Terms of Service Privacy Policy Developer Terms Anti-Spam Policy

Terms of Service

Last updated: July 31, 2013
Welcome to Webs (formerly Freewebs)

The services offered by Vistaprint Netherlands B.V., which is affiliated with Webs ("Webs" or "us" or "we" or "our") include the websites at http://www.webs.com and http://www.freewebs.com as well as any other related websites, toolbars, widgets, or other distribution channels we may, from time to time, operate (collectively, "the Sites") and any other features, content, services or applications offered, from time to time, by us, or by third party Paid Service providers (collectively, the "Services").

This agreement (the "Terms of Service" or "Agreement") sets forth legally binding terms for your use of the Services. By using the Services, you agree to be bound by these Terms of Service, whether you are a "Website Creator" (which means that you have registered to utilize our tools to build a website ("Website")), a "Member" (which means that you have registered on one of the Sites hosted Websites), a "Visitor" (which means that you are visiting the Sites or any hosted Website), or an "Application Developer" (which means that you have been approved to build or deploy your application or anything else that receives data (an "Application") on the Sites). The term "User" refers to a Visitor or a Member or a Website Creator. By browsing or registering with, creating or using any Website, Application or Service on the Sites you are agreeing to these Terms of Service, and these Terms of Service along with any other guidelines we may post from time to time, such as our Privacy Policy and Application Developer Terms (collectively, the "Guidelines") will govern your use of the Services. If you do not agree to these Terms of Service or any of the Guidelines, you must cease use of the Services.

You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service. If you are using or creating a Website or Application on or through the Sites as a representative of a company or legal entity, (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms "you" and "your" in this Agreement refers to your company or legal entity.

1. Eligibility

Use of and Membership in the Services is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age and older; and (d) your use of the Services does not violate any applicable law or regulation. Your account and Website (if applicable) may be deleted and your Membership may be terminated without warning, if we suspect that you are under 13 years of age.

2. Password

By becoming a Member or Website Creator you will also be asked to choose a password for your account. You are solely responsible for maintaining the confidentiality of your password, and fully responsible for all activities that occur under your account. You agree not to use the account, username or password of another User at any time or to disclose your password to any third party or do anything else that might jeopardize the security of your account. You agree to notify us immediately of any unauthorized use of your password or account or any breach of security and understand that we reserve the right to take legal actions against individuals who misuse accounts and memberships on the Sites.

3. Fees

Our basic website building and hosting solution is offered to you free of charge. Our free solution is supported by advertising. You will also have the opportunity to upgrade your account and purchase optional Premium Services and additional features as may be made available by us, Applications, our affiliates or business partners from time to time. When you do so, the seller of these services and the party with whom you are contracting is Vistaprint Netherlands B.V. See sections 11-16 below for specific terms relating to our paid services and payment terms.

4. Website Content Control and User Data

You control the Websites you create using our Services and Webs does not claim any ownership rights in any text, files, images, photos, videos, sounds, musical works, comments, recommendations, forums, listings, logos, trademarks, postings, messages, tags, works of authorship, or any other work or authorship added to or submitted with any of the foregoing (collectively, "Content") posted by you or by Visitors or Members of your Websites. Therefore, Webs takes no responsibility for any Content located in your Website and Webs has no obligation to monitor such Content or your Website. You are therefore responsible for the removal of any such Content that is in violation of these Terms of Service and ensuring compliance with these Terms of Service.

By visiting or becoming a Member of a Website created using our Services, you agree that the Content and information you provide during the registration process (including your email address) and other interactions with the Website may be accessed by the Website Creator and their authorized representatives and administrators, as well as any Application Developer whose Applications run on that Website. Similarly, by adding or using an Application or a service provided by one of our affiliates or business partners, you agree that the Content and information you or your Website Visitors or Members provide in the interactions with your Website as well as that Application or service may be accessed by the respective Application Developer, affiliate or business partner and their authorized representatives. We require Website Creators, Application Developers, affiliates and business partners to respect your privacy settings and our Privacy Policy, but your agreement with that Website, Application, affiliate or business partner will control how they can use the Content and information shared with them. Be sure to understand the privacy settings, terms and privacy policies of that Website, Application or service prior to your interactions. Note that Webs cannot guarantee that such third parties will comply with their contractual requirements, and Webs does not assume any liability or responsibility for any third party's actions, or for enforcing any agreements such third parties may enter into with your or with us.

As a Website Creator, you and your authorized representatives and administrators will have access to the email address of the Members of your Website, along with certain information, Content and data provided or collected during their registration and use of your Website ("Website Member Data"). Webs may also provide you with access to certain Visitor data that we collect as part of our Services (collectively with Website Member Data and other data you collect, "User Data"). You agree to have a privacy policy or otherwise make it clear to your Visitors and Members what User Data you are going to use and how you will use, display or share that data. You further agree that, as between you and Webs, subject to this Agreement and each User's rights, (i) Webs owns all right, title and interest, including all intellectual property rights, in and to the User Data collected by us, and (ii) you own all right, title and interest, including all intellectual property rights, in and to the User Data collected by you. Notwithstanding the foregoing, in order for Webs to run your Website on the Sites, you hereby grant Webs a nonexclusive, worldwide, perpetual, irrevocable, transferable, sub-licensable, fully paid-up, royalty-free right and license to (i) use, reproduce, store, modify, create derivative works of, distribute, publicly perform and display the User Data on or through the Sites and in all current and future media in which the Services may be distributed; (ii) use and disclose the User Data and related metrics in an aggregate or other non-personally identifiable manner (including, for use in targeting advertising in a non-personally identifiable manner through and in connection with the Sites); and (iii) use User Data for other purposes permitted by the Webs Privacy Policy.

5. Your Obligation to Protect User Data

If you collect or have been provided access to User Data, you hereby agree not to use, display or share User Data in a manner inconsistent with the User's privacy settings, our Terms of Service and Guidelines, and all applicable laws and regulations. You hereby further agree that your use and disclosure of User Data shall be reasonably protective of each User's rights and in no event shall you observe standards of privacy and confidentiality in connection with the use and disclosure of User Data that are less stringent than the standards set forth in our Privacy Policy. You agree to promptly delete all User Data (i) relating to any User who de-authorizes, disconnects or otherwise disassociates from your Website, Application or service, (ii) if we disable your Website, Application or service, or (iii) upon request by us or the User. Webs is not required to keep back-up copies of User Data on the Sites once the Website or User Data is deleted. Webs makes no guarantee that User Data will be safely stored on the Sites. To be safe, you should independently back-up User Data, to the extent permitted herein and applicable laws and regulations. You acknowledge that Webs may terminate the account of any User (including Members of your Website(s) or users of your Application) in accordance with this Agreement.

6. Proprietary Rights to Content

By displaying or publishing ("posting") any Content on or through the Services, you hereby grant to Webs a limited license to use, modify, publicly perform, publicly display, publish, reproduce, distribute, list information regarding, edit, translate, and make derivative works of such Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use solely in connection with the Services.

Without this license, Webs would be unable to provide the Services. The license you grant to Webs is non-exclusive (meaning you are free to license your Content to anyone else in addition to Webs), fully-paid and royalty-free (meaning that Webs is not required to pay you for the use on the Services of the Content that you post), transferable and sub-licensable (so that Webs is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Services), and worldwide (because the Internet and the Services are global in reach). Unless you have shared your Content with others, and they have not deleted it, this license will terminate at the time you remove your Content from the Services, but you understand and agree that your Content may continue to appear on the Sites or Websites after you remove it from the Services as portion of your Content may remain on pages cached by third parties, incorporated into RSS feeds, User profiles or other features, or archived on servers. Furthermore, when you publish any Content or information using the "everyone" or "public" settings, it means that everyone, including people off of the Sites, will have access to that information and we may not have control over what they do with it.

When you post any Content on a Website, you provide the Website Creator, other Members of that Website or the public in general with permission to view and use your Content depending on the Website's privacy settings and policies. Be sure to understand that Website's privacy settings and policies prior to posting your Content.

You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Services.

If a Website is removed from the Sites, the Content associated with that Website may also be deleted at the discretion of the Website Creator or Webs. We encourage you to be sure you are comfortable with this possibility before contributing your Content to a Website. You should be aware that Webs is not required and may not keep back-up copies of Content (including your Content) on the Sites once the Website or Content is deleted. Additionally, Webs makes no guarantee, either during or after the term of this Agreement, that your Content will be safely stored on the Sites and you should independently back-up your Content.

The Webs Services contain proprietary content that is protected by copyright, trademark, patent, trade secret and other laws in the United States and around the world (the "Webs Content"). Webs owns and retains all rights in the Webs Content and the Services. Webs hereby grants you a limited, freely revocable, non-sublicensable license to reproduce and display the Webs Content (excluding any software code) solely for your personal use in connection with using the Services. As between you and the Sites, all the intellectual property rights in the Webs technology, which does not include your Content, are owned by Webs or its licensors.

The Webs Services contain Content of Users and other Webs licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, archive, transmit, distribute, perform, display, decompile, reverse engineer, attempt to access the source code, create derivative works from, rent or sell any Content appearing on or through the Services without permission of the Content owner.

We always appreciate your feedback or other suggestions you may have about Webs, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

7. Content Posted

Please choose carefully the content you post on any Website and that you provide to other Users. You may not use the Services to post, disseminate or communicate any obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, content communicated by other Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Webs assumes no responsibility or liability for this material. If you become aware of misuse of the Services, please contact us by using this form.

Without assuming any obligation to do so, Webs may delete any Content or suspend any Website or account associated with it, that in the sole judgment of Webs violates this Agreement or that may be offensive or illegal, or violate the rights, harm, or threaten the safety of any person. Webs assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If, at any time, Webs chooses, in its sole discretion, to monitor the Services, Webs nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other Users and for your interactions with other Users. Webs does not endorse and has no control over the Content. Content is not necessarily reviewed by Webs prior to posting and does not necessarily reflect the opinions or policies of Webs. Webs makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to, or receive from, other Users.

8. Content/Activity Prohibited

The following is a partial list of the kind of Content and activity that is prohibited on any Website and through the use of the Services. Webs reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, with or without prior notice, and without liability if we believe you are in violation of this provision. Webs further reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting it to, and cooperating fully with, law enforcement authorities. Prohibited Content and activity includes, but is not limited to, Content or activity that in the sole discretion of Webs:

  • may constitute or contribute to a crime or tort;
  • is illegal, misleading, harmful, malicious, hateful, threatening, bullying, harassing, discriminatory, invasive of personal privacy or publicity rights, humiliating to other people (publicly or otherwise), libelous, pornographic, or that contains nudity or graphic or gratuitous violence;
  • communicates any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or otherwise infringes or violates someone else's rights;
  • involves sending or otherwise posting unauthorized commercial communication (such as spam);
  • engages in unlawful multi-level marketing, such as a pyramid scheme;
  • solicits login information or accessing an account belonging to someone else;
  • solicits or posts personal identifying information from other Users, or knowingly collects any information from minors under the age of 13;
  • obscures the advertisements we serve on your Website;
  • makes automated use of the system, such as using scripts, bots, spiders or scrapers, to send messages, log into accounts, or collect Users' Content or information;
  • interferes with, disrupts, impairs or creates an undue burden on the Services or the networks or services connected to the Services;
  • attempts to impersonate another person or entity, including, but not limited to, a Member or Webs official, to falsely state or otherwise misrepresent your affiliation with a person or entity;
  • provides false personal information on the Sites, or creates an account for anyone other than yourself without permission;
  • involves selling or otherwise transferring your account without our prior permission;
  • creates and maintains a Website that (i) redirects to another web page or (ii) stores or hosts content for remote loading by other web pages;
  • uploads viruses or other malicious code;
  • uses the Services to hyperlink to content not permitted on the Sites;
  • facilitates or encourages any violation of these Terms of Service.
9. Anti-SPAM

What is webspam?

Webspam consists of web pages that are created with the intent of manipulating search engines algorithms for the purpose of unnaturally ranking a website or websites for specific keywords or search terms, often with the aim of monetary gain.

Webs takes spam and webspam seriously and will not tolerate spam or webspam in any of its forms. The following practices are NOT ALLOWED and are violations of Webs Terms of Service (ToS) agreement:

Content Spam: Webs does not allow the populating of user sites or web pages with popular and monetizable search terms.
Link Spam: Webs does not allow the creation of links to a page solely or primarily in order to increase its link-based score.
Automatically/Programmatically Generated Content: Webs does not allow content that has been generated programmatically. Programmatic content consists of paragraphs of random text that makes no sense to the reader, but which may contain search keywords.
Keyword stuffing: Webs does not allow the promotion of sites that use keyword stuffing, a technique where web pages are loaded with keywords to inflate the site's ranking.
Cloaking: Webs does not allow the promotion of sites that use cloaking, a technique where different content is served to search engines than to users.
Sneaky JavaScript redirects: Webs does not allow the promotion of sites that use sneaky Javascript redirects. Sneaky redirects are designed to deceive search engines or to display different content to human users than to search engines. It's a violation of Webs Terms of Service agreement to use JavaScript, a meta refresh, or other technologies to redirect a user to a different page with the intent to show the user a different page than a search engine crawler sees.
Doorway pages: Webs does not allow the promotion of web pages that are created solely to rank high in search engine results for particular phrases, with the purpose of then sending users to a different page. In many cases, doorway pages are written to rank for a particular phrase and then funnel users to a single destination.
Trademark Content: Webs does not allow the use of others' trademarks in the name, domain, subdomain or in linked headers of your website.
Hidden text or links: Webs does not allow hiding text or links in your content to manipulate search engine rankings. This is considered deceptive and is a violation of Webs Terms of Service agreement.
Link Schemes: Webs does not allow any links intended to manipulate a site's ranking in a search results page. User sites employing this tactic will be considered part of a link scheme and will be suspended. This includes any behavior that manipulates links to your site, or outgoing links from your site. Manipulating these links may affect the quality of search results, and as such is a violation of the Webs Terms of Service agreement.

When you sign up for a Webs account, you agree not to use the account to send spam, distribute viruses, or otherwise abuse the service. All users of Webs products, apps and services are subject to these agreements, which are part of the Webs Terms of Service agreement.

If Webs identifies a user who is violating this agreement, we reserve the right to immediately suspend the user. If the problem persists, we reserve the right to suspend the entire account and deny access to all the Webs products, apps and services. In such cases, we send a notification to the registered secondary email address for the website administrator.

If you identify a Webs user who is violating these agreements, you can report the abuse to Webs through our Report Abuse section.

10. Webs Marks; Templates

Webs trademarks, logos, service marks, images, trade names and other distinctive branding features used in connection with the Services are the trademarks of Webs and may not be used without permission. Other trademarks that may appear on our Services are the property of their respective owners. Webs reserves the right to include within your Website applicable Webs copyright and trademark notices for Webs and links to our Terms of Service, Privacy Policy and other Guidelines. All notices and links will be displayed consistently in such form and placement as determined by Webs. For purposes of this Agreement, all templates offered by Webs are copyrighted material and are considered part of the Sites. Such templates are offered for use to Webs users under a limited license only, and are not offered for sale or unbridled use. Such license limits use of Webs templates to Websites hosted by Webs. Webs templates may not be transferred to or hosted on another web host or Internet Service Provider.

11. User Support

As a Website Creator, you are responsible for implementing and maintaining all support for your Website(s), including answering questions from your Members and Visitors. If you are a Website Creator and have any question with regards to your account, please visit our Support Center for answers to common questions or visit this page to contact a member of our support team.

12. Premium Service

Today, our Premium Services include various options for our Website Creators such as removing ads from your site, using your own domain name, removing Webs promotional links or images, and the addition of storage space and bandwidth. Current categories and prices of our Premium Services are described here. All prices are subject to change from time to time. Webs may choose to temporarily change the fees for the Premium Services for promotional or new services, and such changes are immediately effective when Webs posts the temporary promotional event or new service on the Sites. Any changes to fees for Premium Services that are not temporary or promotional will be effective thirty (30) days after we provide you with notice by posting such changes on the Sites. The changes shall only apply prospectively to the Premium Services you've purchased. Unless otherwise stated, all fees are quoted in U.S. Dollars.

13. Other Paid Services

In addition to Premium Services, as a Website Creator you may purchase other paid services (collectively with Premium Services and Advanced Premium Services, the "Paid Services") which may be provided as a one-time transaction or recurring subscription in connection with an Application or as additional services. Such Paid Services may be provided solely by us or in collaboration with Application Developers, affiliates or business partners. You may be presented with additional terms related to a specific purchase before you confirm such transaction. Those additional terms will also govern that transaction.

Please note that if you enter into a transaction with a third-party, such as by purchasing an item through a Website hosted on the Sites, and have a dispute over the goods or services you purchased we have no liability for such goods or services. Although we may intervene in disputes between Users concerning payments, we have no obligation to do so.

14. Payments

You are responsible for paying all fees and applicable taxes associated with the Paid Services in a timely manner with a valid payment method. You authorize Webs to charge your credit card, charge card, debit card, PayPal, or financial institution account (herein "Payment Method") for all charges to your accounts with Webs. When you provide a Payment Method to us, you confirm that you are permitted to use that Payment Method. You also authorize us to collect and store it, along with other related transaction information. When you make a purchase, you authorize us (and our designated payment processor) to charge the full amount to the Payment Method you designate for the transaction. For Premium Services, we only offer recurring payments; therefore, you agree that Webs may automatically charge the fee to your Payment Method at the beginning of each recurring period. For example, if you choose a Premium Service with a monthly plan, you will be billed every month on the anniversary date of the date you clicked the "Purchase" button. Additionally, we may offer a pre-pay payment option for payment of Premium Services ("Pre-Payment Plan"). If you opt for a Pre-Payment Plan, your Payment Method will be charged the then-current fee for that Premium Service at the commencement of each renewal period. To help insure continuity of services and as a courtesy for members, if your renewal comes up after the date of expiration on your credit card, we will automatically update the date before attempting a renewal.

You acknowledge and agree that any credit card and related billing and payment information that you provide to Webs may be shared by Webs with third parties, such as payment processors and/or credit agencies, solely for the purpose of checking credit, effecting payment to Webs and servicing your account.

If you pay by credit or debit card we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available. If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee. You agree to pay Webs all charges incurred under your account for any Paid Service in which you or anyone else who uses your account (including children, family and friends) enroll in accordance with this Agreement and any applicable Paid Services terms. If your Payment Method fails or your account is past due, (a) you agree to pay all amounts due on your account upon demand and reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted, (b) Webs may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (c) Webs reserves the right to either suspend or terminate your Premium Services or your account with Webs, including deletion of your Website from the Sites. Except as may be set forth herein, any fees charged to your account are non-refundable. You agree to submit any disputes regarding any charge to your account in writing to Webs within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.

15. Taxes

You are responsible for paying any governmental taxes imposed on your use of the Sites, including, but not limited to, sales, use, or value added taxes. If requested, you will promptly furnish to Webs the applicable receipts and/or certificates regarding such remittances as soon as reasonably practicable. To the extent that Webs is obligated to collect such taxes, the applicable tax will be added to your billing account.

16. Money-Back Guarantee

Premium Services include a 30-day money-back guarantee. If you are dissatisfied with your service for any reason, you will receive a full refund (minus domain name registration fee and overage charges) if you cancel your paid services within 30 days of the activation of your account. The 30-day money-back guarantee does NOT apply to domain name registration or other Paid Services. Once you purchase your domain name, you are its owner and it cannot be "returned."

17. Webs Credits; Credit Shop

You may purchase or earn credits on the Sites ("Webs Credits") that you may redeem to receive various goods and services through our online credit shop ("Credit Shop"). Even though we may use terms like "purchase," "buy," "sell," and "order" to talk about transactions related to Webs Credits, we don't transfer an ownership interest in those items. Instead, those credits are licensed to you. Therefore, when you purchase or receive credits, you do not own the credits; rather, you receive a limited right to use such credits in connection with certain features and services on the Sites, such as the purchase of additional storage. Please note that purchases of Webs Credits are non-refundable, and you may not transfer or sell your Webs Credits to anyone. We may change the purchase price for Webs Credits at any time as well as the way that you can use or transfer the credits. We also reserve the right to stop issuing Webs Credits. Webs Credits are not redeemable for any sum of money or monetary value from us unless we agree otherwise in writing. If you leave a balance of Webs Credits unused for prolonged period of time, we may redeem those credits by giving you item(s) from the Credit Shop in equal value. If your account is cancelled or disabled, you will lose any accumulated credits.

18. Advertising on Websites

Unless you subscribe to a Premium Service (including domain purchases), we have the right to sell, run and/or serve third-party advertising on your Website. If you are a Website Creator, you may place any advertising on your Website other than Google AdSense. If you pay the Premium Service fees to remove our advertising, however, you may then place Google AdSense advertising on your Website. Webs may establish general policies and guidelines surrounding the running of your own ads ("Advertising Policies"). When adopted, any such Advertising Policies will be linked to, and incorporated by reference into, this Agreement and are subject to change from time to time. YOU AGREE THAT WEBS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON YOUR WEBSITE. Webs reserves the right to include promotional links on Your Website(s) at no cost to Webs, unless you pay the applicable Premium Service fees to remove promotional links. Removal of promotional links does not include removal of required Webs legal notices and links to Webs Terms of Service, Privacy Policy and Guidelines or any statement indicating that Webs uses Webs ID for authentication upon sign in by your Website Members.

19. Webs Platform Policies

Webs reserves the right to disable or deactivate Member accounts that are inactive for more than 90 days. In the future, we may limit the number of free Websites a Website Creator can create and may impose different bandwidth, storage or other usage restrictions than currently offered. In addition:

  • You may not use profanity or others' trademarks in the name, domain or subdomain of your Website.
  • In order to run Google AdSense advertisements and/or remove advertisements or promotional content served by us on your Website, you must purchase a Premium Service.
  • You may not edit or remove the Webs link at the bottom of your Website unless you purchase a Premium Service.
  • You may not do anything to remove, hide, or alter the appearance of advertising served on your Website by Webs.
  • The Webs ID link may not be edited and must be available in the Sign in and Sign up pages of your Website.
  • The Webs Terms of Service may not be edited and must be available in the Sign Up page of your Website.
20. Copyright Infringement

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). In addition, we will promptly terminate without notice the Membership privileges of those determined by us to be repeat infringers. If you are a copyright owner and you believe that any content hosted on the Sites infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on our Services, such as by providing us the URLs to the content;
  • your address, telephone number, and email address;
  • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

The fastest way to reach our Copyright Agent for notices of claims of copyright infringement is by submitting this Automated DMCA form. If you prefer, you can also send a DMCA notice to our Copyright Agent at the following address: Webs, Attention: Copyright Agent, 1100 Wayne Avenue, Suite 801, Silver Spring, MD 20910.

As a Website Creator, you agree to have a policy for removing infringing Content and terminating repeat infringers that complies with the DMCA. In addition, you agree to promptly (and in any event in no later than 24 hours) address any copyright owner's written notice (including any notices forwarded to you by Webs) that specified Content posted on a Website that you control infringes that third-party's rights (including copyrights), provided that the notice substantially complies with the requirements in the DMCA. If you receive a counter-notice from the applicable User instructing you to replace the allegedly infringing Content, you agree to promptly comply with it to the extent required by law and to forward a copy of it to Webs. Webs may remove any allegedly infringing Content without any liability to you or to the User that posted such Content. In all such matters, we strongly recommend that you consult your attorney to confirm your obligations under the DMCA and other applicable laws. You are solely responsible and liable for complying with all applicable laws in connection with your Website.

21. Your Website Subdomains

When you create Your Website, Webs gives you the flexibility to choose your own subdomain for Your Website (e.g.," developer" in the example: http://developer.webs.com) (" Website Subdomain"). Webs maintains ownership of your Website Subdomain and grants you a limited, non-exclusive, non-sublicensable, non-transferable, freely revocable, license solely to use the Website Subdomain on the Sites. The Website Subdomain you choose for your Website and your account are non-transferable. You will be solely responsible and liable for any activity that occurs under your Website Subdomain and account. At any time, however, you may upgrade your account to purchase your own custom domain name.

22. Webs Communications

It is our policy to provide notifications, whether such notifications are required by law or are for Service related purposes, to you via email or, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Webs in its sole discretion. By providing Webs your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as updates, user communications, newsletters, changes to features of the Service, or Webs offers. If you do not want to receive certain email messages, you may opt out by contacting our support team. Opting out may prevent you from receiving valuable messages regarding updates, improvements, offers, or communications from other Users. Webs reserves the right to send you notices about your account even if you opt out of all voluntary email notifications.

23. Third Party Content and Interaction; Third Party Sites

You agree to comply with the license and restrictions applicable to each item of Content you post, copy, access, or use. You understand that by using the Sites you may be exposed to Content that is offensive, objectionable, or indecent, and that you use the Sites at your own risk. Content from other Users or third parties is made available to you through Websites and the Sites. The inclusion of any such Content on the Sites does not imply our affiliation or endorsement of such Content. Because Webs does not control such Content, you agree that Webs is not responsible for any such Content, including without limitation, any advertising and information about third-party products or services, or the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of any such Content. Your interactions with other Users and third parties on the Sites, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the User or third party as applicable. Like with any web-based interaction, we suggest that you use caution and good judgment. You agree that Webs is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User's or third party's use or disclosure of your personal information. If there is a dispute between you and any third party (including any User), Webs is under no obligation to become involved. You release Webs, its officers, directors, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other Users and third parties. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." And, if you are not a California resident, you waive any applicable state statutes of a similar effect.

Additionally, Webs, Website Creators, Users or third parties may provide hyperlinks on the Sites or Websites, or any other form of link or redirection of your connection to other sites ("Third Party Sites"). Links to these Third Party Sites are provided solely for your convenience and in no way does the inclusion of any link on the Sites or any Website imply our affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. Webs expressly disclaims responsibility for the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through the Sites. ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.

24. Privacy of Your Information

We care about the privacy of our Users. Click here to view our Privacy Policy. Your information may be stored and processed in any country in which Webs and its service providers maintain facilities, including outside of the EU. In this regard, or for purposes of sharing or disclosing data in accordance with this Agreement, Webs reserves the right to transfer information outside of your country. By using the Services, you consent to any such transfer of information outside of your country.

25. Indemnity

You agree to indemnify, defend, and hold harmless Vistaprint Netherlands B.V., its subsidiaries, and affiliates ("Vistaprint"), and their respective officers, agents, co-branders or other partners, employees, and third party Paid Service providers from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to

  • any Content you submit, post, transmit, or make available through the Sites;
  • your use or misuse of the Services;
  • your connection to the Services;
  • your breach or alleged breach of this Agreement; or
  • your violation of any rights (including intellectual property rights) of a third party.

Webs reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Webs. Webs will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

26. Disclaimer of Warranties

YOUR USE OF THE SITES, AND ALL WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SITES, AND ALL WEBSITE CODE, PLATFORM CODE, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VISTAPRINT AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.

VISTAPRINT AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT THE SITES, OR ANY WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, OR CONTENT (INCLUDING THIRD PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES, OR THE SERVER THAT MAKES THE SITES, AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VISTAPRINT MAKES NO GUARANTEE REGARDING (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON THE SITES, OR YOUR WEBSITE; (B) THE VOLUME AND QUALITY OF ANY TRAFFIC TO YOUR WEBSITE; OR (C) THE COMPATIBILITY OF YOUR CODE OR ANY OTHER CODE WITH ANY WEBS TECHNOLOGY.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, AND ALL WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WEBS OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE SITES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

VISTAPRINT IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OR APPLICATION DEVELOPER ON THE SITES, PLATFORM, APPLICATIONS OR WEBSITES.

27. Limitation of Liability

YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL VISTAPRINT OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR (A) ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUE, BUSINESS OR PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WEBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE SERVICES, ANY WEBSITE OR PLATFORM; OR (B) ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR ANY OF OUR GUIDELINES (IN THE AGGREGATE FOR ALL POTENTIAL CLAIMS BY YOU) IN EXCESS OF THE GREATER OF (i) $100 AND (ii) THE TOTAL AMOUNTS PAID TO WEBS BY YOU IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN VISTAPRINT (INCLUDING APPLICATION DEVELOPERS) AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITES OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

28. Changes to Webs Services

Webs reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Webs Services or any part thereof with or without notice. Webs will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

29. Amendments

We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version on www.webs.com or elsewhere on the Sites. The revised version will be effective at the time we post it. Please check this Agreement and any Guidelines periodically for changes. Your continued use of the Sites or any Website after posting of the changes constitutes your binding acceptance of such changes. We last modified this Agreement on the date stated above. However, if the revised version includes a material change, it will be effective for an existing User on the earlier of (a) the date you accept it, and (b) 30 days after the material changes are initially posted to www.webs.com or elsewhere on the Sites. The revised version will apply to you immediately if you are a User who registers or first uses the Sites on or after the posting of the revised version.

30. Term and Termination

This Agreement shall remain in full force and effect unless and until your account is terminated as provided herein. You may terminate your account and end your use of the Sites at any time and for any or no reason. Webs has the right (at its sole discretion) for any reason to (i) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Sites or any Website, (ii) remove and discard any Content within any Website or anywhere on the Sites or (iii) shut down a Website, with or without notice, and with no liability of any kind to you.

If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law.

31. Effects of Terminating

Upon deactivating your account, this Agreement terminates and your access rights to the Sites and any Websites immediately cease to exist. For Content you wish to delete from the Sites, you can delete it by going to each of the Websites to which you've contributed. Webs is not responsible for deleting Content on your behalf and Webs will not have any obligation to assist you in migrating your data or your Website(s) off of the Sites. Note that, even if Content is deleted from Webs' active servers, it may remain in our archives (although we have no obligation to archive or back-up your Content). Webs will have no obligation to refund any fees paid for Paid Services.

32. Survival

The provisions under the following sections will survive termination of this Agreement for any reason: Sections 2, 4-9, 11-20, 22-26, 29-34.

33. Law and Arbitration

This Agreement shall be governed by the laws of the State of Maryland without giving effect to any principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state courts and federal courts located within the State of Maryland for the purpose of litigating all such claims or disputes Any claim or dispute in connection with this Agreement shall be resolved in a cost effective manner through binding non-appearance-based arbitration and has to be initiated within thirty (30) days after it arises, or the cause of action is barred. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.

34. United States Export Controls

You agree to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. Specifically, you agree that you shall not -- directly or indirectly -- sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such software or technology) received from Webs under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. You agree to indemnify, to the fullest extent permitted by law, Webs from and against any fines or penalties that may arise as a result of your breach of this provision. This export control clause shall survive termination or cancellation of this Agreement.

35. General

You agree to comply with all policies applicable to Webs and the Sites, and those of our third party Paid Service providers, which policies are either posted on the Sites or provided to you by a link in these Terms of Service. In addition, you agree to comply with all applicable laws. The failure of Webs to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. Your accounts are non-transferable. The parties are independent contractors with respect to each other. You may not delegate your duties under this Agreement or assign this Agreement, in whole or in part. Webs may assign this Agreement in whole or in part in its sole discretion without your consent and without notice. Any unauthorized use of any Webs computer system is a violation of this Agreement and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. Section 1030, et seq.), Sections 3-805 and 3-805.1 of the Maryland Criminal Law Code and Sections 14-3001, 14-3002 and 14-3003 of the Maryland Commercial Law Code. Such violations may subject you and your agents to civil and criminal penalties. This Agreement, including links to any third party Paid Service provider terms and conditions, constitutes the entire agreement between you and Webs and governs your use of the Sites, superseding any prior agreements (whether written or oral) between you and Webs regarding the subject matter hereof. The other Users of the Sites are intended third party beneficiaries of your obligations under this Agreement. A party will not be liable for non-performance or delay in performance (other than of obligations regarding payment of money) caused by any event reasonably beyond the control of such party including, but not limited to wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo, or any "act of God". Nothing in this Agreement shall prevent us from complying with the law and applicable regulations.

Privacy Policy

Last updated: February 19, 2010

Webs is a website building and hosting service provided at http://www.webs.com and http://www.freewebs.com and its directly associated domains, widgets, tools, services and applications that are operated by Webs (collectively, "Webs" or "Services"). Your privacy on the Internet is very important to us. We strive to make your online experience satisfying and safe.

This "Privacy Policy" explains what information we gather from our users and how we use it. By using or accessing our Services, you are accepting the practices described in this Privacy Policy. (Capitalized terms not defined herein have the meaning set forth in our Terms of Service).

Webs is not intended for children under 13 years of age. Consistent with the Federal Children's Online Privacy Protection Act of 1998 ("COPPA"), we will never knowingly gather or use personally identifiable information from anyone under the age of 13, and we do not allow anyone under the age of 13 to register on Webs.

What information does Webs gather?

Webs gathers and stores three types of information about users that are subject to our Privacy Policy:


  • Information users provide to us:
    These are voluntary submissions made when creating an account on Webs or through your use of the Services, such as your name, date of birth, location and email address provided during registration, Content posted, or payment information provided during purchases. Please understand that when you sign into Webs or post Content, your information is not anonymous to us.
  • Information we collect when you interact with Webs:
    We keep track of the actions you take on Webs, such as adding a friend, adding an application, or posting Content. Also, when you access our Services, we may collect information about your access method (such as hardware and software attributes), location, IP address, and pages you visit. In addition, we store certain information from your browser using "cookies". (For more on cookies, please see the section "What are cookies?")
  • Information we receive from third parties:
    We do not own or operate the third-party applications, user websites and other services offered that you may use or interact with through Webs (collectively, "Webs-enhanced" applications, websites and services). Whenever you visit, use or interact with a Webs-enhanced application, website or service, we will receive information from them, including information about actions you take and Content you post on that application, website or service.
Why does Webs gather information about me?

Webs collects information in order to provide a safe, efficient and customized experience. This information allows us to better tailor our content to users' needs and to help us better understand the demographics of our audience. Webs may use some of this information for contacting you, customizing the content and advertising you view, improving our services, conducting research, and providing anonymous reporting for clients. We only collect personally identifiable information from you because you are voluntarily submitting the information to us in order to enjoy certain Services.

How will Websites and Applications on Webs treat my information?

As mentioned above, we do not own or operate Webs-enhanced applications, websites and services. We take steps to ensure that providers of Webs-enhanced applications, websites and services use information that you share on Webs in a manner consistent with your privacy settings and the terms of this Privacy Policy, but we cannot guarantee that they will follow our rules. Please take the time to familiarize yourself with the privacy settings of your account, as well as the settings and policies of the applications, websites and services that you visit, add or use on Webs. Here are some specific things to remember:

  • By visiting or becoming a Member of a Website on Webs, the Content and information you provide during the registration process (including your email address) and other interactions with the Website may be accessed by the Website Creator and their authorized representatives and administrators, as well as any Application Developer whose Applications run on that Website.
  • By adding or using an Application or a service provided by one of our affiliates or business partners, the information you provide in the interactions with that Application or service may be accessed by the respective Application Developer, affiliate or business partner and their authorized representatives.
  • Although certain categories of profile information (such as your birthdate) have privacy settings, others (such as your name, gender, profile photo, geographic region, list of friends, list of websites you have joined) are considered publicly available and have no privacy settings associated with them.
  • Even after you remove information from your profile or delete your account, copies of that information may remain viewable elsewhere to the extent it has been shared with others, it was otherwise distributed pursuant to your privacy settings or privacy settings of the Website(s) or Application(s) you used, or it was copied or stored by other users.
  • Certain types of communications you send to other users cannot be removed, such as messages.
  • When you post information on a Website, that information is subject to that Website's privacy settings and privacy policy, which may change from time to time.
  • Publicly available information may be accessed by everyone on the Internet, including third-party search engines that may index, cache and store that information.

You should always review the policies of third party websites, applications and services to make sure you are comfortable with the ways in which they use information you share with them. Any information you share with them is at your own risk. If you find an application, website or service that violates our rules, you should report the violation to us using this automated form, and we reserve the right to take action as we deem appropriate without assuming any obligation or liability to do so.

What are cookies?

Webs may place a text file called a "cookie" in the browser files of your computer. These cookies help us make Webs easier to use, to make our advertising better, and to protect both you and Webs. For example, a cookie may be used to store or "remember" your Member login information (but not your password) so that you are not required to manually log into the site at every visit. You can remove or block cookies using the settings in your browser, but in some cases that may impact your ability to use some of our Services.

Our advertisers and partners may also set cookies through our Services. For more information, please see the section "What about third party advertisers and links?"

What about third party advertisers and links?

In the course of serving advertisements on Webs, a third-party advertiser may place or recognize a unique cookie on your browser. Additionally, some links from Webs may lead to websites operated by other companies. While these websites and advertisements may be co-branded with our name or logo, they are not operated or maintained by us. We do not control these cookies and users of Webs Services should check the privacy policy of the relevant advertiser to understand whether and how it uses cookies. Webs is not responsible for websites operated by third parties that are linked to by any of our sites.

Ads appearing on this website, Webs, and sites hosted by Webs may be delivered to you by Google Ad Manager, DoubleClick, or other advertising partners. Information about your visits to this site, such as the number of times you have viewed an ad (but not your name, address or other personal information), is used to serve ads to you. For more information about these partners, their cookies, and how to "opt-out," please follow the links below.

How secure is my information?

Webs uses commercially reasonable physical, electronic, and procedural measures to safeguard personally identifiable information in our possession against loss, theft and unauthorized use, disclosure or modification. We limit access to personal information about you to employees whom we believe reasonably need that information to provide support, products, or services to you or to fulfill their roles within our organization.

Although we have established and maintain security procedures to protect your personally identifiable information, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other users with whom you share your information. We cannot guarantee that only authorized persons will view your information. We cannot ensure that information you share on Webs will not become publicly available. We are not responsible for third party circumvention of any privacy settings or security measures on Webs. You can reduce these risks by using common sense security practices such as choosing a strong password, using different passwords for different services, and using up-to-date antivirus software.

Please report any security violations to us on this automated form.

How private is the Content I upload?

Any Content uploaded or created using our Services and posted on a Website are by default hosted for the public and are thus publicly accessible unless explicitly protected by the Website Creator's optional password protection setting.

Please note that even if you do not publish links to Content or submit links to a search engine, individuals or search engines may discover and link to your Content by data-mining, guessing the address, spidering sites, or other methods. If you are concerned about the privacy or confidentiality of Content that you produce, please take all appropriate steps to ensure that sensitive materials are password-protected. Webs makes no guarantee as to the reliability or security of the password protection feature.

What control do I have over my information?

As a registered member, you may modify or update your personal account information at any time by logging into your account and (a) accessing the Settings area for each Website you have created, and (b) accessing the Manage Profile area for each Website you have joined by clicking on the corresponding Edit Profile link on your Dashboard page. You may also remove the Website(s) you may have created on Webs at any time by logging into your account and clicking on the corresponding "Delete Site" link on your Dashboard page. Should you desire to do so, you may also delete and close your Webs account at any time by contacting our support team. Note that removed or deleted information may persist in backup copies for a reasonable period of time.

How is information shared?

Webs will not share your personally identifiable information with others except as described herein with regards to sharing with Webs-enhanced applications, websites and services and in limited circumstances where we believe such sharing is reasonably necessary to offer the Services, legally required, or permitted by you. For example, we may provide information to service providers to help us bring you the services we offer. Specifically, we may use third parties to facilitate our business, such as to host the Services at a co-location facility for servers, to register your domain name, to send out email updates about Webs, to provide you with email functionality for your domain, to remove repetitive information from our user lists, to process payments for products or services, or to provide search results or links (including sponsored links). In connection with these offerings and business operations, our service providers may have access to your personal information for use for a limited time.

Where we utilize third parties for the processing of any personal information, we implement reasonable contractual and technical protections limiting the use of that information to the Webs-specified purposes. We may store personal information in locations outside the direct control of Webs (for instance, on servers or databases co-located with hosting providers).

Except as otherwise described in this Privacy Policy, we will not disclose personal information to any third party unless we believe that disclosure is necessary: (1) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by Webs, whether or not a response is required by applicable law; (2) to enforce the Webs Terms of Service or to protect our rights; or (3) to protect the safety or rights of members of the public or users of the Services. Webs reserves the right to transfer personal information to a successor in interest that acquires rights to that information as a result of the sale of Webs or substantially all of its assets to that successor in interest. We may also transfer such information in the course of corporate divestitures, mergers, or dissolution.

How am I notified of changes to this Privacy Policy

We may change this Privacy Policy pursuant to the procedures outlined in our Terms of Service. Unless stated otherwise, our current Privacy Policy applies to all information we have about you and your account. If we make changes to this Privacy Policy we will notify you by publication here.

Who can I contact about this Privacy Policy?

To submit an inquiry about our Privacy Policy, please contact our support department.

Developer Terms

Last updated: February 19, 2010

Thank you for your interest in developing an application on our software platform ("Platform"). Our Platform is an extension of our powerful website building tools, which provides you with unique access to tens of millions of Website Creators and Users. The services offered by Webs ("Webs" or "us" or "we" or "our") include the websites at http://www.webs.com and http://www.freewebs.com as well as any other related websites, toolbars, widgets, or other distribution channels we may, from time to time, operate (collectively, "Webs") and any other features, content, services or applications offered, from time to time, by us (collectively, the "Services"). You may access and develop on our Platform through various means, such as the Webs Developer Platform, approved APIs ("Webs APIs"), RSS feeds, the Widget Bank, and other means.

If you are a developer or operator ("Developer" or "you") of an application or any other technical integration with our Services ("Application"), the following terms ("Agreement" or "Application Developer Terms") apply to you, which are legally binding terms for your use and access to our Platform and Services. By developing an Application or otherwise accessing our Platform, you agree to be bound by these Application Developer Terms in addition to our Terms of Service, Privacy Policy and other Guidelines. (Capitalized terms not defined herein have the meaning set forth in our Terms of Service.) If you do not agree to these Application Developer Terms, Terms of Service or any of the Guidelines, you must cease use and or access to our Platform immediately.

You represent that you are of legal age and fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Application Developer Terms. If you are operating or creating an Application on or through Webs as a representative of a company or legal entity, (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms "you" and "your" in this Agreement refers to your company or legal entity.

1. Responsible Use and Policies

You hereby agree that:

  • You are responsible for your Application and its content and all uses you make of our Platform. This includes ensuring your Application or use of the Platform at all times meets the requirements of this Agreement, our Terms of Service, Privacy Policy and Guidelines.
  • Your access to and use of data you receive from Webs will be limited as follows:
    • You will only request data you need to operate your Application.
    • You will have a privacy policy that will be linked to from the App Store page and otherwise make it clear to Users what User Data you are going to use and how you will use, display, or share that data.
    • You will not use, display, or share User Data in a manner inconsistent with the User's privacy settings, our Terms of Service and Guidelines, and all applicable laws and regulations.
    • You agree that your use and disclosure of User Data shall be reasonably protective of each User's rights and in no event shall you observe standards of privacy and confidentiality in connection with the use and disclosure of User Data that are less stringent than the standards set forth in our Privacy Policy.
    • You will delete all data you received from us relating to any User who deauthorizes, disconnects, or otherwise disassociates from your Application unless otherwise permitted by us in writing.
    • You will delete all data you received from us if we disable your Application or ask you to do so.
    • We can require you to update any data you have received from us.
    • We can limit your access to data.
    • You will not transfer the data you receive from us (or enable that data to be transferred) to anyone, including an ad network, without our prior consent.
    • You may not use User Data you receive from us or collect through automated means, including information you derive through your targeting criteria, for any purpose off of Webs, without User consent.
  • Unless authorized by us, any ads served through your Application may not display User Data (such as names or profile photos), whether that data was obtained by us or otherwise.
  • You will make it easy for Users to remove or disconnect from your Application.
  • You will make it easy for Users to contact you. We can also share your specified contact email address with Users.
  • You will provide customer support for your Application.
  • You must not give your secret key or other Platform access privileges to another party other than an agent acting on your behalf as an operator of your application. You are responsible for all activities that occur under your account identifiers.
  • You will not misrepresent your relationship with Webs to others.
  • You will comply with all applicable laws. In particular you will (if applicable):
    • have a policy for removing infringing content and terminating repeat infringers that complies with the Digital Millennium Copyright Act.
    • comply with the Video Privacy Protection Act ("VPPA"), and will obtain explicit, opt-in consent from users prior to sharing with Webs User Data subject to the VPPA. You acknowledge Webs has no obligations under the VPPA.
  • You agree to take whatever actions are necessary or are requested by Webs to enable Webs to comply with our copyright policy and applicable laws and regulations with respect to your Application and User Data.
  • We can analyze your Application, content, and data for any purpose, including commercial (such as for targeting the delivery of advertisements and indexing content for search).
  • To ensure your application is safe for users or in compliance with these terms, we can review, crawl, monitor or otherwise audit it, and you agree not to block or interfere with such crawling or monitoring.
  • Webs or other Developers can create Applications that offer similar features and services to, or otherwise compete with, your Application.
2. Storable Data

Subject to the other terms herein, you may store the following User Data for longer than 24 hours: (a) the user ID and other identifiers for Webs elements that correspond to data gathered by your Application (except for relations between those IDs), (b) or any User Data you collect directly from the Users.

3. Advertising; Fees

Unless otherwise agreed in writing, (a) you may not charge Users for the use of any Application, or charge for additional features or benefits in connection with a free Application, (b) you may not show any third-party ads or web search boxes on Websites or anywhere else on the Webs Services, and (c) you may not allow commercial transactions to be conducted through the use of your Application. You understand that we do not guarantee that your access or use of the Platform will always be free. You are responsible for paying any governmental taxes imposed on your use of the Platform or other Services, including, but not limited to, sales, use or value-added taxes. To the extent Webs is obligated to collect such taxes, the applicable tax will be added to any fees Webs may charge.

4. Content/Activity Prohibited

The provisions of section 8 of the Terms of Service apply to all content and activity by you and within your Application, including advertisements and user-generated Content, for which you are responsible. You must not promote or provide Content (including advertising) referencing, facilitating, containing or using, any of the prohibited Content or activity. Furthermore, you must address reported abusive Content in a timely manner.

5. Application Approval

You acknowledge that Webs reserves the right, but shall have no obligation, to pre-screen, refuse to accept, post, display or transmit your Application through Webs or on any Website or our Platform in whole or in part at any time for any reason with or without notice and with no liability.

6. User Communication

Your Application may not spam or employ aggressive viral marketing strategies. For instance, you may not send a user-to-user notification unless the sending User has taken a direct action against one or more persons and would expect the notification to be sent. Similarly, any feed or stream published by your Application must have been clearly authorized and expected by the User. You must use discretion when publishing feeds or stream stories to prevent an excessive amount of such stories on a User's behalf. In no case should a feed or stream story's primary purpose be to promote or advertise your Application.

7. Enforcement

We can take enforcement action against you and any or all of your Applications if we determine in our sole judgment that you or your Application violates these Application Developer Terms, our Terms of Service or Guidelines. Enforcement action can include disabling your Application, restricting you and your Application's access to Platform functionality, terminating our agreements with you, or any other action as we in our sole discretion deem appropriate, without liability or prior notice to you.

8. Ownership and License to Webs IP

You agree that, as between you and Webs, Webs owns all right, title and interest, including all intellectual property, in and to the Platform, APIs, and any other tools, data, documentation, Webs Marks (as defined below) or code we may provide you to access our Platform (collectively, "Webs IP"). Subject to the terms and conditions of these Application Developer Terms and during the term of these Application Developer Terms, you are hereby granted a limited, nonexclusive, non-sublicensable, non-transferable, freely revocable license to access the Platform and use the Webs IP solely for the purpose of creating compatibility between the Platform and your Application. All rights not expressly granted hereunder are reserved by Webs. You agree to abide by all copyright notices, information, or restrictions contained in any part of the Webs IP. You must not alter, delete, or conceal any copyright, trademark, patent, or other notices contained on the Webs IP, including notices on any material you download, transmit, display, print or reproduce from or using the Webs IP. Any rights granted hereunder are granted solely to you and not, by implication or otherwise, to any parent, subsidiary, or affiliate of you. Except as expressly permitted under this Agreement, you agree not to, nor will you allow any third party (whether or not for your benefit) to run, rent, lease, loan, sell access to, copy, archive, store, reproduce, rearrange, modify, download, upload, create derivate works from, display, perform, publish, distribute, redistribute or disseminate any Webs IP.

9. Ownership and License to your Application

You own your Applications (subject to Webs' underlying rights in the Webs IP). You hereby grant to Webs a non-exclusive, sub-licenseble, transferable, perpetual, irrevocable, fully paid and royalty-free, worldwide license under all rights (including under any patent issued) to (i) access, reproduce, distribute, reformat, create derivative works, publicly perform, publicly display, and store and cache on our servers your Application, including the right to link to, frame or embed your Application and the right to allow third parties or Webs to display advertising and other content with and in connection with your Application; and (ii) otherwise access, use and analyze your Application for our internal business purposes. The foregoing license does not limit our rights under any third party or open source license under which your Application is licensed.

10. Rights to Publicity and Trademarks

Subject to and in accordance with the terms and conditions of this Agreement, Webs grants you a limited, non-exclusive, non-transferable right (with no right to sublicense) to display the Webs logo, trademarks, service marks and the like (collectively, "Webs Marks") in the form provided by Webs, solely for the purpose of indicating that your Application was created to interface with our Platform. You shall in no way imply endorsement by Webs of your Application or any other product or service. Webs retains the right to modify or change the Webs Marks at any time. Webs reserves all rights in and to the Webs Marks and changes thereto, and you agree to only use the most current version of such changed Webs Marks and not any prior versions. During the term of this Agreement, you may use the Webs Marks we provide you in any press release or other public statements relating to your Application. Upon termination of this Agreement, you shall immediately cease to use the Webs Marks.

You agree that Webs, in its sole discretion, may use and refer to your trademarks, service marks, trade names, image, character, logos, domain names and other distinctive brand features or identification you provide us in marketing materials, financial reports, presentations, website materials, customer lists and other media now known or hereafter discovered in connection with the marketing, advertising and promotion of the Platform, and any products, goods, features, capabilities and/or services associated with the Platform and your use and access of it.

11. Term and Termination

Your license to the Webs IP under these Application Developer Terms continues until terminated by yourself or Webs. You may terminate the license and these Application Developer Terms by discontinuing use of the Webs IP. You acknowledge and agree that Webs may at any time and in its sole discretion, without liability, with or without cause and with or without notice: (a) terminate the license to the Webs IP; (b) terminate or suspend your access to the Platform; (c) terminate these Application Developer Terms; or (d) remove, block, delete or disable access to your Application or any portion or feature of any of your Application or User Data. We further reserve the right, without liability, with or without notice and with or without cause, to discontinue the Platform and/or any portion or feature thereof for any reason in our sole discretion. Additionally, your rights to use the Webs IP will terminate immediately if you violate any of the terms and conditions herein. Webs also reserves the right to disable any User's access to your Application at any time, in its sole discretion, without notice or liability to you.

Upon expiration or termination of the license granted herein, you must immediately discontinue any and all use of the Webs IP and delete all User Data provided by us in your possession or control (including from your Applications and your servers).

12. Survival

In addition to any unpaid payment obligations you may have incurred prior to termination, the following sections shall survive termination of this Agreement: sections 1, 2, 4, 5, 9-16.

13. Release

You hereby irrevocably and unconditionally release and covenant not to sue Webs and its affiliates, and each of their officers, directors, agents, shareholders, employees and representatives, for any and all claims, costs, losses, liabilities and damages of any sort (whether direct, indirect, special, consequential, or otherwise, and whether arising in tort (including negligence (whether active, passive or imputed)), contract, warranty, strict liability, reliance or under any other theory, and whether or not Webs has been advised of the possibility of such damages) arising out of or in any way connected to: (i) Your Application or any intellectual property you develop that is based on, uses, or relates to the Platform or Webs IP; and (ii) which otherwise may arise in connection with your use of, reliance on, or reference to User Data, Platform, or Webs IP. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

14. Indemnification

In addition to the indemnification provisions in our Terms of Service, you hereby agree to indemnify, defend and hold harmless Webs, its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from any third-party claim, demand, loss, damage, cost, or liability (including reasonable attorney's fees) arising out of or relating to: (i) your breach or alleged breach of these Application Developer Terms; (ii) your use of or interaction with the Platform or Webs IP, (iii) your Application, (iv) your violation of any law, treaty, regulation or other governmental order, (v) your violation of the proprietary or other rights of third parties, or your use or misuse of any User data, including in violation of our Privacy Policy. Webs reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Webs, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Webs. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

15. Confidentiality

Any code, material, data or other information relating to Webs (including, without limitation, our software, Platform, and Webs IP) that becomes known to you, whether orally, in writing, or by inspection of tangible objects, including technical data, research, product plans, or know-how, or otherwise, and that either is designated as confidential or that is not generally known or readily ascertainable to the public constitutes and contains proprietary and confidential information of Webs ("Confidential Information"). You may not disclose Confidential Information to any person other than your employees with a need to know such information or consultants under contract to you who have agreed in writing to be bound by confidentiality restrictions at least as protective of the Confidential Information as these Application Developer Terms. You may not use the Confidential Information for any purpose other than to exercise your rights under these Application Developer Terms. You shall take reasonable measures to protect the secrecy of and to avoid the unauthorized use and disclosure of the Confidential Information. You shall immediately notify Webs in the event you become aware of any unauthorized or suspected unauthorized use or disclosure of the Confidential Information. All Confidential Information remains the property of Webs, and no license or other right in any Confidential Information is granted hereby. Upon our written request, you will destroy or return to Webs all Confidential Information in your possession. In addition to the terms of this provision, you and Webs will continue to be subject to any non-disclosure agreement that you and Webs have entered into separately. This provision will survive any termination of these Application Developer Terms.

16. General

We can change these Application Developer Terms at any time without prior notice as we deem necessary. Your continued use of Platform constitutes acceptance of those changes. The failure of Webs to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. The parties are independent contractors with respect to each other. This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture among the parties hereto, or an employee-employer relationship and you agree that Webs has no special relationship or fiduciary duty to you. You may not delegate your duties under this Agreement or assign this Agreement, in whole or in part. Webs may assign this Agreement in whole or in part in its sole discretion without your consent and without notice. Except for any mutually executed amendments hereto, this Agreement and our Terms of Service constitute the entire agreement between you and Webs and govern your use of the Services and Platform, superseding any prior agreements (whether written or oral) between you and Webs regarding the subject matter hereof. Nothing in this Agreement shall prevent us from complying with the law and applicable regulations.

17. Contacting Webs

You may contact Webs with regards to your Application by sending an email to bizdev at webs.com, using the submission form on our Developer page or joining the Webs Platform Google Group at http://groups.google.com/group/webs-platform.

Anti-Spam Policy

Last updated: July 31, 2013

What is webspam?

Webspam consists of web pages that are created with the intent of manipulating search engines algorithms for the purpose of unnaturally ranking a website or websites for specific keywords or search terms, often with the aim of monetary gain.

Webs takes spam and webspam seriously and will not tolerate spam or webspam in any of its forms. The following practices are NOT ALLOWED and are violations of Webs Terms of Service (ToS) agreement:

  • Content Spam: Webs does not allow the populating of user sites or web pages with popular and monetizable search terms.
  • Link Spam: Webs does not allow the creation of links to a page solely or primarily in order to increase its link-based score.
  • Automatically/Programmatically Generated Content: Webs does not allow content that has been generated programmatically. Programmatic content consists of paragraphs of random text that makes no sense to the reader, but which may contain search keywords.
  • Keyword stuffing: Webs does not allow the promotion of sites that use keyword stuffing, a technique where web pages are loaded with keywords to inflate the site's ranking.
  • Cloaking: Webs does not allow the promotion of sites that use cloaking, a technique where different content is served to search engines than to users.
  • Sneaky JavaScript redirects: Webs does not allow the promotion of sites that use sneaky Javascript redirects. Sneaky redirects are designed to deceive search engines or to display different content to human users than to search engines. It's a violati