WebStarts Terms and Conditions

Terms and Conditions

Effective Date: August 1, 2007

A Violation of any of the below Terms of Service will result in action by Webstarts up to and possibly including the termination of your account, with or without warning.

Webstarts is a private service which provides free site building tools and free web hosting. We offer our free members up to 10MB of web space, and many site building, editing, and promotion tools. Webstarts reserves the right to cancel any account for any reason or no reason at all. Webstarts provides web hosting to any site that abides to our terms and conditions. Webstarts reserves the right to change the terms and conditions at any time. Webstarts users are entirely liable for all activities conducted through your account.

The following rules apply while using Webstarts services:

Pornographic, obscene, nude, graphically violent, and other inappropriate content is strictly prohibited.
Offensive and indecent directory names are not allowed and will be blocked.

Webstarts is not responsible for the content of any member homepages. We reserve the right to remove any homepages that are in violation of our terms and conditions. Members will be held legally responsible for the contents of the web pages they create including but not limited to use of copyrighted material without the permission of the author or posting material considered indecent for minors. The use of Webstarts for illegal purposes is strictly forbidden and any website found to be or believed to be, in Webstarts sole discretion, violating the law may be removed without notice. Webstarts membership will be revoked if any of the following activities occur:

Adult or Pornographic related
Hate, Bigotry, and/or Intolerance
Warez or Software Piracy related
Music Piracy Related
Hacking Related
Making available copyrighted software which has been "cracked" (e.g., copyright protection for the software has been removed)
Making available serial numbers for software which can be used to illegally validate or register software.
Making available tools which can be used for no purpose other than "cracking" software.
Spamming to promote your website
Anything related to illegal activity

We do not allow any type of programs, software, or MP3 files on our server unless you are the full owner and have all rights to the file. This includes files with the following extensions: our server .rar, .arj, .tar, .mp3 or .exe. Copyrighted files not belonging to users posting those files may be deleted without notice!

You and any person who has access to your account must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content. Webstarts reserves the right to remove Content which is deemed in Webstarts sole discretion harmful, offensive, or otherwise in violation of the Rules or any rules or policies Webstarts has in place at the time.

You or Webstarts may terminate your Account at any time for any reason. However, THE PURCHASES OF ANY WEBSTARTS PRODUCTS ARE NON-REFUNDABLE. Even if you are no longer using the service, you may not request a refund of the total or partial amount of your membership. Webstarts provides you with the ability to create a completely free account that never expires. It is this account that allows you to test out the service and determine if Webstarts is going to work for you. Once you complete your purchase, you have aknowledged that it is in fact going to work for you. As a reminder to help you identify the charge, it will appear as "Webstarts" on your next credit card statement.

You agree to pay or have paid all fees and charges incurred in connection with the service (including any applicable taxes). All fees and charges are non-refundable. We may change the fees and charges in effect for using the service and may conduct changes on the site from time to time. You also are responsible for any fees or charges incurred to access the service through an Internet access provider or other third party service, including but not limited to telephone charges. YOU, AND NOT WE, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.

All WebStarts product renewal invoices are placed on autopay by default. This is done to avoid any downtime for your website or the loss of your domain name due to a late payment as well as retain any previously held discounted rate. Renewal invoices are generated 30 days prior to your anniversary date in order to secure your domain name in time and avoid cancellation. Failure to maintain an active card on file and leave autopay on will result in the forfeiture of any applied discount.

THE WEBSTARTS SERVICE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WEBSTARTS DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THE IMPLIED CONDITION OF SATISFACTORY QUALITY AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU ACKNOWLEDGE THAT IF YOU RELY ON ANY INFORMATION OR CONTENT ON THE SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK.

Webstarts will not be liable for any of its services. We have the right to cancel our service at any time, and we will not be liable for any files that are lost and/or corrupted which may occur (including, for example, from a system crash, security breach, or hard disk failure). To the full extent permissible under the applicable law, Webstarts shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use Webstarts services. You agree, at your own expense, to indemnify, defend and hold harmless Webstarts and its affiliates, officers, directors, employees, consultants, agents, suppliers and licensors from and against any and all third party claims, liability, damages, losses and/or costs (including but not limited to reasonable attorneys’ fees) arising from or relating to: (a) your failure to comply with these terms of use; (b) your infringement or violation of any intellectual property or other right of a third party; or (c) your violation of any applicable law.

All templates offered by Webstarts are copyrighted material. Such templates are offered for use to Webstarts users under license only, and are not offered for sale or unbridled use. Such license limits use of Webstarts templates to sites hosted by Webstarts.com. Webstarts templates may not be transferred to or hosted on another web host or Internet Service Provider.

These terms of use shall be governed by and construed in accordance with the laws of the State of Florida. Both parties submit to the personal jurisdiction in Florida. These Terms of Use constitute the entire agreement between you and Webstarts with respect to the Service. You acknowledge and agree that you have read and understand the provisions of these terms of use. By using this site, you consent to the terms of use described herein, including any updates. Webstarts reserves the right to vary these terms of use from time to time and will update the “Effective Date” section above when such changes are made.

Abuse Policies

Internet Safety

Webstarts is dedicated to the millions of users who create or are affected by sites created using our services. The internet is a vast ocean of information that can be used to express ideas, interests, experiences, feelings and thoughts.

Webstarts is a powerful tool enabling our users to easily express these things. It is our goal to make this experience as enjoyable as possible in a clean and respectful environment. We hope that some of these resources will be found useful to you.

Webstarts respects the intellectual property of others, and we ask that subscribers of our services do the same. In connection with our services, Webstarts has adopted and implemented a policy respecting copyright law that provides for the termination, in appropriate circumstances, of subscribers of Webstarts’ online services who are repeat infringers of intellectual property rights, including copyrights.

If you believe that one of our subscribers is, through the use of our services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed from a Webstarts-supported web site, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to Webstarts’ designated Copyright Agent:

Identification of the copyrighted work(s) that you claim to have been infringed;
Identification of where the infringing material is located on a web site supported by Webstarts;
A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law;
A statement that the information in the notification is accurate, and that under penalty of perjury, you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner;
Your address, telephone number, and e-mail address; and
Your physical or electronic signature.

Please note that pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by Webstarts in connection with the written notification and allegation of copyright infringement.

The designated Copyright Agent for Webstarts is:

Copyright Agent
c/o Webstarts Abuse Department
Webstarts Corporation
958 111th Ave. NE Suite 2504
Bellevue, WA 98004
By phone: (800) 805-0920
By email: abuse@Webstarts.com

Trademark Violations

If you find a site hosted by Webstarts which is in violation of trademark(s) held by yourself, company, or organization, please make sure that you have the following information to submit to Webstarts:

The name held in trademark
The site address in violation of your trademark
The name of the page(s) that contains the content in question
Supporting documentation for the trademark, ex: Federal Trademark ID #
Method of violation (use and intent of content)

Defamation, Privacy and Youth

As one of the largest Web Hosting companies in the world, with hundreds of thousands of sites and and thousands more created daily, we are unable to catch all violations as sites are created. Our sites are also edited 24 hours a day and seven days a week, internationally, which makes the task of preventing inappropriate use of our services impossible as the content is being created.

With this many users, we take great pride in allowing these users to express their interests and communicate with others in a positive environment. We understand that many users also use our services for negative purposes, such as defamation of character in the form of libel. We are also aware that many users post information or images of others without the consent of the individuals.

Webstarts is aware that the person that has created an inappropriate site can do so again, either with our services or using one of the many other services on the web, should we simply delete the site. It is for this reason that we take the approach of confronting the problem in hopes of nurturing a positive reaction from the violator.

Webstarts Civil Subpoena Policy

Webstarts Privacy Policy prohibits the release of customer or account information without express permission from the customer, except when required by law, to conform to the edicts of the law, or to comply with legal process properly served on Webstarts or one of its affiliates.

If you seek the identity or account information of a Webstarts customer in connection with a civil legal matter, you must fax, mail, or serve Webstarts with a valid subpoena.

Submission of Subpoenas

All civil subpoenas should be served or mailed to:

Compliance Department
Webstarts
958 111th Ave. NE Suite 2504
Bellevue, WA 98004

Alternatively, the civil subpoena can be faxed to:

(800) 805-0920
Attn: Compliance Department

Notice to Customer and Response Time

Upon the receipt of a valid civil subpoena, Webstarts will promptly notify the customer whose information is sought via e-mail or U.S. mail. If the circumstances do not amount to an emergency, Webstarts will not immediately produce the customer information sought by the subpoena and will provide the customer an opportunity to move to quash the subpoena in court. Webstarts reserves the right to charge an administration fee to the customer by charging the Payment Method the customer has on file with Webstarts.

Fees for Subpoena Compliance

Webstarts will charge the person or entity submitting the civil subpoena for costs associated with subpoena compliance. Payment must be made within thirty (30) days from the date of receipt of the Webstarts invoice.

Webstarts's subpoena compliance costs are as follows:

Research - $75.00/hour
Federal Express - Cost as Billed
Copies - $.25/page
Policies Regarding E-mail

Webstarts will not produce the content of e-mail, as the Electronic Communications Privacy Act, 18 U.S.C. §2701 et seq., prohibits an electronic communications service provider from producing the contents of electronic communications, even pursuant to subpoena or court order, except in limited circumstances. Webstarts' e-mail servers do not retain deleted or sent e-mail.

Webstarts reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the Webstarts e-mail address is related to the pending litigation and the underlying subpoena.

If you are a parent and are concerned about a site created by your child, please be informed that your child has full access to the account and can delete both content or the entire site at any time. Due to the many false complaints we receive, we do not freeze or delete a site unless we find a violation of our Terms-of-Service. Also, if your child has come across a Webstarts site which you find inappropriate, please inform us of this, but be aware that they most likely found this site after having been given the address from a friend. It might better suit your purposes to address the situation offline as well as reporting it to us.

If you find a site hosted by Webstarts which is defaming your character, someone you know, your company, or organization, please make sure that you have the following information to submit to Webstarts.

The site address in violation
The name of the page(s) that contains the content in question
The specific location of the violation
Method of violation (image or text)

Adult or Inappropriate Content

Pornographic, obscene, nude, graphically violent, and other inappropriate content is strictly prohibited.

Webstarts treats all abuse violations on a case by case basis. Violations which fall into this category sometimes cannot be determined by expressing a definition, but there are some guidelines which can be used to determine if the content on a site is in violation of our Terms-of-Service.

Please review the following guidelines:

Adult images are any nude images of the human or humanoid form which depict the nude body in a manner other than in the classical style (i.e. the Statue of David, Venus de Milo, Da Vinci Man Figure, etc). Contemporary nude "art" is considered adult content and is in violation of our Term-of-Service.

Artistic nudes in the classical style must be content specific. If such an image is used, it must fall in line with the theme of the site. Alterations of the work for any purpose will be considered a violation of our Terms-of-Service.

Any text which describes, refers to, or alludes to services, stories, or products of an adult or sexual nature is a violation of our terms.