Acceptance of terms
. You agree to accept all the terms of this agreement unconditionally and any further amendments by signing up to this service.
Description of service
. Websemble is a website creation, hosting & management tool that runs in a web browser.
. You understand and agree that it is currently in BETA stage of development and can from time to time become temporarily unavailable & have software bugs and may not operate as intended or designed. You understand and agree that websemble can and will be modified at various times with notice given to you at the sole discretion of websemble.
You may be required to install additional software to make websemble function correctly. For example the Adobe flash browser plugin.
To access the Websemble service you must have a valid Websemble user ID which is comprised of valid login credentials and a valid email address that we can contact you with. You may not sign up to the Websemble service with an invalid email address. You are responsible to maintain the confidentiality of your login credentials. In order to maintain eligibility you agree and acknowledge to maintain a valid email address that you can be contacted with and enter that email address into your user profile.
Cancellation and Termination
You may cancel your paid account at any time and you agree and acknowledge your account functionality and capacity will be reduced back to the limitations of the free account. If you wish to cancel your free account you can contact us through the contact us
page. You also agree that your account may be cancelled if you breach any terms of this agreement without notice and you understand that you may lose all your data.
All content is the sole responsibility of the person from which the content originated. You have sole responsibility for content that you upload, post or transmit or otherwise store or make available through websemble and you are entirely responsible for the accuracy, integrity or quality of such content. Websemble and it's directors, associates and employees are not responsible for, nor claim ownership of any of your content. By submitting content and files to the Websemble service for whatever purpose you grant Websemble a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content solely for the purpose of displaying, distributing and promoting your website on Websemble's internet properties. This licence exists only for as long as you continue to be a Websemble customer and shall be terminated at the time your account is terminated.
You understand and acknowledge that Websemble has the right at it's sole discretion to remove (or not remove) any content that it deems objectionable or not complying with its terms of service to be stored or displayed using the Websemble service without notice given to you at the sole discretion of Websemble.
You understand and acknowledge that Websemble may at it's sole discretion preserve content in compliance with the law or in good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Websemble, its users and the public.
You understand that your content will be transmitted across various networks in keeping with the normal function of the internet and may require changes to confirm and adapt to technical requirements of connecting networks or devices.
You agree that you will not:
(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a Websemble official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
(g) upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (a) sending mass email to recipients who haven't requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;
(h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(j) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated or any rules of any national or other securities exchange, and any regulations having the force of law;
(k) "stalk" or otherwise harass another;
(l) promote or provide instructional information about illegal activities of any kind, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
(m) offer for sale or sell any item, good or service that (a) violates any applicable federal, state, or local law or regulation, (b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorisations, or (c) Websemble determines, in its sole discretion, is inappropriate for sale through the Service provided by Websemble;
(n) use the Service as a forwarding service to another website;
(o) solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
(p) exceed the scope of the Service that you have signed up for; for example, accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other peoples comments or content;
(q) make any automated use of the system;
(r) any pornographic material of any kind including but not limited to photos of naked people, videos, or text content or links to any such content;
(s) any non educational material related to gambling, running gambling services or promoting such sites by using a Websemble website to drive traffic to gambling sites.
If any user is reported to be in violation with the letter or spirit of these terms, Websemble retains the right to terminate such an account or remove the offending website or files, or contant at any time without further warning at it's sole discretion.
You are responsible for maintaining the security of your account and website and you are fully responsible for any activities that occur under your account. You agree to notify Websemble immediately in writing of any unauthorised uses of your account or websites under your account. You agree that under no circumstances will Websemble and it's directors, associates and employees be liable for any security breach of your account of websites that results in any loss or damage from your failure to comply with this security obligation or any acts or omissions by an account holder or a guest, including any damage of any kind.
Certain features require you to have a paid account. If you fail to meet your payment obligations your account will be downgraded and you may lose file data and you will lose access to any purchased extras and features.
Money back guarantee
Websemble will refund any monies paid in relation to purchasing a paid account within 30 days of the initial sign up to the service, not within 30 days of purchasing the paid account. Websemble will not refund money paid for any extras associated with the paid account, including but not limited to (a) domain names; (b) SSL certificates; (c) Themes or; (d) services provided by third parties.
You agree and acknowledge to the following: (a) that Websemble will display advertising content on your website pages when you hold a free account; (b)Websemble is not responsible for the suitability of the advertising and any conflicts it may cause with your website content or business purpose; (c) that you hold Websemble and it's directors, associates and employees or advertisers not liable for any losses or damage incurred for any reason in relation to the advertising that might appear on your websites.
Continuity of service
Websemble may experience service disruption (temporary or permanent) of our service including but not limited to account holders websites. You agree and understand that using websemble is at your sole risk. We provide no guarantee or warranties of continuity of service or fitness of websemble for a particular purpose and you will hold Websemble and it's directors, associates and employees not liable for any losses or damages incurred for any reason.
Email is provided as a courtesy only and websemble makes no guarantee that it will work without interuption. Websemble does not guarantee that you will not receive unsolicited email, like but not limited to spam. You agree that you will not send spam or emails with illegal content through websemble email services or your account may be terminated without notice.
Domain names and name servers
Whilst every care is taken, Websemble gives no guarantee that your domain name or websemble name servers will be available or will continue to work uninterupted.
Changes to this agreement
You agree and acknowledge that this agreement will change from time to time without notice and you agree to be bound by the new terms by continuing to use the service after the changes are made.
This agreement will be governed by the laws of the state of Queensland, Australia and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Brisbane, Queensland, Australia.