Webgarden.com General Terms & Conditions of Service

Preamble
The Terms & Conditions set forth in this agreement govern the relationship between the Service Provider, Webgarden s.r.o. (hereinafter referred to as the “Provider"), and You (the “User”). The User agrees to be bound by the Terms & Conditions (“Terms of Service”) set herein.
The Service is provided by WEBGARDEN s.r.o., registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 135509, February 22, 2008, with a registered office at Na Dionysce 14, Prague 6, 160 00, Czech Republic. Contact e-mail: support@webgarden.com. Main office premises and contact address: WEBGARDEN s.r.o., Velflikova 6, Prague 6, 160 00, Czech Republic.
The User can be any natural or legal person that intends to use the Services of WEBGARDEN s.r.o.
The Terms of Service agreement is executed electronically online. By completing the registration process or using any service of Webgarden.com (.cz, .es, .ro, .at, .ar .mx, .fr, and so forth), the User acknowledges that he/she has reviewed and accepts this agreement.
Description
The Provider's obligation is to ensure the availability of the offered online publication system and all closely related Services to the user. The Service offered consists of the establishment and operation of websites. The Provider is obliged to ensure continual operation of the User's website (i.e. to ensure Internet users access to the website of the User), the possibility to update the website content, and other related services.
The User builds the website, establishes e-mail accounts, and creates other content on his/her own, utilizing Webgarden.com as a tool.
Technical support is not a part of the Service, since the Service is designed to be a tool for creating websites on your own. Technical support may be available in some languages, locations, and in the case of some plans. In this case, the contact information is indicated in the Service website footer. If no support is available, the User is recommended to seek advice from other Webgarden users.
The User is obliged to allow the intervention of the Provider on his/her website. Such intervention can take the form of advertisements or other elements. The User is not allowed to modify, alter, or adapt the graphics, function, or meaning in any way, to put them at a disadvantage, or to otherwise draw attention to them on his/her website.
The Provider reserves the right to display extracts from the User's website content for marketing, advertising, documentation, or presentation purposes on other websites (e.g. community pages).
All modifications made by the Users when editing their web pages are immediately reflected on their website on the Internet. All content posted to the pages is immediately published on the Internet.
Domain Name Registration
The Service allows the User to obtain his/her own second-level domain name (hereinafter referred to as "Domain"). The price of the selected TLD (Top-Level Domain, for example .com, .net) is set according to the price list valid at the moment when the order is made. The price includes a one-year registration (unless otherwise indicated) and the settings that are necessary for using the domain for websites and e-mail accounts created within the service.
The User may be notified in advance about the upcoming expiry of the domain, although the Provider is not responsible for a possible loss of domain name caused by a late, erroneous, or incomplete registration or prolongation. It is up to the User himself/herself to confirm that the registration or prolongation has been successfully executed by means of the freely accessible "WHOIS" protocol.
In order to simplify the registration process, in some cases, the domain is first registered under the name of the Provider. Thus, the Provider is mentioned as the domain holder in the central registry. After verifying the User’s identity, the Provider can, at any time, alter the details indicated in the registry at the request of the User. In this case, the User must provide all the necessary information (usually name, surname, address, valid e-mail address, phone number, and the company's tax identification number and/or any other company identification number); the e-mail address must be the one provided upon registering for the Service. In the event of domain disputes and/or complications (including, but not limited to, legal disputes or suspicion of a crime), the User will be asked by the Provider via e-mail to take responsibility and to transfer the domain to his/her own name. If the User does not react affirmatively within 7 days from when the e-mail was sent, the Provider will block or cancel the domain name.
If the domain was registered by the User using the contact details of the Provider, the latter is not liable for the published domain content.
Personal details specified during the domain registration process are automatically published on the Internet and can be searched by means of the "WHOIS" protocol.
Tariffs
Webgarden’s Services may be provided under different conditions in different locations. Although there may be special offers available, the conditions are generally as listed below for the available tariffs:
Paid Plans
Paid Plans commonly raise specific limits (for upload, data transmission, data storage space, video size, etc.) and can make some additional features available ("DoFollow" for search engines, technical support, etc.). Exact information regarding Paid Plans can be found in the tariff portfolio published on the website of the Service.
The Paid Plan is purchased for a given time period that starts at the moment when the payment is processed by the Provider. The order placed is considered binding from the time that the payment is processed. Approximately one month before the plan expires, the User will receive an e-mail with a no-obligation order form to renew the Paid Plan for the given time period.
Once a Paid Plan expires, Services can be terminated, websites and e-mail accounts can be blocked or permanently cancelled or the Provider is free to insert advertisements into them.
Paid Plans can be used for websites with data transfers of less than 5 GB within 30 days. If the User’s data transfers are higher, it is not possible to use a standard Paid Plan; the user will be offered a customized plan with the appropriate parameters.
Free Trial
The Free Trial, available in some locations, usually includes the same types of features as a Paid Plan, but they can be limited in capacity and number. For websites using the Free Trial, robot indexing is forbidden.
Once the Free Trial period expires, it is possible to switch to a Paid Plan. Otherwise, Services can be terminated, websites and e-mail accounts can be blocked or permanently cancelled or the Provider is free to insert advertisements into them.
Free Service
If the User chooses the Free Service, which is available in some locations, the website’s operation is financed through advertisements and other elements inserted into the User's website. Although all features are available, they can be limited in capacity and number. For the websites concerned, robot indexing is forbidden.
Rights and Obligations of Contracting Parties
The Provider reserves the right to temporarily interrupt or limit the service, mainly due to necessary repair and maintenance work. If possible, the Provider will inform the User duly in advance on the information interface of the Service. Furthermore, the Provider reserves the right to limit or suspend the Service in the case of natural disasters or other acts of God (fires, floods, etc.), the discontinuance of the services of other suppliers (including, but not limited to, electrical power failures or telecommunications failures), or due to acts of third parties that are beyond the reasonable control of the Provider.
The Provider shall not be liable for the availability and quality of the service, mainly in terms of response time, page generation time, access speed, and page download time.
The User is obliged to use all services rendered by the Provider lawfully and to respect the applicable legal acts and these Terms of Service. It is forbidden to store, transmit, or post any information, data, or materials whose content is not in accordance with the legislation of the Czech Republic, acquis communautaire, or international agreements whereby the Czech Republic is bound such as public order, bonos mores, or the principles of fair business conduct.
The Provider reserves the right to permanently discontinue Services without notice and without having to explain this decision mainly in the cases listed below:
The website does not conform to the applicable laws of the Czech Republic, international agreements, or is contra bonos mores, etc.

The website content disrupts the operation of webgarden.com (for instance scripts), including the linking of pages to pages (e.g. via 'iframe').
The website content harms the good name of the Provider or damages his reputation.
The website content disseminates tools or media endangering Internet security, the Provider's data network, or enables the endangering of said information.
The website contains automatic redirect.
The website encourages clicking on advertisements or autotelic clicking (page display).
The website is related to hacking, cracking, drugs, pharmaceutical products, hazardous games, or gambling; or the sale and/or propagation of weapons, ammunition, alcoholic beverages, tobacco products, counterfeit goods, degree theses, or dissertations.
The website contains content, or refers to websites containing content, that we determine in our sole discretion is extremist, discriminatory, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable.
The website content breaches the legal rights of third parties, above all intellectual property rights (i.e. trademarks and copyrights including, but not limited to, the author's rights to software, movies, music, photographs, trademarks) and competition law.
The website content is not in accordance with the criminal code (No. 40/2009 Coll., as amended), the act on administrative infractions (No. 200/1990 Coll., as amended), or any other laws on administrative infractions.
The website is inactive - there has been no access to the administration pages recorded for more than one year.
The User modifies the graphics, functioning, or meaning of an advertisement or other similar element posted to his/her website by the Provider.
The website was generated by a robot.
The website was created in order to manipulate the results of search engines or gives such an impression; or has not been created primarily as a source of information, but only as a website to collect traffic and lead it to other websites.
The User otherwise breaches the Terms of Service.
In certain cases, exceptions can be made for pages that violate the above-listed Terms (e.g. involve sexual content) if they are operated under a Paid Plan on the User’s own domain with the Provider’s explicit consent. The Provider reserves the right to authorize such cooperation at its sole discretion.
The Provider reserves the right to at any time block access to its own servers for any automatic searching systems (including, but not limited to, autosurfs) or other non-standard ways of web surfing. The Provider reserves the right to at any time block access to its own servers for networks which attack, harass the Users of, or cause other damage to Webgarden s.r.o. Services. The Provider reserves the right to at any time prevent Users from posting links to content from unaffiliated servers on its own servers.
The Provider reserves the right to send advertisements to the User's e-mail address, but no more than four times per month.
The Provider reserves the right to offer free activation of any tariff at its discretion (e.g. to sponsor a User or as a tariff benefit demonstration). At the end of the free tariff period, the User will receive a non-binding offer to continue with a Paid Plan. The User is in no way obligated by this offer.
Limitation of Liability, Warranty Disclaimer, and Indemnity
The User is fully responsible for the information and materials that he stores, presents, or transmits via his/her web page. Act No. 480/2004 Coll. on certain services of information companies applies to the Provider's liability for the Users' websites.
The User is liable to the Provider or any third party in respect to any loss or damage which may be suffered or incurred relating to the violation of these Terms of Service.
The User is liable for the accuracy and completeness of the information provided to the Provider and for the timely communication of all respective changes. The User accepts full liability for any loss or damage relating to the fact that the e-mail address used by the Provider for communication of important information to the User is not up to date, the fact that he/she does not regularly check this e-mail address, and/or its state does not allow the User to read an e-mail message.
Any person with access to the e-mail account indicated as the "account/username" upon website registration is deemed to be the author of the pages. Exclusively, this e-mail address can be used to get a new password or to confirm any decisive action such as the website’s removal, change of owner, etc.
The Provider does not undertake any obligation or responsibility for interruption or limitation of services by virtue of a third party, act of God, natural disaster, or malfunction of other Suppliers' equipment.
The Provider disclaims liability for loss or damage suffered or incurred due to the loss or damage of stored information.
Furthermore, the Provider will not be liable for any violation of intellectual property rights committed by the User when employing registered brands and or trademarks.
Final Provisions
The Provider undertakes the obligation not to disclose personally identifiable information gathered about the User and respects Act No. 101/2000 Coll. on personal data protection.
It is impossible to remove a User's account retroactively, but the User can remove all personal data from it.
These Terms of Service are subject to change. The User has to be notified of amendments to these Terms of Service at least 15 days prior to when they take effect by the Provider posting them to the Service website.
These Terms of Service shall replace all previous Terms & Conditions of WEBGARDEN s.r.o. Services and are effective from January 9, 2014.
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