Terms of Service

Terms and Conditions for iWebSta

Last Updated: Aug. 8th, 2024

1. Introduction

1.1 Our Purpose

iWebSta offers services to design and program beautiful and highly functional online presences to manage and promote business content and ideas with minimal to no coding knowledge. iWebSta provides numerous tools and features for managing websites, galleries, media players, and other online management tools.

1.2 Legal Agreement

These Terms of Service, together with additional terms specific to certain services and features, constitute the entire agreement applicable to each visitor or user of the iWebSta website and/or any services offered by iWebSta (“Services”).

1.3 Brand Ownership

The iWebSta (“iWebSta”) is a brand owned and operated by L Creations (“L Creations”). The billable name on the invoice will be L Creations.

1.4 User Account

To access and use certain sections and features of the iWebSta Services, you must register and create an account (“User Account”). If anyone other than yourself accesses your User Account, they may perform any actions available to you, make changes to your User Websites and User Account, and accept any legal terms therein, all on your behalf. Therefore, keep your log-in credentials secure and confidential.

You must provide accurate and complete information when registering your User Account. In case of a dispute on User Account ownership, we reserve the right to determine ownership based on our reasonable judgment. We may request documentation (e.g., government-issued ID, business license) to assist us in determining ownership.

1.5 Updates to Terms and Conditions

iWebSta reserves the right to modify or update these Terms and Conditions at any time. Any changes will be effective immediately upon posting on our website. Your continued use of the Services after any changes to these Terms and Conditions constitutes your acceptance of the new terms. It is your responsibility to review these Terms and Conditions periodically for any updates.

1.6 Plugin Updates and Compatibility

We aim to keep all plugins of the website up to date. However, there may be instances where the latest versions of plugins cause unexpected compatibility issues. To ensure optimal performance and stability, we may choose to maintain the most stable and compatible versions of plugins on your website rather than the latest versions.

2. Your Obligations

2.1 You represent and warrant that:

You are at least eighteen (18) years of age or of the legal age of majority in your jurisdiction.
You are not a resident of or will use the iWebSta Services in a country where such services are forbidden.
Your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us.

2.2 You undertake and agree to:

Comply with all applicable laws and contractual terms governing your use of the iWebSta Services.
Be solely responsible for any of the uses of the iWebSta Services that occur under your User Account and/or User Website(s).
Regularly and independently save and backup any of your User Content and information processed by you regarding your User Website.
Receive promotional messages and materials from iWebSta or its partners unless you opt-out by notifying us.
Allow iWebSta to use any version of your User Website for marketing and promotional activities.

2.3 You agree and undertake not to:

Copy, modify, create derivative works of, download, adapt, reverse engineer, or publicly display any part of the iWebSta Services without our prior written consent.
Submit any User Content or use Licensed Content in a context deemed defamatory, libelous, obscene, harassing, or otherwise unlawful.
Use any illegal action to collect login data or passwords for other websites.
Phish, collect, upload, or make available credit card information or other forms of financial data used for collecting payments unless done in accordance with applicable laws.
Take any action that imposes an unreasonable load on the infrastructure of the iWebSta Services.
Use the iWebSta Services for any form of spam or unethical marketing.

3. Content and Ownership

3.1 Your Intellectual Property

You own all intellectual property pertaining to your User Content. For the sole purpose of granting you the service, you agree that we will need to access, provide, and/or copy your User Content to our platform, including cloud services and CDNs.

3.2 iWebsta’s Intellectual Property

All rights, title, and interest in and to the iWebsta Services are owned by and/or licensed to iWebsta. Subject to your full compliance with the Terms and timely payment of all applicable Fees, iWebsta grants you a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the iWebsta Services for generating and displaying your User Website.

3.3 Feedback and Suggestions

Any suggestions or feedback provided by you shall be exclusively owned by iWebsta.

4. Privacy

We collect and use certain personal information in accordance with our Privacy Policy, which you can review at https://www.iwebsta.com/privacy-policy.

5. Service Fees

5.1 Paid Services

The use of iWebsta Services is subject to payment of Fees. iWebsta reserves the right to change its Fees at any time upon notice to you.

5.2 Invoices

iWebsta will issue an electronic invoice for any payment of Fees or refund made to or by iWebsta. The billable name on the invoice will be L Creations.

5.3 Subscription Auto-Renewals

All Paid Services include an automatic renewal option. You may cancel your Renewing Paid Services at any time by sending a request to customer support.

5.4 Money-Back Guarantee

If you are not satisfied with iWebsta Services, you may cancel within one (1) day of the initial purchase for a refund.

5.5 Chargebacks

A decline, chargeback, or rejection of payment will be considered a breach of your payment obligations and may result in your User Account being blocked or terminated.

6. Cancellation

6.1 Cancellation by User

You may discontinue and request to cancel your User Account and/or any iWebsta Services at any time.

6.2 Cancellation by iWebsta

Failure to comply with any of the iWebsta Terms or to pay any due Fee shall entitle iWebsta to suspend or cancel your User Account.

6.3 Loss of Data Content and Capacity

Cancellation may result in the loss of certain content, features, or capacity of your User Account.

7. Video Services

iWebsta may provide video services for managing videos on User Platforms through third-party partners.

8. Third Party Services

iWebsta acts as an intermediary platform between you and Third Party Services. Your use of Third Party Services is done at your own risk and responsibility.

9. Misconduct and Copyrights

9.1 Misconduct and Abuse

Report any inappropriate or illegal conduct via the provided form.

9.2 Copyrights

If you believe your work has been copied or used in a way that constitutes copyright infringement, notify us via the provided form.

9.3 Protection from Copyright Issues

You represent and warrant that all content provided to iWebSta for your website does not infringe on any third-party copyrights or intellectual property rights. If you request us to use third-party materials, you must have the legal right to do so. If any copyright infringement is reported or discovered, iWebSta reserves the right to remove the infringing content. You agree to indemnify and hold iWebSta harmless from any claims, damages, or legal actions arising from your use of copyrighted materials.

10. Disclaimer of Warranties

iWebsta Services are provided on an “As Is” basis without any warranties.

11. Limitation of Liability

iWebsta and its affiliates shall not be liable for any direct, indirect, incidental, special, punitive, exemplary, or consequential damages.

11.1 Data Backup and Liability

iWebSta will make every effort to maintain regular backups of your website data. However, in the event of data loss, iWebSta shall not be held legally liable for any lost content or information. It is recommended that you maintain your own backups of important data.

12. Indemnity

You agree to defend, indemnify, and hold harmless iWebsta and its affiliates from any claims arising from your violation of any term of these Terms or any third-party rights.

12.1 Public Information and Liability

All information provided to iWebSta for your website should be suitable for public disclosure. iWebSta shall not be legally liable for any issues arising from the publication of client-provided materials, including but not limited to information leaks or unauthorized disclosures.

13. General

13.1 Changes & Updates

iWebsta reserves the right to change, suspend, or terminate any of the iWebsta Services or the Terms.

13.2 Governing Law & Jurisdiction

The Terms shall be governed by the laws of the Province of Alberta, Canada. Any disputes arising from these Terms or the use of the iWebsta Services shall be subject to the exclusive jurisdiction of the courts located in Edmonton, Alberta, Canada.

13.3 Notices

Notices will be provided via the iWebsta Services, email, or other means.

13.4 Relationship

These Terms do not create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship.

13.5 Entire Agreement

These Terms constitute the entire agreement between you and iWebsta.

13.6 Assignment

iWebsta may assign its rights and obligations hereunder without your consent.

13.7 Severability & Waivers

If any provision is deemed invalid, the remaining provisions will remain in effect.

13.8 Customer Service Contact

Termination for Illegal Activities

iWebSta reserves the right to suspend or terminate your services without refund if your website is found to be engaged in fraudulent, illegal, or unethical activities. iWebSta will not be legally liable for any consequences resulting from the suspension or termination of services under these circumstances.