IMPORTANT READ CAREFULLY:
The LA is a legal agreement between you (either an individual or a single entity, “You”) and EXAI (“We” or “Company”) regarding the use of the software and services, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation (“Software Products”). It will govern the use of the Software & Services as well as any new features that will be added to them including the release of new products, unless otherwise specified.
By registering, log in, copying, or otherwise using the company’s Software & Services, you acknowledge that you have read this LA, that you understand it, and that you accept and agree to be bound by its terms and you are authorized to bind you by them. If you do not agree to the terms of this LA, do not use the Software & Services and/or the Software Products.
1.2. A reference to ‘he’ in the LA will apply to all genders.
1.4. Subject to the compliance with the provisions of this Agreement, we hereby grant you, for the term of this LA, a non-exclusive license to use our platform to build your website all in accordance with the provisions of this Agreement.
1.5. The website shall be installed and hosted exclusively on our servers all in accordance with our instructions and policies, including but not limited to anti-spam, and privacy policies, as shall be in effect from time to time. The license is limited for the use of the Software & Services and/or the Software Products and/or any part or element thereof (including but not limited to any graphics, photos, skin or design) only within the Company’s websites under this LA. Any other use is prohibited
2.1. You hereby represents and warrants that:
2.1.1. You are legally competent to enter a binding contract and not barred from receiving for any reason. Your profile may be deleted and your license may be terminated without warning, if we believe that you are less than 13 years of age.
2.1.2. All statements you made in connection the registration, use or maintenance of the software, are complete and accurate and you will maintain and update the registration data to keep it true and complete.
2.1.3. The websites content (as defined below) will not infringe upon or otherwise violate or conflict with the rights of any third party or third party’s registration, trademark or trade name
2.1.4. The website is not built for an unlawful purpose and will not be used in violation of any applicable laws or regulations.
2.1.5. You acknowledge that you are aware and agree that all content in a published website will be public and accessible to all.
2.2. You are responsible for the content of the website (as defined below) and for providing viewers of the Website with any required disclosure or explanation of the various features of the Website and any goods or services described therein, as well as any rules, terms or conditions of use.
2.3. You acknowledge that the Software & Services are provided "as is" and with all faults. We make no representations or warranties of any kind whatsoever, express or implied, in connection with this LA or the Software & services, including but not limited to warranties of merchantability or fitness for a particular purpose, unless such representations and warranties are not legally excludable. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of our e-mail forwarding or other email service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained from us shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
3.1. You undertake that you will not, and will not allow any third party to: (a) modify, port, translate, localize or create derivative works of the Software (b) decompile, disassemble, reverse engineer or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying interface techniques or algorithms of the Software by any means whatsoever, or disclose any of the foregoing; (c) encumber or suffer to exist any lien or security interest on the Software; or (d) take any action that would cause the Software's code or products to be placed in the public domain or on any server not designated for by us.
3.2. If you provide services to your customers using the Software, it shall be on terms and conditions that shall hold us harmless from and against any and all claims of such customers. You shall use your best efforts to protect all Confidential Information, IP Rights (as such terms are defined below) and other proprietary rights related to us and the Software. You shall notify us of any breach of obligation and will cooperate with us in any legal action to prevent or stop unauthorized use, reproduction or distribution of the Software and/or the Services.
3.3. You shall not to import, market, distribute, sell, install, maintain and supply the Software and the Services and exercise all measures in order to prevent any infringement of any copyright or other intellectual property rights, including in connection with any content or design of the Website.
3.4. You acknowledge that damages may not be a sufficient remedy for us in the event of breach of the LA, and that in certain circumstances we may petition the competent courts for an injunction in order to protect its rights with respect to the Services.
4.1. The first time you register for the Software, you will be asked to select a user name and password. That user name and password are the means through which you can access to certain of the Services. Please keep them from any unauthorized use. You may never use someone else's account without permission. In no event will we be liable for the unauthorized use or misuse of the user name or password. Where an entity signs up to use the Software & Services using your username and Password, that entity is granted control and manages the account thereafter.
4.1.1. You are responsible for maintaining the security of your account and content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You agree to immediately notify us in writing of any unauthorized uses of your account or any other breaches of security. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
4.2. During the term of this LA, you will be able to build and maintain one websites using the Software. Be advised that the Software is best suited for websites sized up to 150MB and 5GB monthly bandwidth. You undertake not use storage space in excess of the storage limits established for the Services as decided by us. If you will use bandwidth and/or storage space in excess, we may, without limiting our other rights or remedies, limit your usage or be charged additional hosting fees.
4.3. In order to enable the Software to operate properly you have to meet the minimum hardware and software requirements as detailed on our website and as may change from time to time according to the system upgrades.
4.4. New built Websites will be considered temporary sites until they are defined as active and due for payment. A website can not be temporary for more than 10 days from the time it was built. At the end of this period you must decide whether you want to activate the website or close it. Until the end of each payment term you should define within the system if you want to continue to define the website as active and for which term. If the website will not be indicated as “Active” it will be closed and you and viewers will be denied access to it.
4.5. Our system may include security components that permit digital material to be protected. You shall not attempt to override or circumvent any of such security components.
4.6. You undertake not to copy the websites’ HTML code or transfer it to servers other than those we dedicated for that purpose.
4.7. All information, data, text, messages, links, music sound, photographs, graphics, video, messages or other materials ("Content"), loaded to uploaded, posted or transmitted to or made available in the Website, are at your sole and full responsibility
4.7.1. You are responsible to make sure that the Content and all aspects of the Websites are compatible with the hardware and software used to provide the hosting services, as the same may be change by us from time to time. We shall not be responsible for any damages to the Content, the Website or other damages or any malfunctions or service interruptions caused by any failure of the Content or any aspect of the Website to be compatible with the hardware and software used.
4.7.2. You are responsible for supplementing, modifying and updating the Website. We are not obligated to give websites building services or any derivative services, including without limitation collection of the graphic design and Content, designing of the Website, instructing and training as to how to operate it etc.
4.7.3. We backup the system as a whole periodically. However you are entirely responsible of backing up and saving the Content and we have no responsibility whatsoever to the uploading, saving, backing or lack thereof of the Content on certain Website.
4.8. Upon establishing the Website, you shall be granted a sub-domain name. The ownership of the sub-domain name belongs to us, however you are granted a limited, nontransferable, exclusive license to use such sub-domain name for the purpose of marketing, publishing and promoting the Website. All conditions and limitations as for this LA shall apply to the license of the sub-domain name and once your license is terminated, the license to use the sub domain name shall be terminated as well
4.9. In case that you decide on purchasing a domain from EXAI or in case that EXAI offers you a domain for free, the domains type should be of the list below:
.co.za.org.es, .com.es, .nom.es, .pl, .org.pl, .com.pl, .info.pl , .net.pl, .biz.pl, .de, .net, .tk, .com.de, .be, .ind.in, .org.in, .firm.in, .gen.in, .co.in, .net.in, .name, .me.uk, .org.uk, .co.uk, .us, .eu, .dk, .es, .nl, .info, .org, .com, .biz, .net.ht, .co.nl, .fr, .pm, .re, .tf, .wf, .yt, .ca, .org.au, .tel, .cz, .it, .com.co, .nom.co, .net.co, .cc, .pro, .in, .so, .org.so, .com.so, .net.so, .asia, .com.mx, .ru, .org.ru, .com.ru, .pp.ru, .net.ru, .id.au, .at, .co.at, .or.at, .com.cm, .co.cm, .net.cm, .lt, .ws, .mobi, .no, .ch, .li, .com.au, .net.au, .org.lc, .com.lc, .co.lc , .net.lc, .im, .org.im, .com.im, .co.im, .net.im, .me, .cn, .org.cn, .com.cn, .net.cn, .org.nz, .kiwi.nz, .co.nz, .net.nz, .bz, .com.bz, .co.bz, .net.bz, .ae.org, .us.org, .org.ht, .lu, .gs, .se, .lc, .tv, .gd, .vg, .tw, .club.tw, .game.tw, .com.tw, .idv.tw, .ebiz.tw, .info.ht, .nu, .sx, .pt, .com.pt, .co, .com.ht, .gr, .com.gr, .ms, .med.ec, .fin.ec, .info.ec, .pro.ec, .cx, .vc, .org.vc, .com.vc, .net.vc, .la,. fi, .gy, .com.gy, .co.gy, .net.gy, .org.af, .com.af, .net.af, .sg, .com.sg, .jp, .ac, .io, .sh, .hk, .ph, .org.ph, .com.ph, .net.ph, .mx, .mn, .lv