Terms of service
Last updated: Jun 21 2014
Your Webhook Account; Responsibility for Your Content.
- Your Webhook Account. The Service is only available to persons over the age of 18 and you must be at least 18 years of age to create an account. You must provide your full legal name, the name of your company (if any) and a valid email address to create an account. The person signing up for the Webhook account is responsible for the account and is bound by these Terms. If you are signing up on behalf of your employer, then your employer owns the account and is also bound by these Terms. If you are a freelance developer providing services to a client using Webhook, we recommend that you have your client sign up for a Webhook account and provide you with access. You are responsible for safeguarding the password(s) associated with your account and Webhook cannot and will not be liable for any loss or damage arising from your failure to maintain the security of your account and password. You should notify Webhook immediately if you have reason to believe that the security of your account has been compromised.
- Responsibility for the Content of Your Website. As between you and Webhook, you are responsible for all content that appears on any website you create and operate using the Service (“Your Website” and the content on such website the “Website Content”). You hereby represent and warrant that (a) neither Your Website nor the Website Content infringes the intellectual property rights of any third party; (b) Your Website will not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; (c) the Website Content is not pornographic, does not contain threats or incite violence, does not contain any hate speech, and does not violate the privacy or publicity rights of any third party; and (d) Your Website does not perform, enable or encourage any activity that is illegal. Webhook cannot and will not be liable for any loss or damage arising from or in connection with Your Website or the Website Content. Webhook does not intend, nor will it have any obligation to monitor Your Website or the Website Content, but we may, in our sole and reasonable discretion, take immediate action, including but not limited to the suspension or termination of your account, in the event that we become aware of your violation of any of these Terms or breach of any of these representations and warranties.
- Responsibility for Content Posted on the Webhook Website. If you comment or post content (including any link) to the Webhook website, or allow any third party to comment or post content (including any link) to the Webhook website using your account (any such material the “Posted Content” and, together with the Website Content, the “Content”), you hereby represent and warrant that: (a) your use of such Posted Content will not infringe the intellectual property rights of any third party; (b) if your employer or client has intellectual property rights to such Posted Content you (i) have their permission to use that Posted Content or (ii) have secured a waiver from them as to all rights in or to that Posted Content; (c) you have fully complied with all third party licenses related to the Posted Content; (e) the Posted Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; (f) the Posted Content is not spam, is not machine or randomly-generated and does not contain any commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites or to further any unlawful act (such as phishing) or mislead recipients as to the source of the material (such as spoofing); and (g) the Posted Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party. You, you are responsible for all of your Posted Content and Webhook cannot and will not be liable for any loss or damage arising from or in connection with such Posted Content.
Fees and Payment; Bandwidth Limitations.
- Fees. You will pay, and authorize Webhook to charge you (using your selected payment method and Webhook’s third party payment processor), for all applicable fees associated with your use of the Service. Fees will be communicated to you through the Service and are prepaid and non-refundable except as required by law or as explicitly set forth herein. Webhook shall determine the fees associated with the Service in its sole discretion and may, upon providing at least thirty (30) days prior notice to you via email or your account on the Webhook website, amend such pricing. You are responsible for providing complete and accurate billing information to Webhook. If your account is set to auto-renew, or is in a free trial period, Webhook may automatically charge you for such renewal or at the end of such trial period unless you have notified us (using the mechanism provided on our website) that you want to cancel or disable auto renewal. We reserve the right to charge taxes when required to do so by law. If your company requires the use of a purchase order in connection with the creation of your account or payment for services, you hereby agree that any terms and conditions included on such purchase order that conflict with these Terms shall be null and void.
- Bandwidth Limits; Additional Fees. You acknowledge and understand that fees charged for the Service are related, in part, to the amount of bandwidth you consume and that Webhook has the right to set limits on the bandwidth and storage space limits applicable to the Service. You will be notified if you are in danger of exceeding your allotted bandwidth and, if you have not already agreed to an automatic increase in fees associated with such additional bandwidth usage, you will be given an opportunity to purchase additional bandwidth for an additional fee. If you elect not to purchase the required additional bandwidth, exceed the maximum bandwidth limit set by Webhook, or if Your Website is otherwise creating an undue burden on our servers, we reserve the right to take corrective action, including but not limited to the suspension or termination of your account. Unused bandwidth will not be carried over from month-to-month.
Term and Termination; Suspension of Your Account.
These Terms will remain in effect until your subscription to the Service expires or until your account is otherwise terminated as provided for herein. Either party may terminate these Terms (and your account) if: (a) the other party is in material breach and fails to cure such breach within ten (10) days following receipt of notice; or (b) the other party ceases its business operations or becomes subject to insolvency proceedings. In addition to the above termination rights, Webhook reserves the right to suspend and/or terminate your account and the hosting of your website if fees become past due, if you have exceeded your bandwidth and/or storage space limits, or if, in our sole and reasonable judgment, we believe that activities occurring on your website are harmful to our business, violate any law, create a risk of legal liability for Webhook, or may create a risk of physical harm to any person. Webhook reserves the right to terminate the Service as a whole, or any part thereof, at any time with or without cause upon notice to you. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Your License to Us.
By using the Service you grant Webhook a worldwide, royalty-free, non-exclusive and, with respect only to your Posted Content, perpetual license to reproduce, modify, adapt, host and publish the Content solely for the purpose of performing the activities contemplated by these Terms. As between you and Webhook, you retain all ownership of any Content you upload or provide through your use of the Service.
Your use of the Service does not transfer from Webhook to you any Webhook or third party intellectual property, and all rights, title and interest in and to such property will (as between us and you) remain solely with Webhook. Webhook, the Webhook logo, and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or registered trademarks of Webhook or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Webhook or third-party trademarks.
We will provide you with a commercially reasonable level of support in connection with your use of the Service, which support may be offered via email, telephone, or via forums, blogs and other materials provided on our website. However, use of the Service does require a general understanding of programming and our support will be limited to the use of our Service and the tools provided therein.
Data Portability; User Back-Ups.
We will back-up the CMS data associated with your account on a regularly scheduled basis once a day for the last seven days and will make these backups available for download by you. Your downloading of these back-ups constitutes our sole responsibility to you with respect to data portability. It is also up to you to keep your own backups of the template code and static assets used in the creation of your site.
Disclaimer of Warranties.
THE SERVICE IS PROVIDED “AS IS” AND WEBHOOK AND ITS LICENSORS AND AFFILIATES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER WEBHOOK NOR ITS LICENSORS OR AFFILIATES MAKES ANY WARRANTY THAT THE SERVICE WILL BE ERROR FREE, FIT FOR ANY PARTICULAR PURPOSE, OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED.
Indemnification; Limitation of Liability.
You agree to indemnify, defend and hold harmless Webhook, its licensors, and their respective employees, contractors, agents, officers and directors (together, the “Webhook Affiliates”) from and against any and all liabilities, damages, obligations, losses, costs and expenses (including but not limited to attorney’s fees) arising from or as a result of any claim by a third party against Webhook or the Webhook Affiliates regarding: (i) your use of the Service in violation of these Terms; or (ii) any Content posted or made available by you using the Service. IN NO EVENT WILL WEBHOOK OR ANY OF THE WEBHOOK AFFILIATES BE LIABLE WITH RESPECT TO THE SUBJECT MATTER OF THESE TERMS UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OR PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (III) INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO WEBHOOK DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT CAUSING SUCH LIABILITY. WEBHOOK SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH MAY VARY FROM STATE TO STATE.
Communication With You.
You acknowledge that we may use the email address associated with your account as a primary means to communicate with you regarding that account and the Service. You should keep this email address up-to-date at all times.
Copyright Infringement; DMCA Policy.
If you believe that any materials located on the Webhook website or on any website hosted by our Service violates your copyright, please notify us in accordance with our DMCA Policy.
Modifications to These Terms.
Webhook reserves the right to modify or replace these Terms from time to time in its sole discretion. We will post such modified Terms on our website and will always indicate the most recent revision date at the top of these Terms. Your continued use of the Service following any such modification shall constitute your acceptance of such modifications.