Terms of Service
Last Updated: April 24th, 2018
The terms confirmation
By using the information, tools, features and functionality located on Webastion.com, through any Webastion APIs, or through any software or other websites that interface with Webastion.com or its APIs (collectively the "Service"), you agree to be bound by this Agreement, whether you are a "Visitor" (meaning you merely browse the Webastion.com) or you are a "Member" (meaning you have registered with Webastion). The term "you" or "User" refers to a Visitor or a Member. If you wish to become a Member and make use of the Service you must read this Agreement and indicate your acceptance during the Registration process. If you accept this Agreement, you represent that you have the capacity to be bound by it or, if you are acting on behalf of a company or entity, that you have the authority to bind such entity. By accessing Service's materials User is bound to full and unconditional acceptance of this Public Offer Agreement and its Terms and Condition.
All content included on Webastion.com, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, as well as the compilation of that content into one, coherent website, is the property of Webastion and protected by international copyright laws. Reproduction of the content of Webastion.com without the written permission of Webastion is prohibited.
Service- and trademarks
The Webastion logo, and other Webastio ngraphics, logos, page headers, button icons, scripts, and service names are trademarks, certification marks, service marks, or other trade dress of Webastion or its subsidiaries. Webastion’s trademarks, certification marks, service marks, and trade dress have inherent meaning and substantial value because of their restricted use. They may not be used in connection with any product or service that is not Webastion’s, in any manner without Webastion’s permission. All other trademarks not owned by Webastion or its subsidiaries that appear on Webastion.com are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Webastion or its subsidiaries
Access to Webastion.com and its’ Services
Webastion grants you a limited license to access and make personal use of the Website or/and grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Service during the term for which you have purchased a plan. For purposes of this Agreement, a "Covered Website" shall mean a collection of files and documents used to display content via the Internet to those who access its Uniform Resource Locator ("URL"). This license prohibits your downloading (other than page caching) or modifying any portion of it, except with express, written consent of Webastion. This license does not allow resale of Webastion’s services without Webastion’s written permission signed by Webastion’s Authorised Representative person in hard copies. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Webastion.com without express written consent of Webastion. You may not use any meta tags or any other "hidden text" utilizing Webastion’s name or trademarks without the express written consent of Webastion. Any unauthorized use automatically terminates the permission or license granted by Webastion and may incur legal liabilities for any damages.
Your data, passwords and accounts
If you are issued an account, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. Webastion reserves the right to, under its sole discretion, refuse service, suspend or terminate accounts, or otherwise restrict access to Webastion.com and the Webastion Service. You retain full copyrights in any materials served through Webastion. Depending on the features you select, Webastion may modify the content of your site. For example, Webastion may detect any malicious or suspicious code in files and delete it or replace it with other code to keep it from blacklisted or to clean up it, or Webastion may insert code to install Webastion’s WAF (Web Application Firewall) or provides other Webastion’s security services. Webastion will make it clear whenever a feature will modify your content and, whenever possible, provide you a mechanism to allow you to disable the feature or restore modified files from backup. Webastion may but not required to save and keep and analyze all or a part of files were processed with Webastion.com or Service, to use such files for any purpose. Webastion.com and Service are not required to notify the User in any way about such use or processing or analysis and its results. The User does not have any direct or indirect rights to the results of such processing or analysis and any use thereof.
Visits tracking and Indemnity
Limitations of Liability
You agree that service offered free-of-charge (and/or offered for testing on a period; or offered for Free Trial period) are provided to User with no warranty and of a quality, in volume and with functions they possess in the Service. This principle implies that User shall not present claims, regarding availability, volume, quality or functions of the services offered free-of-charge and he/she takes all risks and responsibility for using these services. You agree that paid service are considered to be fully complied with if the Service did not receive an extensive written claim within 5 (five) days after the end of the calendar month when the corresponding service was provided. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Webastion.com must be filed within one year after such claim or cause of action arose or be forever barred.
Webastion Warranty Disclaimer
WEBASTION.COM, THE WEBASTION SERVICE, AND DOWNLOADABLE SOFTWARE ARE PROVIDED BY WEBASTIONON AN "AS IS" AND "AS AVAILABLE" BASIS. WEBASTIONMAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF WEBASTION.COM, THE EFFECTIVENESS OF ITS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON WEBASTION.COM. YOU EXPRESSLY AGREE THAT YOUR USE OF WEBASTION.COM, THE WEBASTIONSERVICE, AND ANY DOWNLOADABLE SOFTWARE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WEBASTIONDISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL WEBASTIONBE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF WEBASTION.COM, THE WEBASTIONSERVICE, OR DOWNLOADABLE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. WEBASTIONMAKES REASONABLE EFFORTS, BUT DOES NOT WARRANT THAT WEBASTION.COM, THE WEBASTIONSERVICE, ANY DOWNLOADABLE SOFTWARE, THE WEBASTIONSERVERS, OR EMAIL SENT FROM ANY OF ITS DOMAINS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WEBASTIONWILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBASTION.COM, THE WEBASTIONSERVICE, OR WEBASTIONDOWNLOADABLE SOFTWARE INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. WEBASTION.COM NOT GUARANTEE SERVICE ACCESSIBILITY DURING ANY TIME. WEBASTION.COM CAN ADD AND DELETE SERVICES, PARTS OF THE SERVICE, FUNCTIONS OF THE SERVICE OR/AND ANY DOWNLOADABLE SOFTWARE WITHOUT USER NOTIFICATION WARNING AT ANY TIME.
Webastion’s policy is to investigate violations of these Terms of Service and terminate repeat infringers. You agree that Webastion may, under certain circumstances and without prior notice, immediately terminate your Webastion account, any associated email address, and access to Webastion.com and associated Services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms of Service or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Service (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) you have engaged or are reasonably suspected to be engaged in fraudulent or illegal activities; (h) having provided false information as part of your account; (i) having failed to keep your account complete, true, and accurate; (j) any use of the Service deemed at Webastion sole discretion to be prohibited; (k) use of fraudulent payment methods; and/or (l) nonpayment of any fees owed by you in connection with Webastion.com and associated Services. Further, you agree that all terminations for cause shall be made in Webastion’s sole discretion and that Webastion shall not be liable to you or any third-party for any termination of your account, access to the Service, or any disruption to your services such a termination may cause. You expressly agree that in the case of a termination for cause you will not have any opportunity to cure. You will have thirty (30) days from the Service Commencement Date or any Renewal Commencement Date to cancel the Service (the "Cancellation Period"), in which case the Service will refund your Service Subscription Fee for the applicable Term provided that you have not submitted a Manual Malware Removal Request during the Cancellation Period or/and you have not sync ("Sync" means connect Covered Website to the Service when at least one of all automatic Service tools was available) your website with Service during the Cancellation Period. You agree that you will make any cancellation request by way of a general request ticket that you submit through the Service's ticketing system. Except as set forth above, your Service Subscription Fee shall be non-refundable.
Webastion may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on Webastion.com. In addition, the Agreement will indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
The Service may provide links to other websites or resources. Because Webastion has no control over such sites and resources, you acknowledge and agree that Webastion is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Webastion shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content.
The failure of Webastion to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Publicity and Information on beneficiaries
Webastion shall be permitted to identify you as a customer, to use your website's name in connection with proposals to prospective customers, to hyperlink to your website's home page, to display your logo on the Webastion’s website, and to otherwise refer to you in print or electronic form for marketing or reference purposes. You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to this Agreement.
If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that your Webastion account is non-transferable except with the written consent of Webastion.
By visiting Webastion.com, you agree that the laws of the Canada will govern these Conditions of Use and any dispute of any sort that might arise between you and Webastion or its affiliates. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Calgary, Canada.
Exceptions to Аdsflame Terms of Service
Providing something can be found as unlawful, that certain part of above terms of service won’t be valid anymore and will be deleted from the Webastion policy. Nonetheless, any aspects of these Terms of Service are valid and must be followed by our users. If you are eager to refuse any condition, you are ought to inform us personally and sign the granted document.