Webvanta Website and Hosted CMS
Last Modified: December 9, 2016
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".
- Use of the Website.
- 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.
- 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.
- 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.
- 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.
- Developers of User Websites.
- 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.
- 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.
- You represent and warrant the following about each User Website:
- 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;
- The website does not contain content that is libelous, defamatory, obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable;
- The website does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content.
- You agree not to use Webvanta for the following prohibited uses:
- Personal health information (any information subject to HIPAA regulations) may not be stored in the Webvanta system.
- Credit card numbers, or other information subject to PCI regulations, may not be stored in the Webvanta system.
- 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.
- Copyright Infringement.
- 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.
- 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) email@example.com or (2) Xfive LLC, One Harbor Drive, Suite 300, Sausalito, CA 94965.
- 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.
- Fees for the Services.
- 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 firstname.lastname@example.org or the following postal address: Xfive LLC, One Harbor Drive, Suite 300, Sausalito, CA 94965. 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.
- Webvanta has the right to change the payment terms and Fees by providing you with a minimum of 30 days prior written notice, unless otherwise agreed in writing.
- 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. The pre-paid fees cover up to 2 Gbytes of storage and 50 Gbytes of bandwidth per month.
- Termination of the Services.
- 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 email@example.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: Xfive LLC, One Harbor Drive, Suite 300, Sausalito, CA 94965. 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Limited Warranty and Disclaimer; Limitation of Liability.
- 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 99.9% 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.
- 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.
- Proprietary rights.
- 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 www.webvanta.com Website and content or information delivered as a result of visiting the Website.
- 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.
- Webvanta acknowledges and agrees that the creator or owner of a User Website owns all legal right, title and interest in and to all content contained within the User Website, to the extent that the content does not infringe on any third-party rights.