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"Implix", 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.
Implix provides the Customer with a complete tool to create and manage their website.
Within the Service, Implix 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.
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:
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 Implix. Any and all communication through the Service is transmitted between the Customer and their recipients.
Implix provides the Customer with a tool ("WebsiteWizard TalkStream") to create, develop, publish and stream audio and video file through the Internet, using a file which was previously uploaded to the Customer's account.
Implix declares and the Customer expressly agrees that the quality of streamed media file might differ from the uploaded stream, in order to fit standards of transferring data.
By registering a WebsiteWizard domain you can choose your own name and register a .com/.net/.org domain. Implix shall register your domain name only if the name is available. Implix 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 Implix 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.
Implix do not provide the Customer with the right to transfer their domain to others hosting companies.
Implix 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 Implix 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.
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. Implix 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 Implix is authorized to close their account in case the fees are not paid properly and in a timely manner.
Implix sends an email to the Customer, containing receipt to confirm the payment. Implix 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 Implix will issue an invoice for the Service. The Customer expressly agrees to receive invoices issued by Implix by electronic means of communication.
Implix reserves at its sole discretion the right to change fees for the Service subscription.
The Customer shall:
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, Implix 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 Implix 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 Implix that relates to the Customer's payment, Implix reserves, at its sole discretion, the right to terminate the Service immediately, without any prior notice to the Customer.
Implix 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 Implix websites or services.
Implix 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 Implix services infrastructure.
Implix reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at its sole discretion. Implix 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, Implix 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 Implix 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 Implix has any reason to believe that the Customer, despite warning being given, threatens to or is continuing such practices, then Implix 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.
Implix 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.
To perform the Agreement, Implix 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. Implix 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 Implix harmless from any claim, suit or proceeding brought against Implix 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 Implix maintains offices, including the United States.
Implix constitutes the Implix 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
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.
Implix 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 Implix in a reasonable time.
Implix 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. Implix 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.
Implix distributes User Manual and other materials in order to support the Customers in using the Service.
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. Implix 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, Implix assures to undertake all measures to solve it as soon as possible.
All content included on the WebsiteWizard.com website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Implix 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 Implix.
Implix, WebsiteWizard.com, WebsiteWizard, TalkStream, WebsiteWizard Starter Account, WebsiteWizard Optimum Account, WebsiteWizard E-commerce Account, are trademarks of Szymon Grabowski and Implix in the Republic of Poland, the United States and other countries.
Trademarks of Szymon Grabowski and Implix 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 Implix, its products and services.
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.
Implix reserves at its sole discretion the right to terminate the Service in the event of not receiving a payment or a recurring payment.
Implix reserves at its sole discretion the right to terminate the Service immediately in the event of finding the Customer to be using Implix services for spam activities and other abusive and/or illegal practices.
Implix 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.
THE SERVICE AND THE WEBSITE ARE DISTRIBUTED ON "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
IMPLIX DOES NOT WARRANT FOR THE WEBSITE AND THE SERVICE IT IS PROVIDING. IMPLIX DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PURPOSE STATED OR DESIRED BY THE CUSTOMER. IMPLIX DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR FREE OR UNINTERRUPTED.
IN NO EVENT WILL IMPLIX 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 IMPLIX 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).
Implix is not responsible for any delay or failure in performance due to Force Majeure, or other occurrences that are beyond Implix's reasonable control. Implix is not responsible for short, temporary and accidental suspension of the Service as a result of circumstances which Implix could not foresee or suspect.
The Customer recognizes that Implix does not own or control other networks, information and systems outside of its own network, nor is Implix responsible for performance or non-performance within such networks. Implix 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. Implix is in no way responsible for the conduct of its Customers, the content of the pages created, saved and displayed while using the Service. Implix 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, Implix 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. Implix shall notify the Customer as soon as reasonably practical of any such claim, demand or cause of action for which Implix will require such indemnification from Customer. Implix will provide Customer with reasonable information and assistance for the Customer to defend such claim, demand, or cause of action.
Implix 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.
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.
Implix 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.