WebTrust ® services: description of the terms of service
1. Description of relations between the client and WebTrust ®
1.1. Client’s application of products, software, services and WebTrust ® web sites (Hereinafter - "services", excluding any
services provided by WebTrust ® to a client under a separate written agreement), subject to the terms of a legal agreement
between the client and WebTrust ®. «WebTrust ®» represents the company WebTrust ® Inc.
The central office is located at: Украина, 29000 г.Хмельницкий ул.Проскуровская 24, +38.0443834054, т.+38.0382709195, mob.+38.0949281054, mob.+38.0949815195, mob.+38.0672576220, mob.+38.0503767707 email
Mailing address: Украина, 29013 г.Хмельницкий а.я.320 In this document there are
items concerning content of such agreement and the basic conditions.
1.2. Except cases when there is the other WebTrust® writing agreement, Customer Agreement always includes, at a minimum, the terms and conditions set out in this document. Such conditions are hereinafter referred to as the "Universal Terms".
1.3. In addition to the Universal Terms, the Customer Agreement with WebTrust ® also contains the conditions of any notifications that refer to the Service. Such conditions are further designated as Additional terms. In the case when in some service the Additional terms are used, such conditions will be available for review either directly in the network of such services, or indirectly, that is through the use of such services.
1.4. Universal Terms, together with the Additional Terms set forth the essence of legally binding agreement between the client and WebTrust ® on the client’s use of WebTrust ® Services. The Customer must carefully examine these terms. This legally binding agreement further denoted as "Terms".
1.5. In the case where there are contradictions between the Additional Terms, and Universal conditions, the Additional Terms prevail only in the network of this Service.
2. Agreement with the existing conditions
2.1. To use the service, the client must first agree to the Terms. The customer can not use the range of services, not accepting conditions.
2.2. The customer has the opportunity to accept the Terms:
(A) by selecting the "Accept Terms" or "Agree to the Terms, if this option is provided by WebTrust ® in the UI Service; or
(B) according to fact of Service usage. In this case, the client consciously accepts and agrees that WebTrust ® will treat the client’s use of the Service as acceptance of the Terms from a certain point of time.
2.3. The customer has no right to use the Service and may not accept the Terms if (a) he has not reached the legal age when he has the possibility of the legal category to enter into legally binding contracts with the WebTrust ®, or (b) he (the client) is a person who is under the legislation of Ukraine or any other state, including the State of his residence or from the territory of which he realizes the use of the Service is prohibited to use / receipt this kind of service.
3. Information about the language of the Terms
3.1. In case when WebTrust ® provides the client with the translation from Ukrainian language, the client consciously agrees with the fact that such translation is provided solely for the convenience Information review, as well, so that the customer relationship with the WebTrust ® are governed by the Ukrainian version of the Terms.
3.2. In case of any inconsistency between the Ukrainian version of the Terms and its corresponding translation, Ukrainian version of these terms is considered to be of a first-priority.
4. Provision of Services by WebTrust ®
4.1. WebTrust ® has subsidiaries and affiliated companies registered all over the world ("Subsidiaries and Affiliates"). Perhaps the emergence of such situations when these companies will provide services to the client on behalf of WebTrust ®. The customer acknowledges and agrees that Subsidiaries and Affiliates companies are entitled to provide Clients with such services.
4.2. WebTrust ® systematically implements new developments in order to provide the best possible service to its users. The customer acknowledges and agrees that the shape and nature of services provided by WebTrust ® can be changed without prior notification of the customer.
4.3. Taking into account the continuous introduction of innovations, the client acknowledges and agrees that the WebTrust ® has the right at its will either to suspend or to stop Rendering of Services (or any features within the Services) to all users in general or to a concrete client, particularly, without prior notice. The customer has the full right to stop using the Services at any time. The client also should not specially notify the WebTrust ® about his decision to stop the use of Services.
4.4. Customer acknowledges and agrees with that if WebTrust ® blocks access to his account, he respectively, may lose access to services, to the information of his account, to any files or other information contained in the client’s account.
4.5. The client, having acquainted himself beforehand with terms acknowledges and agrees that at the moment WebTrust ® does not limit the maximum permissible amount of messages that the client may send or receive using the Services, or regardless of volume of stored information needed to provide the Service, WebTrust ® at any time may independently place on such kind of limitation.
5. Customer’s use of the Service
5.1. In order to access to certain Services, the customer’s personal information may be required (for example, information about personality or contact information) in the network of registration process to begin using the Service or in the process of authorization in order to continue client’s use of the Service. The Customer agrees that any information given by him to WebTrust ® in the registration process, will always be accurate, true, correct and timely.
5.2. The Customer agrees that he will use the Service solely for the purposes permitted by (A) the Terms and (b) any applicable laws, regulations, common practice or guidelines in accordance with the relevant jurisdictions (including laws relating to the export of data and software 'from' or 'in' Ukraine or other countries).
5.3. The client agrees not perform (and not to attempt to obtain) access to any Services in any other way than through the interface provided by WebTrust ®, for unless such cases when such actions were allowed to the client by separate agreement with the WebTrust ®.
5.4. The Client agrees not to undertake any activity that impedes Services implementation (or the relevant servers or networks which are connected with services) or in some way affect their provision.
5.5. The Client agrees not to reproduce, duplicate, copy, and sell, not to trade or resell the Services for any purpose, except for situations when such actions were allowed in accordance with conditions of the separate agreement with WebTrust ®.
5.6. The Customer agrees that it is solely responsible (and that WebTrust ® has no responsibility to the client or to any third parties) for any breaches of customer’s obligation designated in these terms, as well as for all the consequences of such violations (including loss or damage which may be incurred by WebTrust ®).
5.7. The client undertakes to inform about all data changes that he provided on WebTrust ® request while Service registration (for example, to obtain WebTrust ® certificat), throughout the duration of the services (for example, the duration of the WebTrust ® certificate).
6. Client Security: users’ passwords and account security
6.1. Customer consciously understands and accepts that he is responsible for maintaining confidentiality of passwords of any accounts he uses for access to the Service.
6.2. Consequently the customer is exceptionally responsible to the WebTrust ® for all his actions while using his account.
6.3. If the client becomes aware of a certain unauthorized use of its password or account, he should immediately notify the WebTrust ® at firstname.lastname@example.org
7. Privacy, customer’s personal information
7.1. In order to get information about the practice of data protection by WebTrust ®, the client has the right to read WebTrust ® policy about personal data protection by visiting the page which contains information on how WebTrust ® treats personal data and protects client’s confidentiality, while the client is using its services.
8. Information that is available when using services
8.1. The client accepts that the responsibility for any information (such as data files, written text, computer software, music and audio files, as well as other sound files, photos, video and other images) to which the client has access, as part of the Services, or through use of the Services bears the person who has offered this information. Any such information is hereinafter referred to as "Content".
8.2. The Customer understands that Content which is offered to him as part of the Services, including, but not limited to advertisements in the Services and Content posted by sponsors within the Service may be the subject of intellectual property, its rights are protected and belong to the sponsors or advertisers who place such Content in WebTrust ® (or other people or companies on their behalf). The customer has no right to modify, lease, transfer on terms of loan, sell, distribute or create derivative works on basis of such Content (in full or in part), except for cases when such actions were allowed by WebTrust ® or by owners of such Content in accordance with the terms of a separate agreement.
8.3. WebTrust ® saves the right (but is not obliged) to carry out pretest, view, tag, choose, change, not to allow place or remove any or all Content from any Service. For some Services WebTrust ® may provide means for expunging of undisguised sexual content.
8.4. The Customer consciously understands that by using its services, he can detect the Content which he may consider to contain information that is offensive, indecent or obscene, and in this respect, he uses the Services at his own risk.
8.5. The Customer consciously accepts the fact that he is solely responsible (and that WebTrust ® is not responsible to him or to any third parties) for any Content which he creates, transmits or displays on the screen while using the Services, as well as for the consequences of his actions (including any loss or damage which may be incurred by WebTrust ®).
9. Property rights
9.1. Customer acknowledges and agrees that the WebTrust ® (or WebTrust ®licensors) has all property and other rights in respect of the Services, including any intellectual property rights in point of Services (regardless of whether such rights are registered or not, and regardless of the jurisdiction where such rights may arise). The Customer also understands that the Services may contain information which would be regarded by WebTrust ® as confidential and he has no right to disclose such information without the prior written consent made by WebTrust ®.
9.2. Except when another points are agreed with the WebTrust ® in writing form, any present positions in the Terms do not give the customer the right to use any brand names, trademarks, service marks, logos, domain names, brands or other WebTrust ® distinguishing marks.
9.3. If in accordance with the terms of a certain written agreement with the WebTrust ® the client is given an explicit right to use any of these WebTrust ® distinctive marks, the customer agrees to use such differential marks in accordance with that agreement, any applicable provisions of the Terms and WebTrust ® guides (with changes made periodically) on the use of such WebTrust ® distinctive marks.
9.4. Except for the shrink-wrap license, as described in Section 11, WebTrust ® recognizes and agrees that the WebTrust ® does not obtain neither property nor moral rights from the client (either from its licensors) in point of any Content that the client places, posts, transmits or displays on the screen in Services or through the use of the Services, including any intellectual property rights that may exist in relation to such Content (regardless of whether such rights are registered or not, and regardless of jurisdiction, in which such rights belong to the client (or to its licensor)). Except for any notices when another terms are agreed with the WebTrust ® in writing, the client agrees that he is responsible for protecting and use of those rights and that the WebTrust ® is not obliged to do such actions on behalf of the client.
9.5. The Customer agrees not to remove, conceal, or alter any proprietary signs of membership (including copyright and trademarks signs), which may be placed or contained within the Services.
9.6. Except for any notices when another term is permitted by WebTrust ® in writing form, the client agrees that while using the Services he will not use any trademarks, service marks, brand names or logos of any organization or company hereby or with such intent, that it could cause confusion about identification either of the owner or of the authorized user of such marks, names or logos.
10. Licensing authorities of WebTrust ®
10.1. WebTrust ® provides the client on terms of gratuitous personal and nonexclusive license (without limiting of the licensed territory and exempt from transfer or cession to the third parties) to use the software provided to the client by WebTrust ® company in the networks of provided WebTrust ® Service (hereinafter - the "Software". This license is solely intended to provide the client with the possibility to use the Service and to derive profit from available WebTrust ® Services in order specified in the Terms.
10.2. The customer has no right (including, has no right to permit anyone) to modify, create derivative works, disassemble the program into its component codes, decompile, or another attempt to derive the source code of the Software or any of its part, except for cases when such actions are expressly authorized or required in accordance with the law or when the client has WebTrust ® permission in written form to commit such acts.
10.3. Except for cases when the WebTrust ® has provided the client with a special written permission to take such action, the client has no right to assign (or grant sublicense) his rights to use the Software, or otherwise transfer any part of the client rights for the Software use.
11. License for content provided by the client
11.1. The Customer retains copyrights and any other rights, which belong to him in point of the Content he places, posts, transmits or displays on the screen in the Services or through the use of the Services. Through these Content placements, sending, transmission or its display on the screen, the client provides WebTrust ®, on conditions of gratuitous, with perpetual, irrevocable and nonexclusive license (without limiting of licensed territory) to reproduce, adapt, make changes, translate, publish, open implementation, open display and distribution of any Content which the customer places, sends, transmits or displays on the screen in Services or through the use of the Services. Such license is provided solely to give WebTrust ® the opportunity to display, distribute and promote the services on the market, and may be revoked in point of certain Services as defined in the Additional conditions for such Services.
11.2. The client accepts the fact that the license includes the right to make such a WebTrust ® Content available to other companies, organizations or individuals with whom WebTrust ® has communication relations of syndicated services, and WebTrust ® has the right to use such Content in connection with the provision of such services.
11.3. The Customer acknowledges that the WebTrust ® implements the necessary technical steps to provide services to other users, can (a) transmit or distribute client’s content through various public networks and in various forms, and (b) can make the necessary changes in the client’s content to bring it into line or to adapt it to technical requirements of connecting networks, devices, services and facilities of communication. Customer accepts the fact that the license above gives WebTrust ® the right to commit such acts.
11.4. The Client confirms and guarantees the WebTrust ® that the client has all the property and non-property rights necessary for concession of the license above.
12. Software renovation
12.1. Used by the client software may automatically download and install updates from time to time provided by WebTrust ®. These updates are designed to improve or develop services, and may be provided in the form of individual corrections of software errors, improved functions, new software modules and completely new versions. The Customer agrees to receive such updates (and WebTrust ® allows to provide the client with such updates) in the networks of the client’s Services usage.
13. Termination of relations with WebTrust ®
13.1. Conditions continue to be applicable until their validity is stopped either on client’s or WebTrust ® initiative, as described below.
13.2. If the customer wishes to terminate the agreement with WebTrust ®, he can do it (a) by providing at any time WebTrust ® with the notice about it, and (b) by closing all his client’s accounts for all services which were used if WebTrust ® has provided the client with the appropriate termination option. Customer’s Notification must be in writing form sent at the WebTrust ® address, indicated at the beginning of these Terms.
13.3. WebTrust ® may at any time terminate the agreement with the client, if:
(A) the customer has violated any provision of the Terms (or committed acts that clearly indicate that the client does not intend or is unable to comply with the provisions of the Terms), or
(B) WebTrust ® must do it by act of law (for example, in cases when the provision of the Client with Services is, or becomes, unlawful); or
(C) WebTrust ® partner, with whom WebTrust ® offers services to a client, stopped its relations with the WebTrust ® or does not provide a client with the services anymore, or
(D) WebTrust ® stops providing the Services to users who are on the territory of a country, the resident of which the client is, or from the territory of which the client uses the services, or
(E) the provision of services to a customer by WebTrust ®, according to WebTrust ®, is no longer commercially viable.
13.4. The provisions of this Section do not affect the WebTrust ® rights in point of providing Services in accordance with Section 4 of the Terms.
13.5. On termination of these Terms, such termination does not affect any rights, obligations and liabilities acquired either by the client or by WebTrust ®, applicable to the client or to WebTrust ® (or arising during the course of the Terms) or which explicitly stated that their action is not limited by time.
14. Exclusion of warranties
14.1. Services are provided "as is", and WebTrust ® company, its subsidiaries and affiliates and licensors do not grant the customer any warranties in respect of the Services, if it is not agreed in writing form
14.2. Particularly, WebTrust ®, its subsidiaries and affiliates, and licensors do not provide any assurances or guarantees that:
(A) the customer’s use of service will respond to client’s requirements
(B) the customer’s use of services will not be interrupted, will always be a convenient for the customer time, will be safe or will not be the subject to errors or failures
(C) any information received by the client as a result of the Service use will be accurate and reliable, and
(D) defects in the Software operation, provided by the client as part of the Services, will be corrected.
14.3. There are no conditions, warranties or other terms applied to Services, (including any implied terms regarding satisfactory quality, fitness for certain purpose or conformance to description), except those expressly specified in the Terms.
14.4. The provisions of these Terms do not affect the impact of rights provided by the law and pertaining to the client as a consumer, which by virtue of the treaty the client can not change and from which he also can not refuse.
15. Liability limit
15.1. The provisions of these Terms neither exclude nor limit WebTrust ® liability for causing losses to the extent to which such liability can not be excluded or its action can not be restricted by applicable law.
15.2. Subject to the provisions of a general nature in paragraph 15.1 above, the WebTrust ® Company, its subsidiaries and affiliates, and licensors are not responsible to the client for:
(A) any indirect or consequential damages that the client can incur. This includes any loss (direct or indirect) of profit, any damages caused to the customer reputation or to intangible assets, and any loss of data, incurred by the client;
(B) any loss or damage which the customer may incur as a result of:
(i) that the client relied on the completeness, accuracy or existence of any advertising, or as a result of any relationship between the client and any advertiser or sponsor, whose advertising appears on the Services;
(ii) any changes that WebTrust ® may contribute to the Service, or as a result of termination (permanent or temporal) providing the Services (or any separate function or properties of the Services);
(iii) removal, failure or inability to maintain any Content or other communication data contained in the Services or transmitted through the use of the Services;
(iv) that the client did not provide WebTrust ® with accurate account information;
(v) that client failed to provide safety and confidentiality of his password or data on his own account;
15.3. Limitation of WebTrust ® Liability to the customer specified in paragraph 15.2 above are subject to application regardless of whether the WebTrust ® company knew or should have known about the potential of any such damages.
16. Other content
16.1. Services may include hyperlinks to other Web sites, to other content or resources. WebTrust ® may not have control over any Web sites or resources provided by other companies or individuals.
16.2. Customer consciously accepts the fact that WebTrust ® is not responsible for the availability of any such external sites or resources and does not give its approval to any advertising, products or other material available on such sites, resources, or through the use of such sites or resources.
16.3. Customer consciously accepts the fact that WebTrust ® is not responsible for any loss or damage which the customer may incur as a result of providing access to such external sites or resources, or as a result of what a customer relies upon completeness, accuracy or existence of any advertising, products or other materials on such sites, resources, or through the use of such sites or resources.
17. Changing of Conditions
17.1. WebTrust ® may from time to time make changes to the Universal Terms or additional conditions. In making such changes WebTrust ® will provide a new version of the Universal conditions and access to any new Additional conditions will be available on the Service or through the use of the Service, which had been amended accordingly.
17.2. The Customer consciously accepts that if he uses the Service after the date of the appropriate changes in the Universal Terms or Additional Terms, WebTrust ® will treat the customer’s use of services as client’s acceptance of new Universal conditions or Additional conditions.
18. General legal positions
18.1. From time to time using the services by a client, the customer may (as a result or through the use of the Services) use the service, download pieces of software or purchase products offered by other people or companies. Client’s use of such other services, software or goods due to separate terms between the client and such other company or person may be stipulated by actions of certain terms. In this case these terms do not affect client’s relations with other companies or individuals.
18.2. These Terms represent the entire legal agreement between the client and WebTrust ® and regulate the use of Customer Services (but excluding any services that WebTrust ® can provide to the client in accordance with any particular Agreement), and completely replace any prior agreements between the client and WebTrust ® in point of the Services.
18.3. The Client accepts the fact that WebTrust ® may send a notification to the client, including notification on changes to the Terms, by email, regular mail, or putting of information on the Services.
18.4. The Client accepts the fact that disuse or non-use of any rights or remedies by the WebTrust ® provided by these Terms and Conditions (or owned to WebTrust ® by virtue of applicable law) does not mean a formal rejection from the WebTrust ® viewpoint from such rights, the latter and remedies will still be available for WebTrust ®.
18.5. If any court having jurisdiction to resolve the appropriate question, will decide that any provision of these Terms is invalid, such provision shall be removed from the Terms and it will not affect actions of other provisions of these Terms. Other provisions of these Terms will continue remain valid and enforceable.
18.6. The Customer consciously accepts that any company within the group of companies where WebTrust ® is the parent company, is a third party beneficiary in respect of these Terms and such other companies may use and rely upon any provision of these Terms, which include any rights or benefits for these companies. In addition to this, no other person or company shall be the third party beneficiaries as to these Terms.
18.7. These Terms and relations between the client and WebTrust ® in accordance with these Terms are governed by laws of Ukraine. Client and WebTrust ® hereby agree to comply in the event of any disputes arising in connection with these Terms of exclusive jurisdiction of the courts of Ukraine. Notwithstanding foregoing regulation, the client agrees that WebTrust ® has the right to judicial remedies in the form of the injunction imposing (or similar remedies for immediate action) in any jurisdiction
version 1.03 August 7, 2010 Copyright © 2008-2014 WebTrust ®
Украина, 29000 г.Хмельницкий ул.Проскуровская 24, +38.0443834054, т.+38.0382709195, mob.+38.0949281054, mob.+38.0949815195, mob.+38.0672576220, mob.+38.0503767707 email