WebsiteWizard

Terms of Service

"GetResponse", the sole holder of WebsiteWizard and the WebsiteWizard.com web page, provides the Service to the Customers according to the following Terms of Service.

By purchasing, accessing, installing or otherwise using the Service, you agree to be bound by this Agreement. Please retain a copy of this Agreement for your records. If you do not agree with the Terms and Conditions of this Agreement, please do not use the Service.


The service

GetResponse provides the Customer with a complete tool to create and manage their website.

Within the Service, GetResponse provides three types of accounts: Starter ("Starter Account"), Optimum ("Optimum Account"), E-commerce ("E-commerce Account").

With a STARTER account the Customer receives, in particular, a full and comprehensive page editor that enables to create up to 15 pages, a content management tool, a hosting service with 100MB disk space, and forum. With an OPTIMUM account the Customer receives, in particular a full and comprehensive page editor, a content management tool, e-mail management tools, and SEO tools.

With an E-COMMERCE account the Customer receives all the functionality of a WebsiteWizard Optimum account and, additionally, they receive e-commerce tools for the website, such as: (1) online-shop, (2) ad-tracker management tool, and (3) affiliate program. The Customer additionally may register one domain name.

These Terms of Service are applicable to any WebsiteWizard Account type including but not limited to MaxAccount, promotional campaign accounts and special campaign accounts.

Upon uploading media file to the Service account, it will change its format. Such a change might result in a change of quality or other file factors.


Customer

The Service is provided to a registered user, hereinafter referred to as "the Customer".

On registration, the Customer chooses the type of account and agrees to:

  1. fill out the registration form in current, complete, and accurate data;
  2. choose an account type and a subscription plan;
  3. maintain and promptly update this data as a current, complete and accurate one;
  4. the Terms of Service stated herein, as well as to the GetResponse Anti-Spam Policy;
  5. comply with the provisions of the Terms of Service and the GetResponse Anti-Spam Policy;
  6. receive commercial information about products and services of GetResponse.

The Customer realizes that they are solely responsible for the content of materials, which are streamed by means of the Service, and accepts the fact that the Service is provided on an "as is" basis, without guarantees of any kind.

The content of materials streamed by means of the Service is provided to recipients by the Customer, not by GetResponse. Any and all communication through the Service is transmitted between the Customer and their recipients.


WebsiteWizard Domain

By registering a WebsiteWizard domain you can choose your own name and register a .com/.net/.org domain. GetResponse shall register your domain name only if the name is available. GetResponse does not provide the Customer any guarantee that submitted domain name shall be registered.

The Customer is required to put the correct wording and provide a full name of the domain they apply for. After submitting the order form with a domain name the Customer does not have the right to change the wording of their domain name.

The Customer agrees and acknowledges that GetResponse is not liable or responsible in any way for any errors, omissions or any other actions by the registry administrator arising out of or related to the Customer application and receipt of, or failure to receive, a domain name registration.

GetResponse do not provide the Customer with the right to transfer their domain to others hosting companies.

GetResponse cannot and do not verify or check whether the domain name selected by the Customer, or the use of the domain name, infringes legal rights of others. Investigation to see whether the selected domain name or its use infringes legal rights of others is recommended.

The Customer should be aware that GetResponse may be ordered by a court to cancel, modify, or transfer their domain name. The Customer should also be aware that if we are sued or threatened with lawsuit in connection with the use of their domain name, we may turn to you to hold us harmless and to indemnify us.


Payments

The payment includes fee for subscription to the Service account of a chosen type, Phone and Email Customer Support, access to additional features according to the account type. On registration the Customer chooses the payment conditions they want to subscribe for (hereinafter referred to as "the subscription plan").

Access to the Service shall be provided to the Customer for a specified period of time, upon receiving the subscription payment.

The Customer agrees to pay for the Service according to their subscription plan. The payments are recurring according to the subscription plan the Customer has chosen. GetResponse reserves the right to change the subscription plan at any time. The current Service fees are available at WebsiteWizard.com web page. Current Service fee shall apply to the Customer at all times. The recurring fee is based on a price list which is presented on the WebsiteWizard.com website at the time of registration to the Service.

The Customer may change the subscription plan at anytime and without any charges.

The Customer expressly consents that GetResponse is authorized to close their account in case the fees are not paid properly and in a timely manner.

GetResponse sends an email to the Customer, containing receipt to confirm the payment. GetResponse issues an invoice at the Customer's request.

Where appropriate, tax on goods and services (VAT) shall be added to the payment price in accordance with currently effective rates. Upon the receipt for each payment GetResponse will issue an invoice for the Service. The Customer expressly agrees to receive invoices issued by GetResponse by electronic means of communication.

GetResponse reserves at its sole discretion the right to change fees for the Service subscription.


Customer obligations

The Customer shall:

  1. ensure with no limits the due application of the Terms of Service and appropriate law; provisions regarding the streaming of the content on the Internet. Without any limitations, they shall not undertake any unlawful practices;
  2. present the content that is free from any rights of a third party and does not infringe the rights to the laws and regulations;
  3. use images from the WW Image Gallery according to the Terms and Conditions of the License governing the use of images.

The Customer should provide accurate and true registrant contact details and keep such contact details up to date. The Customer should make available their contact details on their website. If the Customer provides any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GetResponse has the right to suspend or terminate the Customer's account and refuse any and all current or future use of the Service.

The Customer may not use any hardware or software intended to damage or interfere with the proper and timely functioning of the Service or to surreptitiously intercept any system, data or personal information from our website, servers and/or the Service. The Customer cannot take any action which imposes either unreasonable or disproportionately large load on the website network or other GetResponse service infrastructure.

In the event of not receiving a payment or any other situation which causes failure to receive payment, or any charge back imposed on GetResponse that relates to the Customer's payment, GetResponse reserves, at its sole discretion, the right to terminate the Service immediately, without any prior notice to the Customer.

GetResponse reserves, at its sole discretion, the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders, in the event the Customer was notified to be spamming or was using the Service for illegal or expressly prohibited practices, or if the Customer was found infringing the Service or any other GetResponse websites or services.

GetResponse reserves the right to refuse any and all current or future use of the Service to the Customer who intentionally or maliciously evades the obligations stated in these Terms of Service, or arising from custom and other good commercial practices on the Internet.

The Customer cannot take any action which imposes an unreasonable or disproportionately large load on the website network or other GetResponse services infrastructure.

GetResponse reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at its sole discretion. GetResponse reserves the right to refuse any and all current or future use of the Service to the Customer who no matter if intentionally or maliciously or unintentionally evades the obligations stated in these Terms of Service, GetResponse Anti-Spam Policy, WebsiteWizard Merchant Account Agreement, or arising from custom, and other best practices of conduct in the Internet or good commercial practices.

If GetResponse finds the Customer to be spamming or using the Service for any abusive or illegal practices, such as scam, or fraud, will issue a warning. If GetResponse has any reason to believe that the Customer, despite warning being given, threatens to or is continuing such practices, then GetResponse may take action immediately, including disabling the Customer's account, and terminating the Service and/or reporting the Customer and the incident to the proper authorities.


Prohibited Practices

  1. The Customer is not allowed to use the Service to transmit any material that, intentionally or unintentionally, violates any applicable local, state, national or international laws, or any rules or regulations promulgated hereinafter, or any copyrights or any other rights of a third party.
  2. The Customer agrees that the use of the Service is subject to all applicable national, international, state, and local laws as well as any and all applicable regulations, including the Terms of Service. Furthermore, the Customer agrees that, as far as their business practices are concerned, they shall not, stream, disclose, engage and/or offer to sell any goods or services that:
    1. are unlawful, threatening, abusive, harassing, defamatory, obscene, libelous, slanderous, deceptive, fraudulent, invasive of another person's privacy, tortuous, or otherwise violate GetResponse's rules or policies;
    2. victimize, harass, degrade, or intimidate an individual or a group of individuals on the basis of religion, politics option, gender, sexual orientation, race, ethnicity, age, or disability;
    3. associate any content streamed through the Service with pornography, adult related material, child pornography, bigotry, racism, hatred, profanity, mail fraud, or any material which may be insulting to another person or a company;
    4. infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party, including, but not limited to, unauthorized copying and posting pictures, logos, software, articles, musical works and videos;
    5. contain harmful content, including, without limitation, software viruses, Trojan horses, worms, time bombs, cancel bots, spy-ware, or any other files, software programs, or technology that is designed or intended to disrupt, damage, surreptitiously intercept or expropriate services or any system, program, data or personal information, or limit the functioning of any software, hardware, or equipment or to damage or obtain unauthorized access to any data or other information of any third party;
    6. impersonate any person or entity, including any of our employees or representatives;
    7. violate any law, statute, ordinance, or regulation including, without limitation, those governing consumer protection, Internet tobacco sales, unfair competition, antidiscrimination or false advertising;
    8. offer or disseminate fraudulent goods, services, schemes, or promotions (e.g. make money fast schemes, chain letters, pyramid schemes) or engage in any unfair deceptive act or practice;
    9. are associated with any form of gambling or lottery type services;
    10. are associated with any form of adult, sexually oriented, or obscene materials or services, including without limitation, any material clearly designed to sexually arouse the viewer/reader (e.g. books, text, photos, videos, X-rated movies, pornographic materials, etc.), any materials which require individuals to be eighteen (18) or older to view or purchase those materials, escort services, and adult websites;
    11. are associated with the sale of:
      • any controlled drug that requires a prescription from a licensed practitioner; or
      • any over-the-counter drug, or
      • nonprescription drugs;
    12. are associated with illegal telecommunications or cable television equipment, such as access cards, access card programmers and unloopers, cable descramblers or filters;
    13. are associated with weapons of any kind and related items, including firearms, firearm parts and magazines, ammunition, BB and pellet guns, tear gas, stun guns, switchblade knives and martial arts weapons;
    14. market for:
      • nicotine, nicotine products, products imitating nicotine products, symbols related to smoking or nicotine;
      • alcohol of any kind;
      • drugs of any kind, products related to drugs, symbols related to drugs, the use of drugs of any kind;
      • medical services, medical aid, medical assistance, medicines;
      • video lotteries, cylindrical games, card games, dicing, and automated games;
    15. use the Service to call on minors directly to purchase products or services;
    16. encourage minors to influence their parents or other persons with an aim of impelling them to buy products or services marketed thru the Service;
    17. take advantage of minors' trust inexperience and credulity; exploit the special trust minors have in their parents, teachers or other persons;
    18. unreasonably show minors in dangerous situations, or
    19. use the Service to affect the subconscious of a recipient.
  3. The foregoing list is non-exhaustive of prohibited goods and services.

Offensive And Illegal Content

  1. Customer may upload and/or stream content to the Service account in connection with their use of the Service.
  2. GetResponse does not verify, endorse, or claim ownership of any content, and the Customer retain all right, title, and interest in and to their account' s content.
  3. Unless otherwise set forth in the Terms of Service GetResponse does not store any content except if necessary for GetResponse to perform the Service.
  4. GetResponse has no responsibility or liability for the deletion or accuracy of content, the failure to store, transmit or receive transmission of content (whether or not processed by the Service), or the security, privacy, storage, or transmission of other communications originating with or involving the use of the Service.
  5. Customer represents and warrants that:
    1. they are the owner, licensor, or authorized user of all content; and
    2. they will not upload, record, publish, post, link to, or otherwise transmit or distribute content that:
      (i) advocates, promotes, incites, instructs, assists or otherwise encourages violence or any illegal activities;
      (ii) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or GetResponse, or any rights of publicity or privacy of any party;
      (iii) attempts to mislead others about the Customer's identity or the origin of a message or other communication, or impersonates or otherwise misrepresents the Customer's affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate;
      (iv) promotes, solicits or comprises inappropriate, harassing, abusive, profane, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity;
      (v) is harmful to minors;
      (vi) contains any viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, information, or property of another; or
      (vii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising).
  6. GetResponse personnel will not access, view, or listen to any content, except as reasonably necessary to perform the Service in a legitimate way, including but not limited to the following:
    1. responding to the Customer Support requests;
    2. detecting, preventing, or otherwise addressing fraud, security, or technical issues;
    3. as deemed necessary or advisable by GetResponse in good faith conforming to legal requirements or comply with legal process.

Technical requirements

GetResponse assures that the Service will work properly on Internet Explorer 6.0, or higher, or Mozilla Firefox web browsers with plugins that allow Flash technology. We assure and guarantee that media stream of a previously uploaded media file will work properly only if the file has been successfully uploaded in a recognizable format. A list of recognizable formats can be found within the Service website.

The Customer expressly consents that the quality of motion pictures or streamed media file might differ from the quality of original file.

Moreover, we guarantee and the Customer recognizes that the Service will work properly if the Customer's camera and/or a microphone are recognized by the computer and browser Flash plug-in.


Privacy Policy

GetResponse constitutes the Privacy Policy as an inherent part of these Terms of Service.

GetResponse will never use the information about the Customer or about their customers, which are collected within the Service, to send any unsolicited messages or information nor will share it with or sell it to anyone else for such use according to the GetResponse Privacy Policy.

To perform the Agreement, GetResponse shall collect personal information, such as, but not limited to: (i) the Customer's first name, (ii) last name, address, (iii) credit card number, (iv) identification numbers, such as tax identification number, (v) phone number, (vi) email address, that is not otherwise publicly available.

The Customer shall have sole responsibility for any and all recipient's information used and submitted in connection with the Service. GetResponse shall have no responsibility thereto. The Customer shall comply with all data protection and privacy laws and rules applicable to their recipient's information. You shall defend, indemnify, and hold GetResponse harmless from any claim, suit or proceeding brought against GetResponse by a recipient in connection with any acts or omissions with regard to such information.

You agree and acknowledge that your information collected through the Service or in connection with the Service may be transferred across national boundaries and stored and processed in any of the countries around the world in which GetResponse maintains offices, including the United States.


Anti-Spam policy

GetResponse constitutes the GetResponse Anti-Spam Policy as an inherent part of these Terms of Service.

The Customer or any third party working on behalf of the Customer shall not use the Service and or the WebsiteWizard name, or the name of the Service Provider to send any unsolicited and unwanted email correspondence


Right to withdrawal

The Customer has a period of 30 days in which to withdraw from ordering the Service without penalty and without obligation to give any reason. In order to exercise this right to withdrawal the Customer should send an email using a form that they may access thru their WebsiteWizard account panel.

GetResponse is obliged to reimburse the total sum paid by the Customer in case the Customer exercises the right to withdrawal. Such reimbursement will be carried out by GetResponse in a reasonable time.


Customer Support Service

GetResponse provides Email Support for the Customers of the Service.

The Customer may address all questions, doubts, and report errors to the Customer Support Department via a web form, which can be found on the Service website. The Customer should provide us with at least the account name and/or their name, so we can investigate the issue and provide our feedback. GetResponse does not investigate or take any actions based on "anonymous" support requests. We assure that reaction shall occur within two business days after receiving a request from the Customer.

GetResponse distributes User Manual and other materials in order to support the Customers in using the Service.


Complaint procedure

The Customer accepts unconditionally that the Service is distributed on an "as is" basis without warranties of any kind, either expressed or implied.

The Customer is requested to submit their complaint to the Customer Support Department by sending an email using a form that they may access thru their WebsiteWizard account panel.

On complaint the Customer should provide at least the account name and their name. GetResponse does not investigate or take any action based on "anonymous" complaints.

The Customer Support Department will investigate the problem as soon as possible and inform the Customer how the issue will be processed.

The Customer has a right to be informed about the status of processing their issue.

If a problem with the service occurs, GetResponse assures to undertake all measures to solve it as soon as possible.


Copyright

All content included on the WebsiteWizard.com website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of GetResponse or its content suppliers and protected by Polish, U.S. and international copyright laws. No part of the WebsiteWizard.com website may be reproduced or transmitted in any form or by any means without written permission from GetResponse.


Trademarks

GetResponse, WebsiteWizard.com, WebsiteWizard, WebsiteWizard Starter Account, WebsiteWizard Optimum Account, WebsiteWizard E-commerce Account, are trademarks of Szymon Grabowski and GetResponse in the Republic of Poland, the United States and other countries.

Trademarks of Szymon Grabowski and GetResponse must not be used in conjunction with other companies' products or services, in any manner that may cause confusion among customers and potential customers, or in any manner that discredits GetResponse, its products and services.


Termination of a service

The Customer may terminate the Agreement at anytime. If the Customer wants to terminate the Service, they are required to fill out a cancellation request form no later than two working days before the recurring date.

GetResponse reserves at its sole discretion the right to terminate the Service in the event of not receiving a payment or a recurring payment.

GetResponse reserves at its sole discretion the right to terminate the Service immediately in the event of finding the Customer to be using GetResponse services for spam activities and other abusive and/or illegal practices.

GetResponse reserves at its sole discretion the right to terminate the Service in the event of receiving independent verification that the Customer provided grossly inaccurate, unreliable or false contact details, or failed to keep such contact details up to date.


Disclaimer of warranties, limitation of liabilities

THE SERVICE AND THE WEBSITE ARE DISTRIBUTED ON "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

GETRESPONSE DOES NOT WARRANT FOR THE WEBSITE AND THE SERVICE IT IS PROVIDING. GETRESPONSE DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PURPOSE STATED OR DESIRED BY THE CUSTOMER. GETRESPONSE DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR FREE OR UNINTERRUPTED.

IN NO EVENT WILL GETRESPONSE NOR ITS AGENTS, EMPLOYEES, DIRECTORS, OFFICERS OR SUPPLIERS BE LIABLE HEREUNDER OR UNDER ANY SERVICES SCHEDULE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE (EVEN IF GETRESPONSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS) INCLUDING, BUT NOT LIMITED TO, LOST BUSINESS REVENUE, LOSS OF PROFITS, LOSS OF DATA, FAILURE TO REALIZE EXPECTED PROFITS OR SAVINGS OR OTHER COMMERCIAL OR ECONOMIC LOSS OF ANY KIND OR ANY CLAIM AGAINST THE CUSTOMER BY ANY OTHER PERSON RESULTING FROM OR ARISING IN ANY CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT, ANY SERVICES SCHEDULE OR ANY OBLIGATION HEREUNDER OR THEREUNDER (INCLUDING THE SERVICES), HOWSOEVER CAUSED (INCLUDING BREACH OF A WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT, OR ANY LEGAL, STATUTORY OR EQUITABLE CAUSE OF ACTION).

GetResponse is not responsible for any delay or failure in performance due to Force Majeure, or other occurrences that are beyond GetResponse's reasonable control. GetResponse is not responsible for short, temporary and accidental suspension of the Service as a result of circumstances which GetResponse could not foresee or suspect.

The Customer recognizes that GetResponse does not own or control other networks, information and systems outside of its own network, nor is GetResponse responsible for performance or non-performance within such networks. GetResponse exercises no control over and specifically denies any responsibility for the content, information, accuracy or quality of the information and/or data passing through its network or the Service provided.

The use of the Service is at the Customer's sole risk. GetResponse is in no way responsible for the conduct of its Customers, the content of the pages created, saved and displayed while using the Service. GetResponse is not responsible for any indirect, incidental, special, punitive, or consequential damage that results from the Customer's or the Customer's visitors' use of the Service, including, without limitation, any such damage or loss resulting from the Service interruption or delay.

The Customer hereby indemnifies, and holds harmless, GetResponse and its officers, directors, employees and agents from and against all claims, proceedings, liabilities, actions, suits, judgments and orders for any indirect, incidental, special, punitive or consequential damage to any person or entity resulting from the use or misuse of the Service, including but not limited to the willful misconduct or negligent acts or omissions of the Customer or the Customer's officers, agents, employees or subcontractors. GetResponse shall notify the Customer as soon as reasonably practical of any such claim, demand or cause of action for which GetResponse will require such indemnification from Customer. GetResponse will provide Customer with reasonable information and assistance for the Customer to defend such claim, demand, or cause of action.

GetResponse shall not have any liability for any damage suffered by the Customer or any third party as a result of the use or the misuse of the Service.


Final Provisions

The illegality, invalidity or unenforceability of any provision of these Terms of Service shall not affect the legality, validity and enforceability of any other provisions hereof.

GetResponse reserves the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with the WebsiteWizard.com website, including these Terms of Service, at any time without notice.

This Service shall be interpreted and construed according to, and governed by, the laws of the Republic of Poland, excluding any such laws that might direct the application of the laws of another jurisdiction. The law of the Republic of Poland and Polish Court shall be jurisdiction.