Terms of Use

Webvanta Inc. Website and Hosted CMS

Last Modified: January 3, 2013

This agreement ("Terms of Use") defines the terms and conditions of using the website located at webvanta.com ("Website"). The Website is owned and operated by Webvanta Inc., a California corporation ("Webvanta"). Except for certain content on User Websites (as defined below), all pages within the Website, and any material made available for download by the Website, are the property of Webvanta. Please read these Terms of Use carefully. You acknowledge and agree that use of this Website indicates your agreement to be bound by these Terms of Use. If you do not agree to be bound by these Terms of Use, please promptly exit this Website.

The Website includes software services and access to software libraries that assist with the development of third party websites (each, a "User Website") and each such User Website is hosted on the Webvanta Website. The website development and hosting services are sometimes collectively referred to as the "Services".

If you are using the website on behalf of another person or entity (e.g. web developer for a client or employee for an employer), you acknowledge and agree that the other person (whether an individual or a business entity and in addition to you) agrees to be bound by the terms and conditions of these terms of use.

  1. Use of the Website.
    1. The Website is protected by United States and international copyright and trademark laws. Except in connection with the intended operation and function of the Website, no portion of the content or information contained within the Website or content or information delivered as a result of visiting the Website may be reprinted, republished, modified, or distributed in any form without the express written permission of Webvanta.
    2. During the authorized operation and use of the Website, your internet browser software may create one or more copies of the executable code, graphics files, data files, and other information and data transmitted to your computer (the "Cached Information"). The Cached Information must be stored solely on your local disk drive and used solely in support of the authorized operation and use of the Website and for no other purpose.
    3. You may not reverse engineer, decompile or otherwise attempt to extract the source code, algorithms, operational flow, data structures, or object structures of the Website, or any portion thereof, unless expressly permitted or required by law, or you have written authorization from Webvanta to do so.
    4. You must not modify or remove any proprietary notices, including copyright notices, contained on the Website or any materials obtained in connection with your use of the Website.
    5. All rights not expressly granted by these Terms of Use are reserved by Webvanta.
  2. Developers of User Websites.
    1. If you develop a User Website using the Services, you are solely responsible for the website and for any harm resulting from the use and execution of that website. You agree to indemnify, defend and hold harmless Webvanta and its officers, directors, employees, agents and licensors from any claim, demand, liability or loss arising out of or related to the development, storage, execution and use of your User Website.
    2. You grant Webvanta a world-wide, royalty-free, non-exclusive, transferable, sublicensable license to store, reproduce and publish the User Website for the limited purpose of hosting the website.
    3. You represent and warrant the following about each User Website:
      1. The downloading, copying and use of the website's content will not infringe the proprietary rights of any party. Proprietary rights include, but are not limited to, copyright, patent, trademark and trade secret rights;
      2. The website does not contain content that is libelous, defamatory, obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable;
      3. The website does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content.
      4. Webvanta, in its sole discretion, has the right (but not the obligation) to, (1) refuse or remove any content that is harmful or objectionable, (2) is inconsistent with any of Webvanta's policies or procedures related to User Websites or (3) violates any term or condition of these Terms of Use.
    4. You agree not to use Webvanta for the following prohibited uses:
      1. Webvanta may not be used for Funeral Home sites or for other businesses in the death industry. If you are building such sites, we can refer you to our exclusive partner for sites in this industry, which you may be able to provide Webvanta-based services for you.
      2. Personal health information (any information subject to HIPAA regulations) may not be stored in the Webvanta system.
      3. Credit card numbers, or other information subject to PCI regulations, may not be stored in the Webvanta system.
  3. Visitors to User Websites. Access to each User Website is either through a Webvanta subdomain name (example.webvanta.com) or a custom domain name (example.com). Regardless of the website address, you acknowledge and agree that Webvanta is not responsible for the User Website or for any harm resulting from your use and execution of that website. You access, execute and use each User Website in your own discretion and at your own risk.
  4. Copyright Infringement.
    1. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, Webvanta will terminate access to User Websites that infringe the intellectual property rights of any third party.
    2. If you believe that any material on the Website or any User Website infringes any copyright that you own or control, you may send a notification of the infringement to either of the following: (1) support@webvanta.com or (2) Webvanta Inc., 241 South Main Street, Sebastopol, CA 95472.
    3. Webvanta will give notice of a claim of copyright infringement by either an email sent to the user's e-mail address or by a written communication sent by first-class mail to a user's postal address.
  5. Privacy Policy. Webvanta's Privacy Policy is an integral part of, and incorporated into, this Terms of Use. The Privacy Policy can be found at http://www.webvanta.com/privacy or by contacting Webvanta to request a copy of the policy.
  6. Fees for the Services.
    1. By signing up for an account you agree to pay Webvanta's current setup fees and monthly hosting fees for the Services (the "Fees"). Current Fees are posted at http://www.webvanta.com/pricing/ or can be obtained by sending a request to support@webvanta.com or the following postal address: Webvanta Inc., 241 South Main Street, Sebastopol, CA 95472 . Fees are invoiced on a monthly basis (or annual basis if requested) starting from the day the Services are established for you and in advance of using the Services. Payments are due within 15 days of the invoice date.
    2. Webvanta has the right to change the payment terms and Fees by providing you with a minimum of 30 days prior written notice.
    3. Because Fees are paid in advance and pricing is set, in part, by the amount of resources used by each User Website, you understand and agree to promptly pay any additional fees incurred based on your use of resources in excess of the amount pre-paid.
  7. Termination of the Services.
    1. You may terminate or cancel the Services at any time, with or without cause, by providing Webvanta with written notice. Notice must be sent either by email to support@webvanta.com with a subject line of "Cancellation of Services" or by U.S. First Class Mail, Return Receipt requested and postage prepaid, to the following postal address: Webvanta Inc., 241 South Main Street, Sebastopol, CA 95472. Notice will be deemed given on the earlier of receipt by Webvanta or 5 business days after transmitting the notice to Webvanta. There is no pro-rata refund of Fees.
    2. Webvanta may terminate or cancel the Services at any time, with or without cause, by providing you with a minimum of 60 days prior written notice. Notice must be sent either by email or U.S. First Class Mail, Return Receipt requested. Notice is deemed to have been given when transmitted to either the email or postal address you currently have on file. It is your obligation to update Webvanta's records with your current contact information.
    3. Each party has the right to immediately terminate the Services if the other party has been provided a minimum of 15 days prior written notice of any breach of these Terms of Use (including non-payment of invoices) but fails to cure each breach identified in the notice. The party terminating these Terms of Use must send written notice to the other party setting forth the date of termination and identifying each breach that has not been cured.
    4. On the termination date, you will lose all access to the Services and Webvanta will terminate access to all of your User Websites. On your request, and for 30 days after the termination date, Webvanta will use commercially reasonable efforts to export to you any content and data on its servers that is owned by you. Beginning 30 days after the termination date, Webvanta has the right to delete all source code, data and other information associated with each of your User Websites.
  8. Modifications.
    1. If you use the Services, Webvanta will provide you with a minimum of 30 days notice prior to releasing a change or modification of any API or other software interface that affects compatibility with existing code.
    2. The Services use and integrate third party software including, but not limited to, Ruby and Ruby on Rails. Webvanta, in its sole discretion and potentially without notice, will update the Services based on updates and revisions to such third party software. You understand and agree that such updates or revisions can affect the execution and performance of your User Website.
    3. Except as otherwise provided in this Section, Webvanta, in its sole discretion, may modify, suspend or discontinue any aspect of the Website at any time.
  9. Limited Warranty and Disclaimer; Limitation of Liability.
    1. Excluding down time for maintenance, Webvanta warrants and represents the services and user websites will be up and available to you and other Internet users for a minimum of 99.5% of the time during each calendar month (the "minimum service level"). Webvanta will use commercially reasonable efforts to (i) perform maintenance during a time period beginning at or after 6:00 p.m. through 5:00 a.m. (the next day) pacific time and (ii) provide you with notice in advance of any scheduled maintenance expected to last more than 10 minutes. Your sole and exclusive remedy for any month during which Webvanta does not provide the minimum service level for the services or your user website, you may request a refund of the applicable fees for that calendar month. The refund will be applied as a credit against future fees.
    2. Except for the minimum service level set forth in the prior paragraph, this website including, but not limited to the services and all user websites, are provided "as is," with no representations or warranties of any kind, either expressed or implied. You assume total responsibility and risk for your use of this website and user websites.
    3. Webvanta, and its officers, directors, employees, agents, licensors, successors and assigns are not responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating to the website, any content or information contained within the website, any content or information delivered as a result of visiting the website, or any hyperlinked website. Your sole remedy for a breach of these terms of use by webvanta, or any dissatisfaction arising from or related to the website, is to stop using the website. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Webvanta has been advised of the possibility of such damages.
  10. Indemnity. You agree to indemnify, defend and hold harmless Webvanta and its officers, directors, employees, agents and licensors from any claim, demand, liability or loss arising out of or related to your breach of any term or condition of these Terms of Use or your violation of any law, statute or regulation of any State, the United States or any foreign jurisdiction.
  11. Links or Pointers to Other Sites. Webvanta makes no representations about any other web site that you may access through this Website. You acknowledge and agree that when you access a non-Webvanta web site, it is independent from Webvanta and that Webvanta has no control over that Website including, without limitation, its content, terms of use and privacy policy. It is solely your responsibility to protect against destructive content such as viruses, worms and trojan horses.
  12. Proprietary rights.
    1. You acknowledge and agree that Webvanta or its licensors own all legal right, title and interest in and to all content or information contained within the Website and content or information delivered as a result of visiting the Website.
    2. You acknowledge and agree that WEBVANTA and the Webvanta logo are service marks and trade names of Webvanta. All other trademarks, service marks, logos and trade names used within the Website are the trademarks, service marks, logos or trade names of their respective owners.
  13. Transfer of Rights. Except with the prior written consent of Webvanta, you may not assign, transfer or sublicense your rights and obligations under these Terms of Use, or any portion thereof, or grant a security interest in or over your rights to use the Website or the Services. Webvanta has the right to assign, transfer and sublicense its rights and obligations without restriction and in its sole discretion.
  14. Choice of Law; Venue; Attorneys Fees; Severability. These Terms of Use are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law rules. Each party to these Terms of Use submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Sonoma in the State of California and, to the maximum extent permitted by law, waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms of Use, the prevailing party is entitled to recovery of its costs and attorney fees. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.
  15. Entire Agreement. These Terms of Use constitute the entire agreement between Webvanta and you pertaining to the subject matter of this Agreement. In its sole discretion, Webvanta may modify these Terms of Use by posting the revised version on the Website. Your continued use of this Website will indicate your agreement to be bound by the modified Terms of Use.