Terms & Conditions
1. Acceptance of terms and conditions
1.1 Welcome to Clickwand.com and thanks for using our 'online service' to create your personal or professional website. By accessing and opting for our services, you confirm that you are in agreement with them. These terms and conditions govern your use of our website. These terms apply to the entire website, any email or other type of communication between you and Clickwand.com.
1.2 If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 In connection with your use of Clickwand's services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
2. Description and delivery of services
2.1 Clickwand.com offers an online service which allows registered users (defined as "Accounts Holders") to create, update and download an online website. Provided you are an authorized account holder, you are entitled to use our online service. Once a website is created, it can be downloaded online, provided a payment of ;&dollar15 has been made. To use our online service, you must have satisfactory means to access the Internet, pay your internet provider accordingly and possess the relevant equipment such a computer, laptop...
2.2 "Delivery" through our online service is defined as you being able to download your website through the Internet. Clickwand.com is not responsible for the Internet connection or any misfortune that might related to a fault of your provider's services or of your own equipment.
3.1 To register with Clickwand users must provide valid information such as a valid email address and other information data. Each future account holder will choose a password to be able to successfully login to Clickwand.com in order to use our online service. You are solely responsible of your own ID and password information, accounts holders must not disclose, online or offline, their password.
3.2 Users under the age of 13 must obtain signed parental consent before registering an account with Clickwand.com.
4. Cancellation and termination
4.1 In case you wish to cancel the service and your account, simply send us an email to support at clickwand.com. You cancellation will take effect immediately. Users must note that after cancellation, they will no longer have access to their account with Clickwand.com, will not be able to use our online service and to update or download any website they might have created during the validity of their account. To register with Clickwand users must provide valid information such as a valid email address and other information data. Each future account holder will choose a password to be able to successfully login to Clickwand.com in order to use our online service. You are solely responsible of your own ID and password information, accounts holders must not disclose, online or offline, their password. Users under the age of 13 must obtain signed parental consent before registering an account with Clickwand.com.
4.2 Clickwand.com further reserve the right to withhold, make inaccessible and or discard any website available as previously part of your account, with or without notice.
5. Website, account and data security
5.1 Account Holders are solely responsible for maintaining and assuring the security of their account and website, for all activity in connection with the website. They must notify us in writing to acknowledge any unauthorised uses of the account, website, data or any other breaches of security. Clickwand.com is not liable for any loss or damage occurred because of account holders' failure to comply with their security obligation, might it be by a lack of knowledge in the area.
5.2 You accept that under no circumstances Clickwand.com will be liable, in any way, for any or account holder's acts or mistakes or for any third party's faults, including damages of any kind that might occur.
6. Account holders' rights in their content
6.1 Account holders are the exclusive owner of their content or any party they might have an agreement with. Clickwand.com does not claim any ownership of their website or their content.
6.2 You accept however that Clickwand.com has the permission to host your content as long as you have a valid account with us and use our online service.
7. Copyright violation, content obligations and responsibility
7.1 Our Services display some websites with content that is not Clickwand's. This content is the sole responsibility of the entity (account holders) that makes it available. Although, we may review content to determine whether it is illegal or violates our policies, and remove or refuse if the content violates our policies or the law, please note that we not review content, so please don't assume that we do.
7.2 Clickwand.com therefore cannot and will not be held responsible for any content copyright related legal claim or any damage occurred after loss or edition of your content. In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material, messages, goods, products, services and audio-visual material) that you submit to our website, for whatever purpose. Account holders must make sure that user content must is not illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website. Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
7.3 Account holders accept and agree that Clickwand.com will collaborate and disclose content to legal authorities if need be in order to comply with legal process to protect our rights, property or our personal safety.
7.4 Account holders must not:
(a) Use content (upload, post, email, share, tweet, transmit or otherwise make available any Content) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
(b)upload, post, email, share, tweet, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(c)upload, post, email, share, tweet, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(d)upload, post, email, share, tweet, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(e) upload, post share, tweet, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) harm minors anywhere, anyhow and in any way;
(g) impersonate any person or entity, including, but not limited to, a Clickwand team or falsely state or otherwise misrepresent your affiliation with a person or entity;
(h) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(i)interfere with or disrupt the website or servers or networks connected to the website, or disobey any requirements, procedures, policies or regulations of networks connected to the website;
(j)"stalk" or otherwise harass via email; networking sites such as Facebook(TM), Twitter(TM) any another user; or
(k)collect or store personal data about other users.
You agree that you must acknowledge and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
(l) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(m) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
(n) offer for sale or sell any item, good or service that (i) violates any applicable federal, state, or local law or regulation, (ii) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (iii) we determine, in our sole discretion, is inappropriate for sale through the Service;
(o) use the Service as a forwarding service to another web site;
(p) solicit a third party's passwords or personal identifying information for unlawful or phishing purposes;
(q) exceed the scope of the Service that you have signed up for; for example, by accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other peoples comments or content; (q) upload, post or otherwise transmit any Content that is intended to take advantage of a user. Such content may include, but is not limited to, "get rich quick", "get paid to surf", pyramid/MLM, or other dubious schemes.
Clickwand.com retain the right to terminate any account or user who has violated any of the above prohibitions.
8.1 Clickwand.com offers three plans for users who wish to use our online service to create a website.
8.2 Creation of a website using our online tool to create, edit and download a website for a one-off cost of $15. Accounts Holders are allowed to edit, update and download their website as many times as they wish.
8.3 For an extra $1 per month (i.e. $15 one-off cost + $1 per month) account holders can opt to host their site with Clickwand.com with a subdomain. If so, Clickwand.com will provide a subdomain of users' choice (providing acceptance from Clickwand.com and availability of the subdomain with domain clickwand.net), e.g. http://mysite.clickwand.net. The same rules apply for website edition and update as above.
8.3 For extra $2 per month (i.e. $15 one-off cost + $2 per month) account holders can opt to host their site with Clickwand.com and use their own domain, which will be pointed to Clickwand.com exclusive servers. The rules apply for website edition and updates.All payments are processed securely through PayPal, a third party online payment provider.
9.1 There is no refund policy at this point. It is indeed very easy to use our service; download the site and then claim a "dishonest" refund. We therefore not refund any account holder. Account holders can however send us an email to support at clickwand.com to expose their issue which we will try to resolve as soon possible to help our customers!
9.2 Only and if only decided by Clicwand.com, account holders might be eligible for a refund. This can only be done at Clickwand.com discretion! Clickwand.com reserve the rights to change their mind.
Changes to terms
Clickwand.com reserve the rights to update/change/alter/delete parts of these Terms & Conditions.
Users are obliged to keep up to date with our latest Terms & Conditions.
These terms control the relationship between Clickwand.com and you only. They do not in any case create any third party beneficiary rights.
For information, contact us: support at clickwand.com