by the laws of the Commonwealth of Puerto Rico, USA without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in the Commonwealth of Puerto Rico, USA. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Rights under this Agreement may be assigned to any party that consents to, and agrees to be bound by, its terms and conditions; Website Toolbox may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.