Effective Date: 24th November 2020
Our services allow our users to build a simple and functional website, manage and promote content, products, businesses, and ideas from any device. We offer our users tools and features to create, publish, and use websites, online e-commerce platforms, and other services.
1. Legal Agreement
These Terms of Service ("Terms") cover your use of and access to the websites, services, products, templates, applications, tools, and features (collectively, the "Services" or "DIY Websites Services") provided by DIY Websites (as described below), including and without limitation during free trials, on the websites and the associated domains of www.diywebsites.ie and on DIY Websites web, mobile, and other applications.
The DIY Websites Terms form a binding and enforceable legal agreement between IceWolf Technology ("IceWolf Technology", "IceWolf", "DIY Websites", "us" or "we") and you ("User" or "you") about the use of any DIY Websites Services - so please read them carefully.
By using or accessing the Services, you're agreeing to these Terms, our Product Specific Terms, our Copyright Policy, our Acceptable Use Policy and our Data Processing Agreement (collectively, this “Agreement”). If you're using the Services for or on behalf of an organization, you agree to this Agreement on behalf of that organization, and you represent and warrant that you can do so. References to "you", "your" and similar terms are construed accordingly in this Agreement. If you don't agree to all the terms in this Agreement, you may not use or access the Services.
We have tried to make this Agreement fair and straightforward, but please contact us if you have any questions or suggestions.
2. Creating Accounts
To use many of the Services, you must first create an account ("Account" or "User Account"). Different parts of the Services may require other Accounts. You agree to provide us with correct, complete, and up to date information for your Accounts. We may need to use this information to contact you or use it to identify and determine the User Account's real owner.
Please keep your Accounts safe and make sure others don't have access to your Accounts or passwords and other authentication credentials (collectively, "passwords"). We strongly encourage you to keep the passwords or other log-in credentials of your User Account confidential as you will be solely and entirely responsible for all activities that occur under your User Account. We're not liable for any acts or omissions by you or anyone else in connection with your Accounts. You must immediately notify us if you know or have any reason to suspect that your Accounts or passwords have been stolen or otherwise compromised or in case of any actual or suspected unauthorized use of your Accounts. DIY Websites will consider the owner of a User Account, User Platform, and User Content created and uploaded to the relevant DIY Websites Service as the person or entity who has access to the email address listed in DIY Websites's records for such User Account.
The Services are not intended for and may not be used by children under the age of 16. By using the Services, you represent that you're at least 16. If you're under the age of 18, depending on where you live, you may need to have your parent or guardian's consent to this Agreement, and they may need to enter into this Agreement on your behalf.
DIY Websites shall have the right to determine the ownership of User Account and User Content and User Website as it chooses, including ignoring the indications set forth above.
3. Your Content
Users of the Services (whether you or others) may provide us with content, including without limitation text, photos, images, audio, video, fonts, logos, stickers, code, and any other materials ("User Content"). Your User Content stays yours, except for the limited rights that enable us to provide, promote, protect, and improve the Services as described in this Agreement. User Content includes without limitation content you post to Your Websites. "Your Websites" means the websites you create or publish using the Services.
When you provide User Content via the Services, you grant DIY Websites (including our third-party hosting providers acting on our behalf) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Services. This Section does not affect any rights you may have under applicable data protection laws.
We may choose to feature Your Sites or names, trademarks, service marks, or logos included on Your Sites. You grant us a perpetual, worldwide, royalty-free, non-exclusive right and license to use any version of Your Sites, or any portion of Your Sites, including without limitation names, trademarks, service marks, or logos on Your Sites, for the limited purpose of DIY Websites marketing and promotional activities. For example, we may feature Your Sites on our Templates page, on the Customers sections, or on our social media accounts. You waive any claims against us relating to any artists' rights, moral rights, or any other similar rights worldwide that you may have in or to Your Sites or names, service marks, trademarks, or logos on Your Sites and any right of inspection or approval of any such use. This Section does not affect any rights you may have under applicable data protection laws.
4. Your Responsibilities
You understand that DIY Websites does not provide any legal advice or any recommendation concerning any laws or requirements applicable to your use of the DIY Websites Websites or any of your End Users.
You represent and warrant that you own all rights to your User Content. Otherwise, you have (and will continue to have) all rights and permissions necessary to use, display, share, license, and transfer your User Content via the Services and in the manner outlined in this Agreement. Suppose we use your User Content in the ways described in this Agreement. In that case, you represent and warrant that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights, trade secrets, or any other intellectual property or proprietary rights. Also, content on the Services may be protected by others' intellectual property, trade secrets, or other rights. Please don't copy, upload, download, or share content unless you have the right to do so.
You represent and warrant that your use of the Services complies with applicable laws, including without limitation applicable export or import controls and regulations and sanctions.
The Services let you share User Content including without limitation on social media and the open web, so please think carefully about your User Content. We're not responsible for what you share via the Services.
You must comply with our Acceptable Use Policy (which is incorporated herein by reference). You represent and warrant that your User Content and your use of the Services complies with our Acceptable Use Policy.
You agree and undertake not to use any of the DIY Websites Services in connection with any form of spam, unsolicited mail, fraud, scam, phishing, "chain letters", "pyramid schemes", or similar conduct, or otherwise engage in unethical marketing or advertising.
You agree and undertake not to sell, license, or exploit for any commercial purposes any use of the DIY Websites Services, except as expressly permitted by the DIY Websites Terms.
Your Sites may have their visitors, customers, and users ("End Users"). You understand and agree that:
- Your Sites and your End Users are your responsibility.
- You're solely responsible for providing products, services, and support to your End Users.
- You're solely responsible for compliance with any laws or regulations related to Your Sites and/or your End Users.
We're not liable for and won't provide you with any legal advice regarding, Your Sites or your End Users. The above does not limit or affect any liability we may have to you separately for any breach of the other provisions of this Agreement.
5. Third Party Services
The Services are integrated with various third party services and applications (collectively, "Third Party Services") that may make their content, products, or services available to you. Examples of Third Party Services include certain domain name registration services, social media platforms, eCommerce Payment Processors, extensions listed, and other integrations via the Services and other integration partners and service providers. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We don't control Third Party Services, and we're not liable for Third Party Services or for any transaction you may enter into with them, or for what they do. When using Third Party Services, your security is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We're not liable for any such suspension, disabling, or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses, or business disruption, costs or expenses you may incur or otherwise experience as a result (except where prohibited by applicable law).
6. Third Party Sites
The Services may contain links to third party websites. When you access third party websites, you do so at your own risk. We don't control and aren't liable for those sites and what those third parties do.
7. User Content
The Services or websites created using the Services may contain User Content:
(a) that is offensive or objectionable;
(b) that contains errors;
(c) that violates intellectual property, trade secret, privacy, publicity or other rights or the good name of you or third parties;
(d) that is harmful to your or others' computers or networks;
(e) that is unlawful or illegal;
(f) the downloading, copying, or use of which is subject to additional terms and policies of third parties or is protected by intellectual property, trade secret, privacy, or other laws. By operating the Services, we don't represent or imply that we endorse your or other users' User Content or believe such User Content is accurate, useful, lawful, or non-harmful. We're not a publisher of, and we're not liable for, any User Content uploaded, posted, published, or otherwise made available via the Services by you or other users. You're responsible for taking precautions to protect yourself, your Accounts, and your computer or network from User Content accessed via the Services.
8. Our Intellectual Property
As between you and DIY Websites, the Services are owned by IceWolf Technology and might be protected by copyright, trade secret, trademark, and other foreign laws. This Agreement doesn't grant you any right, title, interest in the Services, others' User Content, our trademarks, logos or other brand features or intellectual property or trade secrets or others' content in the Services. You agree not to change, modify, translate, or otherwise create derivative works of the Services or others' User Content.
We welcome your feedback, ideas, or suggestions (collectively, "Feedback"). Still, you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated. This Section does not limit or affect any rights you may have under applicable data protection laws.
8.2 Our Demo Content
We may provide templates or other products featuring demo content, including without limitation text, photos, images, graphics, audio, and video (collectively, "Demo Content"), to provide you with ideas or inspiration. Unless we tell you otherwise, Demo Content (or any portion of it) may not remain on Your Site or be distributed, publicly displayed, publicly performed, or otherwise published.
The Services include social, website, or other templates (collectively, "Templates"). The Templates have without limitation Demo Content, designs, layouts, stickers, stamps, overlays, elements, and other materials. DIY Websites owns the Templates. You may not use any Template in any way, intentional or otherwise, that competes, as determined by us in our sole discretion, with the Services.
8.4 Beta Features
We may release products and features that we're still testing and evaluating. Those Services will be marked as beta, preview, or early access (or a similar phrasing) and may not be as reliable as our other Services.
9. Our Rights
We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by applicable law):
We may change parts or all of the Services and their functionality.
We may suspend or discontinue some or all of the Services.
We may terminate, suspend, restrict, or disable your access to or use of parts or all of the Services.
We may terminate, suspend, limit or disable access to your Accounts or parts, some or all of Your Sites.
We may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Services in that jurisdiction).
9.1 Ownership Disputes
Sometimes ownership of an Account or site is disputed between parties, such as a business and its employees or a web designer and a client. We try not to get involved in these disputes. However, we reserve the right, at any time and in our sole discretion, and without notice to you, to determine rightful Account or site ownership and to transfer an Account or site to such owner. Our decision in that respect is final. If we feel that we can't reasonably determine the rightful owner, we reserve the right to suspend an Account or site until the disputing parties reach a resolution. We also may request documentation, such as a government-issued photo ID, credit card invoice, or business license, to help determine the rightful owner.
9.2 HTTPS Encryption
We may offer HTTPS encryption for Your Sites. By registering a custom domain via the Services or pointing a custom domain to the Services, you authorize us to create and maintain a certificate for the limited purpose of providing HTTPS for Your Sites.
Data Processing Agreement.
Our Data Processing Agreement forms part of this Agreement.
You Must Comply With Data Protection, Security, And Privacy Laws. You agree and warrant that you are solely responsible when using Your Sites or the Services for complying with applicable data protection, security and privacy laws and regulations (including, where applicable, the EU General Data Protection Regulation and the EU e-Privacy Directive/Regulation), including any notice and consent requirements. This includes without limitation the collection and processing by you of any personal data, when you use Your Sites and the Services to send marketing and other electronic communications to individuals and when using cookies and similar technologies on Your Sites (including, in particular, those which we place for you at your request as part of the Services, such as to undertake analytics for you).
10.1 Privacy Policies
10.2 Cookies And Similar Technologies
10.3 Protect And Improve The Services
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law. Such notices should be reported via the process described in our Copyright Policy, which is incorporated by reference into this Agreement. We reserve the right to delete or disable content alleged to be infringing and terminate Accounts of repeat infringers without any refunds.
11. Paid Services And Fees
You can access certain portions of the Services by submitting a fee payment (such services, "Paid Services"). Paid Services will remain in effect until cancelled or terminated by this Agreement. We'll tell you about fees for Paid Services before charging you. You may cancel Paid Services at any time via the Services. If you don't pay for Paid Services on time, we reserve the right to suspend or cancel your access to the Paid Services. Transaction fees and additional fees may also apply to specific portions of the Services, and we'll tell you about those fees before charging you. Our fees will appear on an invoice that we provide via the Services within your eCommerce Payment Processor account(s) unless otherwise indicated. Please note that different Paid Services have additional fees and payment schedules, and canceling one Paid Service may not cancel all your Paid Services.
All fees are exclusive of applicable national, provincial, state, local, or other taxes ("Taxes"), unless explicitly stated otherwise. You're responsible for all applicable Taxes, and we'll charge Taxes in addition to the Services' fees when required to do so. If you're exempt from Taxes, you must provide us with valid tax exemption documentation. We reserve the right to determine if the documentation provided is valid. Tax exemption will be provided we're satisfied it's valid and applicable, only apply from, and after the date we receive such documentation. If DIY Websites has a legal obligation to pay or collect indirect Taxes (such as value-added tax or goods and services tax) on the sale to you under the laws of your country (where you are established, have a permanent address, or usually reside), you shall be liable for payment of any such indirect Taxes. Where DIY Websites does not have a legal obligation to pay or collect indirect Taxes on a sale of Paid Services to you, you may be required to self-assess those Taxes under the applicable laws of your country (where you are established, have a permanent address, or usually reside).
11.3 Automatic Subscription Renewals
To ensure uninterrupted service, we'll automatically bill you for certain Paid Services from the date you submit your initial payment and on each renewal period or amount afterward until cancellation. Your renewal period will be equal in time or amount to the renewal period of your current subscription. For example, each billable renewal period will be for one (1) month if you're on a monthly subscription plan. We'll automatically charge you the applicable amount using the payment method you have on file with us, and by agreeing to this Agreement, you authorize us to do this. We'll let you know in advance if you're purchasing a Paid Service that includes auto-renewal payments. You can cancel auto-renewal at any time via the Services.
While you may cancel any Paid Services at any time, you won't be issued a refund except in our sole discretion or if legally required. Some of the Paid Services offer a free trial so that you can try out your subscription. Please note applicable statutory rights of cancellation may not result in a refund, as we do not charge for this trial period.
11.5 Fee Changes
We may change our fees at any time. We'll provide you with advance notice of these fee changes via the Services. New fees will not apply retroactively. If you disagree with the fee changes, you have the right to reject the change by canceling the applicable Paid Service before your next payment date.
If you contact your bank or credit card company to decline, chargeback, or otherwise reverse the charge of any payable fees to us ("Chargeback"), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact Customer Care before filing a Chargeback. We reserve our right to dispute any Chargeback.
11.7 Our Payment Processor
11.8 Fees For Third Party Services
Third Party Services purchased via the Services may be subject to other refunds or other policies that those Third Party Services determine, and such Third Party Services may be non-refundable. The purchase terms and conditions for such Third Party Services may be displayed during the purchase process, such as through a link to the purchase terms and conditions. It's your responsibility to verify your ability to purchase, cancel, or obtain a refund for a Third Party Service. Unless otherwise stated in this Agreement, we don't offer refunds for purchases of Third Party Services.
12. Product Specific Terms
Our Product Specific Terms apply to your access to and use of specific products or services available via the Services as specified in our Product Specific Terms. Our Product Specific Terms are incorporated by reference into this Agreement.
"eCommerce Payment Processor" as used herein has the meaning outlined in our Product Specific Terms.
"Your eCommerce" as used herein has the meaning outlined in our Product Specific Terms.
13. Loss of Data, Content, and Capacity
Suppose your User Account or any DIY Websites Services or Third Party Services related to your User Account are cancelled (whether at your request or at DIY Websites's discretion). In that case, it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data, or other usage data retained therein, and including any domain name reservation or registration that was included in such Services ("Capacity Loss"). DIY Websites shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any DIY Websites Services following their cancellation, as determined by DIY Websites in its sole discretion.
14. Term And Termination
This Agreement will remain in effect until terminated by either you or us. You may terminate this Agreement at any time via the Services. We reserve the right to change, suspend or discontinue, or terminate, restrict or disable your use of or access to, parts or all of the Services or their functionality at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of part or all of the Services if you're violating these Terms or our Acceptable Use Policy. We will endeavor to provide you reasonable notice upon suspending or terminating part or all of the Services. All sections of this Agreement that by their nature should survive termination shall survive termination, including without limitation the following sections in these Terms and any similar sections or provisions in the rest of this Agreement: Your Content, Our Intellectual Property, Warranty Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and Additional Terms.
15. Warranty Disclaimers
To the fullest extent permitted by applicable law, DIY Websites makes no warranties, either express or implied, about the Services. The Services are provided "as is" and "as available". DIY Websites also disclaims any warranties of merchantability, fitness for a particular purpose, and non-infringement. Whether oral or written, no advice or information obtained by you from DIY Websites shall create any warranty. DIY Websites makes no warranty or representation that the Services will: (a) be timely, uninterrupted, or error-free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components.
Some jurisdictions don't permit the disclaimers in section "Disclaimers" under certain circumstances, so they may not apply to you. However, the disclaimers apply to the maximum extent permitted by applicable law. You may have other statutory rights, and nothing in this Agreement affects your statutory rights or rights under mandatory laws. The duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by applicable law.
16. Limitation Of Liability
Unless you are an EU Consumer, you acknowledge and agree that to the fullest extent permitted by applicable law, in no event will DIY Websites and its affiliates and its and their directors, officers, employees, and agents be liable with respect to any claims arising out of or related to the Services or this Agreement for:
- Any indirect, special, incidental, exemplary, punitive, or consequential damages.
- Any loss of profits, revenue, data, goodwill, or other intangible losses.
- Any Losses (as defined below) related to your access to, use of or inability to access or use parts, some or all of your Account, Your Sites or parts or all of the Services, including without limitation interruption of use or cessation or modification of any aspect of the Services.
- Any Losses related to unavailability, degradation, loss, corruption, theft, unauthorized access or, unauthorized alteration of, any content, information, or data, including without limitation User Content and Your eCommerce data.
- Any User Content or other conduct or content of any user or a third party using the Services, including without limitation defamatory, offensive, or unlawful conduct or content.
- Any Third Party Services or third party sites accessed via the Services.
If you are an EU Consumer, we shall, despite any other provision in this Agreement, provide the Services with reasonable care but will not be liable for any losses which were not a reasonably foreseeable consequence of our breach of this Agreement (except in relation to death or personal injury resulting from our negligence or fraud). These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory, whether or not DIY Websites has been informed of the possibility of such damage, and even if a remedy outlined in this Agreement is found to have failed its essential purpose. To the fullest extent permitted by applicable law (whether or not you are an EU Consumer), in no event shall the aggregate liability of DIY Websites for all claims arising out of or related to the Services and this Agreement exceed the greater of twenty dollars ($20) or the amounts paid by you to DIY Websites in the twelve (12) months immediately preceding the event that gave rise to such claim. If you are an EU Consumer, DIY Websites is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. An "EU Consumer" means a natural person acting for purposes outside their trade, business, craft, or profession (as opposed to a User for business or commercial purposes) habitually residing in the European Economic Area.
To the fullest extent permitted by law, you agree to indemnify and hold harmless DIY Websites and its affiliates and its and their directors, officers, employees, and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards, and expenses of any kind (including without limitation reasonable attorneys' fees and expenses) (collectively, "Losses") arising out of or related to:
- Your breach of this Agreement.
- Your User Content, Your Sites, and Your eCommerce.
- Any claims by, on behalf of, or against your End Users.
- Your violation of any law or regulation or the rights or good name of any third party.
- Any claims from tax authorities in any country in relation to Your eCommerce operations, including without limitation your sales to individual consumers (including distance sales) and other operations for which DIY Websites may be held jointly and severally liable.
Your indemnification obligations under this Section shall not apply to the extent directly caused by our breach of this Agreement or, where you are an EU Consumer, to the extent that the consequences were not reasonably foreseeable.
18. Entire Agreement
This Agreement constitutes the entire Agreement between you and DIY Websites regarding the subject matter of this Agreement. It supersedes and replaces any other prior or contemporaneous agreements or terms and conditions applicable to the subject matter of this Agreement. You agree that you have not relied upon and have no remedies regarding any term, condition, statement, warranty, or representation except those expressly set out in this Agreement. You also may be subject to additional terms, policies, or agreements that may apply when you use other services, including Third Party Services. This Agreement creates no third party beneficiary rights, and no third party shall have any right or standing to claim benefit or bring an action to enforce this Agreement.
19. EU Online Dispute Resolution
If you are an EU Consumer, you can access the European Commission's online dispute resolution platform here. Please note that DIY Websites is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with you.
We may modify this Agreement from time to time and post the most current version on our site. If a modification meaningfully reduces your rights, we'll notify you (by, for example, sending you an email or displaying a prominent notice within the Services). The notice will designate a reasonable period after which the new terms will take effect. Modifications will not apply retroactively. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Agreement and price changes. If you disagree with our changes, you must stop using the Services and cancel all Paid Services.
21. Events Beyond Our Control
We are not in breach of this Agreement or liable to you if there is any total or partial failure of the Services' performance resulting from any act, circumstance, event, or matter beyond our reasonable control. This may include where such results from any act of God, fire, act of government or state or regulation, war, civil commotion, terrorism, insurrection, inability to communicate with third parties for whatever reason, failure of any computer dealing or necessary system, failure or delay in transmission of communications, failure of any internet service provider, strike, industrial action or lock-out or any other reason beyond our reasonable control.