fbpx

Terms & Conditions

Terms & Conditions

Active WebITS Pty Ltd – A.C.N 168 278 635 (Active WebITS, we, our, us) provides a range of Hosting, Domain Name, Web development and IT Services (Services).  The use of any Services from Active WebITS constitutes an implicit agreement to the terms and conditions outlined below.  If you have any questions regarding this policy, please contact us at info@activewebits.com.  You can also view our Privacy Policy which outlines that data we hold and what we collect and use it for, along with our Acceptable Use Policy. By using our Services, you also agree to the terms of these policies.

Account Eligibility

  • By registering for or using our Services, you represent and warrant that:
    • You are eighteen (18) years of age or older. Our Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
    • If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
  • It is your responsibility to provide accurate, current, and complete information on any registration forms for hosting, domain names and purchases. If we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. Active WebITS is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. Providing false contact information of any kind may result in the termination of your account.
  • You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
  • Hosting Services and any data you provide through a Hosting Service to Active WebITS is hosted either in Australia or the United States (U.S.) unless otherwise provided. Accessing our Service may result in the transfer of information (potentially including personally-identifiable information) and content to the U.S. and you agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of both Australia and the U.S., and not necessarily of the jurisdiction in which you are located.

Active WebITS Content

Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, ” Active WebITS Content”), are the proprietary property of Active WebITS or Active WebITS licensors. Active WebITS Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Active WebITS Content. Any use of Active WebITS Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Active WebITS Content. All rights to use Active WebITS Content that are not expressly granted in this Agreement are reserved by Active WebITS and Active WebITS licensors.

Active WebITS may, at any time, add or remove content from this website without notice.

Although Active WebITS uses its best endeavours to confirm the accuracy of any information published on this website, you agree that Active WebITS cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to Active WebITS or by manufacturers or suppliers changing product specifications without notice. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.

The information, materials and services in this website are provided for general information purposes only. It is current at the time of first publication. It is not legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service, via customer feedback.

This website may feature or display third party advertising or content. By featuring or displaying such advertising or content, Active WebITS does not in any way represent that Active WebITS recommends or endorses the relevant advertiser, its products or services.

User Content

You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Active WebITS that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.

Solely for purposes of providing the Services, you hereby grant to Active WebITS a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, Active WebITS does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.

Active WebITS exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Active WebITS computers, network hubs and points of presence or the Internet. Active WebITS does not monitor User Content. However, you acknowledge and agree that Active WebITS may, but is not obligated to, immediately take any corrective action in Active WebITS sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Active WebITS shall have no liability due to any corrective action that Active WebITS may take.

Compliance with Applicable Law.

You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is location regarding User Content, User Websites, online activities, email and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside. The Services are controlled and operated by us from our offices within Australia (although we may share data with third parties around the world to assist us in providing the Services as further described in our Privacy Policy) and we make no representation that the Services are appropriate or available for use in other locations. Those who access the Services from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Services where prohibited by law.

For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).

To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf.

Your Use of the Website

You agree to use this website only for purposes that are permitted by these Terms & Conditions, any applicable law or regulation and/or generally accepted practices or guidelines.

You agree that you will not engage in any activity that interferes with or disrupts this website or the servers and networks that host this website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this website or the content.

You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

Active WebITS may stop (temporarily or permanently) providing access to this website to you, or to guests or members generally, at its discretion and without prior notice to you.

Active WebITS may in its sole discretion restrict your access to this website. If Active WebITS does this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. Active WebITS will not be liable to you or any third party for doing so.

As electronic websites are subject to interruption or breakdown, access to this website is offered on an “as is” and “as available” basis only.

Active WebITS may impose limits or restrictions on the use you may make of this website. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Terms & Conditions, Active WebITS may withdraw this website, or change or remove website functionality at any time without notice to you.

Intellectual Property Rights

You acknowledge that any intellectual property rights, including graphics, logos, trademarks, distinctive brand features, design, text, icons, the arrangement of them, sound recordings and all software relating to this website, are owned by Active WebITS, or in some cases, a third party, and that these remain the property of their respective owners and must not be used in any manner without the prior written consent of the owner. These intellectual property rights are protected by Australian and international laws and nothing in these Terms & Conditions gives you a right to use any of them.

Nothing contained on this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person. Active WebITS makes no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.

You may view this website and its contents for personal and non commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without the prior written consent of Active WebITS or, in the case of third party material, from the owner of the copyright in that material.

You may not modify or copy the layout or appearance of this website nor any computer software or code contained in this website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this website.

If you correspond or otherwise communicate with Active WebITS, you automatically grant to Active WebITS an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on this website and developing your ideas and suggestions for improved products.

Links to Other Websites

This website may contain links to other websites, content or resources, which are owned or operated by third parties. These linked websites are not under Active WebITS control and Active WebITS is not responsible for the operation, availability or contents of any linked website or any link contained in a linked website. Active WebITS provides these links to you for convenience only and the inclusion of any link does not imply Active WebITS endorsement of the linked website. You access linked websites at your own risk. Subject to any non-excludable rights, Active WebITS disclaims all warranties, express and implied, as to the accuracy, value, legality or otherwise of any materials or information contained on linked websites. You should carefully review the Terms & Conditions and privacy policies of all other party’s websites that you visit.

Active WebITS reserves the right to prevent third parties from linking to this website.

Secure Data and Transmissions

Given the nature of the internet, Active WebITS cannot guarantee that any data transmission is totally secure, free from viruses, fault or other conditions which could damage or interfere with your computer systems and Active WebITS does not warrant that your access to the website will be uninterrupted, error free or that any defects will be corrected. Whilst Active WebITS and its third parties take precautions to protect information, Active WebITS does not warrant and cannot ensure the security of any content or information you transmit via the website. You therefore transmit to the website at your own risk. However, once Active WebITS or its third party receives your transmission, Active WebITS and its third parties will take reasonable steps to preserve its security. If you become aware of any problems with the security of the website, please contact us immediately.

You must take your own precautions to ensure that the process which you use to access the website or any website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, neither Active WebITS nor its third parties will accept any responsibility for any interference or damage to your own computer system which arises in connection with your use of this website, any website or any linked website.

Cookies

Cookies may be used on this website to gather data in relation to this website and you consent to this (although you may be able to disable cookies on your web browser).

Third Party Products and Services

  • Third Party Providers
    Active WebITS may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.Active WebITS does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Active WebITS is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
  • Active WebITS as Reseller or Licensor
    Active WebITS may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Non-Active WebITS Products”). Active WebITS shall not be responsible for any changes in the Services that cause any Non-Active WebITS Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-Active WebITS Products, either sold, licensed or provided by Active WebITS to you will not be deemed a breach of Active WebITS’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-Active WebITS Product are limited to those rights extended to you by the manufacturer of such Non-Active WebITS Product. You are entitled to use any Non-Active WebITS Product supplied by Active WebITS only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-Active WebITS Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-Active WebITS Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
  • Third Party Websites
    The Services may contain links to other websites that are not owned or controlled by Active WebITS (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our Terms & Conditions no longer govern. You should review the applicable third party’s Terms & Conditions, including privacy and data gathering practices of any website to which you navigate.

Prohibited Persons (Countries, Entities, And Individuals)

As some Services are hosted within the United States, they are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under Australian or U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, Active WebITS also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.

Account Security and Active WebITS Systems

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.

The Services, including all related equipment, networks and network devices are provided only for authorized customer use. Active WebITS may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. Active WebITS may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.

Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by Active WebITS of an issue, we reserve the right to leave access to services disabled.

Active WebITS reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.

Compatibility with the Services

You agree to cooperate fully with Active WebITS in connection with Active WebITS provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, Active WebITS is not responsible for any delays due to your failure to timely perform your obligations.

You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Active WebITS to provide the Services, which may be changed by Active WebITS from time to time in our sole discretion.

You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. Active WebITS does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.

Billing and Payment Information

  • It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
  • Unless otherwise provided, you agree that until and unless you notify Active WebITS of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
  • Listed fees for the Services do not include any applicable taxes imposed by any taxing authority. Any applicable taxes such as GST will be added to Active WebITS’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
  • Late Payment.
    All invoices must be paid within fourteen (14) days of the invoice due date. Any invoice that is outstanding for more than fourteen (14) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Active WebITS may suspend or terminate your account and pursue the collection costs incurred by Active WebITS, including without limitation, any arbitration and legal fees, and reasonable legal fees. Active WebITS will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
  • Domain Payments.
    Domain renewal notices are provided as a courtesy reminder and Active WebITS is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.
  • It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Active WebITS may report any such misuse or fraudulent use, as determined in Active WebITS’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
  • Invoice Disputes.
    You have ninety (90) days to dispute any charge or payment processed by Active WebITS. If you have any questions concerning a charge on your account, please contact us.
  • Payment Card Industry Security Standard Disclaimer.
    Active WebITS complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of our customer’s data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. Active WebITS does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.

Cancellations and Refunds

  • Non-refundable Products and Services.
    There are no refunds on domain names, administrative fees, and install fees for computers and custom software.
  • Cancellation Process.
    You may terminate or cancel the Services by giving Active WebITS written notice via email. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) Active WebITS may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.Once we receive your cancellation notice and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been cancelled.
  • Termination
    Active WebITS may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm Active WebITS or others or cause Active WebITS or others to incur liability, as determined by Active WebITS in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, Active WebITS shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Active WebITS may charge you for all fees due for the Services for the remaining portion of the then current term.UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.

CPU, Bandwidth and Disk Usage

  • Permitted CPU and Disk Usage
    All use of hosting space provided by Active WebITS is subject to the terms of this Agreement and the Acceptable Use Policy.
  • Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. Active WebITS expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. Active WebITS may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Active WebITS’s terms and conditions.
  • Bandwidth Usage
    Bandwidth usage is monitored and is subject to the terms of the plan you purchased. You can view bandwidth usage in your control panel.

Price Change

Active WebITS reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by Active WebITS through notices sent or posted by Active WebITS.

Limitation of Liability

IN NO EVENT WILL ACTIVE WEBITS ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF ACTIVE WEBITS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ACTIVE WEBITS’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ACTIVE WEBITS FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

Indemnification

You agree to indemnify, defend and hold harmless Active WebITS, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable legal fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.

Governing Law; Jurisdiction

Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of Queensland, Australia.

Disclaimer

Active WebITS shall not be responsible for any damages your business may suffer. Active WebITS makes no warranties of any kind, expressed or implied for the Services. Active WebITS disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Active WebITS or our employees.

Backups and Data Loss

Your use of the Services is at your sole risk. Active WebITS’s backup service runs once a week and overwrites any of our previous backups. Only one week of backups are kept at a time. Active WebITS is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on Active WebITS’s servers.

Limited Warranty

THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, ACTIVE WEBITS AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. ACTIVE WEBITS AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. ACTIVE WEBITS AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

Disclosure to Law Enforcement

Active WebITS may disclose information to law enforcement agencies without further consent or notification to the customer upon lawful request from such agencies. We cooperate fully with law enforcement agencies.

Entire Agreement

This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.

Headings

The headings herein are for convenience only and are not part of this Agreement.

Changes to the Agreement or the Services

Active WebITS may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the Active WebITS website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.

Active WebITS reserves the right to modify, change, or discontinue any aspect of the Services at any time.

Severability

If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.

Waiver

No failure or delay by you or Active WebITS to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.

Assignment; Successors

You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of Active WebITS. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. Active WebITS may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

Force Majeure

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labour disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

Third-Party Beneficiaries

Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.

Last Updated February 2020

 

Back To Top