Terms

Content Guidelines

These types of sites are not allowed on Webmium:

  • Adult: involving nudity in a sexual context, exposed genitalia or adult themes.
  • Copyrighted Content: music, movies or games that you do not own the rights to.
  • Spam/SEO: a site whose sole purpose is to gain Google ranking, Facebook "likes", etc.
  • Phishing: a site meant to trick users into providing their username and password.
  • Illegal Content: content which may be illegal in the United States.
  • Scams: get rich quick, pyramid/MLM, or other dubious schemes.
  • Excessive Advertising: more than three ad units per page.
  • File Hosting: including sites that are not created with the Webmium editor.
  • Injurious Experience: sites using the "Custom HTML" element that provide a horrible user experience, such as extreme flashing banners, excessive animated movement, or content that could provoke seizures in unsuspecting visitors.

This list is a quick reference and is not meant to be complete. For more specific information, please refer to the Terms below.

Terms of services

Welcome to Webmium! By using the Webmium website or any products or services on Webmium.com, you agree to the terms and conditions that follow, and any policies, revisions or changes that may be made. These are the "Terms of Service". We reserve the right to update the Terms of Service. All up-to-date versions of this agreement appear on our website.

'Webmium' is the name of the project created by the Czech company Nexum Trilog a.s. (www.nexum.cz) with offices set in Prague, Czech Republic.

Webmium offers you a wide variety of online products and services, including general and personalized content, communication tools and forums, and online and downloadable applications (the 'Service') on the following terms. By using the Service in any way you are agreeing to comply with these terms, which we may update without notice and encourage you to check out here at any time.

You must be at least 18 years old and competent to enter into a contract to use the Service. Unless we expressly note otherwise, these terms incorporate and supersede any other terms associated with the files and applications available on the domain www.Webmium.com, its sub-domains, and any international counterparts and sub-domains, as well as affiliated domains and sub-domains operated by Webmium. ('Webmium', 'we', or 'us').

These Terms do not alter in any way the terms or conditions of any other agreement you may have with Webmium, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site or the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf, and that such entity agrees to indemnify you and Webmium for violations of these Terms. Nothing in these Terms shall be deemed to confer any third party rights or benefits. Webmium may, at its sole discretion, revise the Terms, including any changes, at any time by updating this posting, with the revised Terms taking effect for all Users as of the date stated on the posting. You waive any right you may have to receive specific notice of such changes or modifications. Consequently, Users should consult the Terms regularly. Your continued use of this Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. If you do not agree to the amended terms, you must stop using the Site.

Use of services

The Webmium website, its contents, its subsidiaries and affiliated companies offer services to you, given that you are of a legal age to use them, create a binding contract and are not a person disqualified from receiving these services under the law. It is possible that in order to access some services through Webmium that you may be required to provide your latest identification, contact information, and other details while using our services or the services of our affiliates.

Statement

These Terms and Conditions shall apply to Your use of the website at www.webmium.com and its related content. By using the Webmium website You agree to be bound by the following terms and conditions. If You do not agree or do not wish to be bound by these terms and conditions, do not use the Webmium.com website.

Where these Terms and Conditions are inconsistent with the terms and conditions attached to your registration with Webmium (if applicable) these Terms and Conditions shall prevail.

We may change these Terms and Conditions from time to time and so you should check these regularly. Your use of the Webmium website will be deemed an acceptance of the terms existing at that time.

As part of Our commitment to ensuring the Webmium website is one You want to visit time and time again We welcome your comments on any of the policies or rules set out below. To contact Us please use the Feedback Form on the Webmium website.

Acceptable Use

You agree that any use by You of the Webmium website shall be in accordance with the following conditions:

You will not post or transmit through the Webmium website any defamatory, threatening, obscene, harmful, pornographic or otherwise illegal material or material which would violate or infringe in any way upon our rights or those of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience. You must not express opinions that are vulgar, crude, sexist, racist or otherwise offensive. Always treat other Users with respect.

You will not post or otherwise make available on the Webmium website any material which You do not own without the express permission of the owner of the material.

You will not copy, download, reproduce, republish, frame, broadcast, transmit in any manner whatsoever, any material on the Webmium site except as is strictly necessary for Your own personal non-commercial home use.

You will abide by the specific rules of any competition or promotion that You participate in on or via the Webmium site.

You will not do anything that affects the operability or security of the Webmium site or causes unreasonable inconvenience or offence or disruption to our staff.

You will not impersonate any person or entity, or misrepresent your affiliation with a person or entity.

Misrepresent your account or website as a Webmium service.

Third Party Websites

You acknowledge and agree that We are not responsible for the availability of any third party Websites or material You access through the Webmium site.

We do not endorse and shall not be held responsible or liable for any content, advertising, products or services on or available from such Websites or material.

Any dealings between You and any third party advertisers or merchants found on or via the Webmium website, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between You and the relevant advertiser or merchant. Therefore, We are not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings.

Intellectual Property

All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Webmium website shall remain at all times vested in Us or Our licensors. You are permitted to use this material or content only as expressly authorized in writing by Us or Our licensors. You will not, and You will not assist or facilitate any third party to, copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of such material or content.

If You become aware of any such distribution or commercial exploitation, You agree to notify Us immediately.

Liability for and information provided on the Webmium website

Material which is posted on any bulletin boards or chat forums is written by Users and We are not responsible for and do not endorse such material. We reserve the right to monitor the contributions made and may respond to or comment upon communications made by You and edit, refuse to post, or remove any content from the bulletin boards and chat forums in our absolute discretion. No failure to remove particular material constitutes an endorsement or acceptance of it by Us.

We will not be held responsible or liable for the content, accuracy, timing or reliability of any information or statements contained within the Webmium website, or for statements, advice and/or opinions made or given by Users on the bulletin boards and chat forums (except as required by law). If You have any claim arising from the actions or statements of another User, You agree to pursue such a claim only against that User and not from Us.

We will endeavor to provide the Webmium website using all reasonable care. Except as required by law, We will not be responsible or liable for the quality, accuracy or fitness for a particular purpose of the Webmium website and do not promise that the material contained in the Webmium website, or any of the functions contained in the Webmium website or its server will operate without interruption or delay or will be error free, free of viruses or bugs or is compatible with any other software or material.

We will be liable for any fraudulent misrepresentations We make and for any death or personal injury caused by Our negligence. We will not be responsible or liable to You for any other loss or damage that You or any third party may suffer as a result of using or in connection with Your use of the Webmium website.

Privacy

We shall comply with all applicable UK data protection legislation from time to time in place in respect of any personal information relating to You gathered by Us.

You may be asked to input information about yourself on different pages of the Webmium website. We will not use the information You provide to Us for any purpose that is not set out in Our Privacy Policy , other than as stated at each location where such information is requested.

Please contact us to notify Us of any changes to the information You have previously given or if You wish to withdraw Your consent to Our using Your User Information for the stated purposes or for any form of promotional contact.

In order to use Webmium.com services, you must have a valid Webmium ID. To be a Webmium account holder with your own website, you must provide Webmium with an email address and other information on registration. As a Webmium account holder, you will create a password and account settings for your website(s) during the Webmium registration process. You are responsible for the confidentiality of your password and account. All activities that occur under your password or account are your responsibility. Immediately notify Webmium in writing of any unauthorized use of your password or account. Ensure that you sign out from your account at the end of each session. Webmium has the right to suspend or terminate your account. Webmium is not responsible for any cost, loss or damage arising from your failure to comply with our terms.

Safety

We give Our ongoing commitment to ensuring through Our policy of safety that You can use the Webmium website with confidence. When using the Webmium website, in particular any bulletin boards or chat forums, You should always take the following precautions:

Keep Your identity private. Do not give out Your full name, postal address, telephone number, email address, the name of Your school or any other information (other than that specifically requested by Us), that could help someone discover Your actual identity.

Never meet with someone You meet online.

Do not reply to any messages that are hostile, rude or inappropriate, or in any way make You feel uncomfortable.

Indemnity

If you are a business User, You agree to indemnify Us, and/or any of Our affiliates and Our and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by You or any other liabilities arising out of Your use of the Webmium website.

Payments and subscriptions

A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.

Fees, rate limits and effective dates for these Services are negotiated separately from the Terms of Service.

An upgrade from any plan to any more expensive paying plan will be pro-rated. You will be billed the pro-rated fee immediately upon upgrading.

The Services are billed in advance on a monthly or yearly basis according to the selected plan.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only VAT when a valid number is provided.

For any upgrade or downgrade in plan level, the credit card that you provided will automatically be charged the new rate on your next billing cycle. However, when necessary, your account will be pro-rated in the next billing cycle(s) when a downgrade occurs.

Downgrading your Service may cause the loss of content, features, or capacity of your account. Webmium does not accept any liability for such loss.

Prices of any Service may change, however old plans will be grandfathered in unless otherwise stated. Notice of pricing changes may be provided by contacting you using the contact information you have provided to us.

Webmium will not be liable to you or to any third party for any modifications, price changes, or suspension or discontinuation of the Site or Services.

 

Chargeback / Refund Policy

Webmium will not, under any circumstances, issue cash refunds for early contract cancellation. All Webmium accounts begin an obligation-free registration which will allow you to evaluate the service under its Free and limited version. No credit card information is collected to initiate a trial account, and charges will only be applied after explicit account purchase via the account Billing area.

If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will immediately credit your account or credit card account for the appropriate amount.

Webmium has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently blacklisted and barred from use of the Service. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.

Material and Products

Webmium and its Partners provide Services on an "as is" basis.

Webmium shall make no effort to validate any information provided by the User for use with Services for content, correctness or usability.

Use of Webmium services requires a certain level of knowledge in the use the Internet and World Wide Web. The User is required to have the necessary knowledge to use the Internet and the World Wide Web.

It is not the responsibility of Webmium to provide free support for the User in the use and operation of Webmium.

Only services and features clearly indicated as "free" or "no charge" are free or without charge. All other applications, features, functionality and support provided by Webmium, and its partners are provided for a fee and the User is liable for such fees.

The User may not rent or lease or provide the Services (including any software or documentation used by or with the service) to third parties.

The User may not decompile, disassemble, reverse engineer, copy, create a derivative work, or display the Software code in human readable form, or otherwise use the Services (which includes its software and documentation) except as explicitly provided for in this agreement.

The User may not store, publish, or give the Services (including software and documentation) to others, or otherwise enable its use by others.

Webmium Etiquette and Privacy

Electronic forums such as mail distribution lists and news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution.

The network resources of the Webmium, may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Webmium.

All messages transmitted via Webmium, should correctly identify the sender; Users may not alter the attribution of origin in electronic mail messages or posting.

All users shall not attempt to undermine the security or integrity of computing systems or networks of Webmium, its Partners, or those accessed through or with their product, and must not attempt to gain unauthorized access.

All user-specific information provided by user in connection with Services shall be governed by the Webmium Privacy Policy. User understands and accepts all terms and conditions contained within the Webmium Privacy Policy.

Webmium reserves the right to terminate any account that does not include a valid email address on file. This email address must be stored in the profile for the administrative account within User's website on the Webmium system.

Taxes

Webmium shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from or by the User or through the Webmium services.

The User takes full responsibility for all taxes and fees of any nature associated with Services used or products purchased.

Termination

We reserve the right immediately to terminate Your use of the Webmium website if You breach or We have reasonable grounds to believe that You are likely to breach these terms and conditions or You otherwise engage in conduct which We determine in Our sole discretion to be unacceptable.

Responsibility for damages

We assume no responsibility for damage to users or third parties directly, indirectly or accidentally as a result of connection with the use of our services. Not be liable for damage to users or third parties as a result of the inability to use the service, or direct or indirect connection with this event.

Feedback

Should You wish to make any comments to Us about the Webmium website or if You have any questions relating to the same please contact Us using the Feedback Form on the Webmium website.

General

Invalidity etc. If any court or regulator decides that any provision of these terms and conditions is invalid or otherwise unenforceable, such provisions shall be severed and deleted from these terms and conditions and the remainder of these terms and conditions shall continue to have full force and effect.

Third Party Rights. These terms and conditions apply between Us and Users. No other person is entitled to benefit under these Terms and Conditions.

Exclusion of warranties

Nothing in these terms, including sections 'Feedback' and 'General', shall exclude or limit Webmium's warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and "as available."

In particular, Webmium, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that: your use of the services will meet your requirements, your use of the services will be uninterrupted, timely, secure or free from error, any information obtained by you as a result of your use of the services will be accurate or reliable, and that defects in the operation or functionality of any software provided to you as part of the services will be corrected.

Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from Webmium or through or from the services shall create any warranty not expressly stated in the terms.

Webmium further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

Lawful Purpose

Services provided to or used by the User may only be for lawful purposes.

Transmission, storage, copying, or modifying any material or other actions by User in violation of any Federal, State or Local regulation is prohibited.

This includes material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets.

This also includes, but is not limited to, material protected by copyright, trade secret, or any other statute, threatening material, or obscene material.

Users are prohibited from using Webmium services for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which Webmium deems, in its sole discretion, to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. This also includes links or any connection to such materials. The designation of any materials as such described above is left entirely to the discretion of the Webmium management.

The subscriber agrees to indemnify and hold harmless and defend Webmium from any claims resulting from the User's use or User's allowed use by others of the Services which damages either Webmium, its officers, its employees, its directors, its partners, or another party or parties.

Limited Liability

User shall defend, indemnify, save and hold Webmium (including, its agents, its clients, its servants, officers, directors and employees) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against them, that may arise or result from any service provided or performed or agreed to be performed or any product used or sold by or to User, its agents, employees or assigns.

User shall defend, indemnify and hold harmless Webmium (including, its agents, its clients, its servants, officers, directors and employees) against any and all Liabilities caused directly or indirectly the User or any person who User allows to access the Services.

Under no circumstances, including negligence, shall Webmium (including, its agents, its clients, its servants, officers, directors and employees) or anyone else involved in creating, producing or distributing Webmium services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Webmium service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Webmium records, programs or services. This paragraph shall apply to all content and functionality of Webmium service.

Notwithstanding the above, User's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which User paid directly to Webmium during the current month.

Such limitations shall apply to Webmium total liability, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, communications failure, theft of destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.