Terms of Use

Last Revised: August 27, 2023

Welcome to MedWebHosting.com’s Terms of Use! We are truly excited to have you aboard. Thank you for choosing to use our services.

Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary to protect both you and us and to make our services possible and more enjoyable for everyone. MedWeb Hosting offers a wide range of services and features, and part of the terms below may not be relevant to the specific services you use.

We understand that legal terms can be exhausting to read, and we’ve tried to make the experience more pleasant. If you have suggestions on how we can improve them, you are welcome to contact us.

1. Introduction

1.1. Our Purpose

Our services offer our Users (as defined below) the ability to easily create a beautiful and highly functional online presence, manage and promote businesses, content, and ideas, and have an overall great experience doing so – even without being tech-savvy or a design guru. As detailed below, we offer our users numerous tools and features for creating, publishing, and use of stunning websites, online e-commerce platforms, newsletters, galleries, media players, mobile apps, and other online and mobile applications, tools, and services. The online, and mobile websites, functionalities, and platforms created by Users are collectively referred to herein as “User Platform(s)”.

1.2. Legal Agreement

These MedWeb Hosting.com Terms of Use (“Terms of Use”), together with such additional terms which specifically apply to some of our services and features as presented on the MedWeb Hosting.com website(s) (“MedWeb Hosting Website”, and collectively – the “MedWeb Hosting Terms”), set forth the entire terms and conditions applicable to each visitor or user (“User” or “you”) of the MedWeb Hosting Website, the MedWeb Hosting mobile application (the “MedWeb Hosting App”) and/or any other services, applications and features offered by us with respect thereto, except where we explicitly state otherwise (all services offered through the MedWeb Hosting Website or the MedWeb Hosting App, collectively – the “MedWeb Hosting Services” or “Services”). For the avoidance of doubt, MedWeb Hosting Services (as defined in these Terms of Use) do not include services, applications, features, or components that were built, developed, connected, or offered by a MedWeb Hosting User, even if presented on the MedWeb Hosting Website or the MedWeb Hosting App.

The MedWeb Hosting Terms constitute a binding and enforceable legal contract between MedWeb Hosting.com Ltd. and its affiliated companies and subsidiaries worldwide (“MedWeb Hosting”, “us” or “we”) and you in relation to the use of any MedWeb Hosting Services - so please read them carefully.

You may visit and/or use the MedWeb Hosting Services and/or the MedWeb Hosting App only if you fully agree to the MedWeb Hosting Terms - and by using and/or registering to any of the MedWeb Hosting Services, you signify and affirm your informed consent to these Terms of Use and any other MedWeb Hosting Terms applicable to your use of any MedWeb Hosting Services. If you do not read, or fully understand or if you do not agree to the MedWeb Hosting Terms, you must immediately leave the MedWeb Hosting Website and avoid or discontinue all use of the MedWeb Hosting Services or MedWeb Hosting App.

By using our Services, you also acknowledge that you have read our Privacy Policy available at our Privacy Policy.

By visiting our website or using our application and/or services, you are entering into a legal agreement with us, consisting of these Terms of Use, and our additional services’ legal terms. By using our services, you signify your consent to these terms, and you acknowledge that you have read our Privacy Policy. You may not use our services if you do not consent to all our terms.

1.3. User Account

In order to access and use the MedWeb Hosting Services, you must first register and create an account with MedWeb Hosting (“User Account”).

Creation of a User Account or purchase of Paid Services (as defined in Section 5 below), can be done either directly on the MedWeb Hosting Website or through an unrelated third-party authorized to sell MedWeb Hosting subscriptions to User Accounts and other Paid Services (a “Reseller”) under a separate agreement with MedWeb Hosting (a “Reseller Agreement”).

If you register to MedWeb Hosting Services or purchase Paid Services via a Reseller (referred to herein as a “Reseller User”) please note the following:

· These Terms of Use are applicable in addition to any arrangement by and between you and the Reseller, and they govern your use of the MedWeb Hosting Services.

· As between you and MedWeb Hosting,  per your relationship with MedWeb Hosting and unless otherwise specifically indicated in these Terms of Use, these Terms of Use supersede any arrangement between you and the Reseller with regard to your use of the MedWeb Hosting Services and/or activities in your User Account (or the User Account to which you are added).

· Certain services, applications, and features of the MedWeb Hosting Services may not be available to you or may only be available to you through the Reseller platform.

1.4 Access to Accounts; Roles and Permissions

You may invite others to your User Account and your User Platforms and assign them certain roles and permissions to perform certain activities within your User Account and User Platforms.

A person granted permission to perform activities on a User Account that such person does not own is referred to herein as a “Contributor”.

If anyone other than yourself (including Contributors) accesses your User Account and/or any of your User Platforms’ settings, they may also (and if done by a Contributors, depending on the roles and permissions you assign them), perform actions available to you (unless as specifically stated otherwise on the MedWeb Hosting Services), make changes to your User Platform(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name as the owner of the User Account, whether or not specifically authorized by you.

Therefore, we strongly encourage you to (i) keep the log-in credentials of your User Account confidential, and (ii) allow access to your User Account, only to people you trust - as you will be solely and fully responsible for all activities that occur under your User Account and/or User Platforms (including for any representations, warranties, and undertakings made therein and including by any Contributor), and for any damages, expenses or losses that may result from such activities.

You must provide accurate and complete information when registering your User Account and using MedWeb Hosting Services. We strongly encourage you to provide your own (or your company’s, as applicable) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.

If you are a Contributor, you are required to register and create a User Account of your own in order to access the User Account under which you are a Contributor. Therefore these Terms of Use apply to Contributors as well.

If you are a Reseller User, then depending on the agreement between you and the Reseller, such Reseller may be the owner of the User Platform and you may be invited by the Reseller as a Contributor to such User Platform.

If you are invited as a Contributor to a User Platform or if you are a Reseller User, you acknowledge that the owner of such User Platform and /or the Reseller (ii) shall have full access to any information (including personal information) that is stored by you or on your behalf on such User Platform; and (ii) shall have all the rights and functionalities awarded to a User Account owner, in connection with such User Platform.

You can create an account and purchase services also via a third-party authorized to sell MedWeb Hosting (Reseller). If you register to MedWeb Hosting or purchase services via a Reseller you agree and accept these MedWeb Hosting terms of use (in addition to any arrangement between you and the Reseller), so that in you relationship with MedWeb Hosting these terms will overcome any other terms, and that some MedWeb Hosting services and features may not be available to you or be available to you only through the Reseller platform.

You can invite others (Contributors) to perform activities on your User Account by assigning them certain roles and permissions.

If you are invited to be a Contributor on another User’s Platform, you need to create a User Account of your own before you access the other User Platform.
If you are a Reseller User, the Reseller may be the owner of the User Platform and have access to information on such User Platform. The Reseller will also have all rights and functionalities awarded to a User Account owner. You may be invited by the Reseller as a Contributor to such User Platform.

1. 5 Account Ownership

For each User Platform, MedWeb Hosting will consider the owner of such User Platform to be the person or entity whose email address is listed in MedWeb Hosting’s records as the owner of the User Account under which the User Platform was created.

In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether an independent investigation has been conducted by us. However, if we cannot make such a determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without MedWeb Hosting having any liability to you or to any other party. We may request documentation (e.g., government-issued ID, a business license) that may assist us in determining ownership.

If you created your User Account directly on the MedWeb Hosting Website (and not via a Reseller), we may consider the principles set forth below to determine ownership.

If you are invited as a Contributor to a User Platform or if you are a Reseller User, you acknowledge that the owner of such User Platform and /or the Reseller (ii) shall have full access to any information (including personal information) that is stored by you or on your behalf on such User Platform; and (ii) shall have all the rights and functionalities awarded to a User Account owner, in connection with such User Platform.

1. MedWeb Hosting will consider the person or entity who has access to the e-mail address (listed in MedWeb Hosting’s records for a User Account under which such User Platform or User Content was created) as the owner of a User Account, User Platform, and/or User Content created and/or uploaded to the relevant MedWeb Hosting Service.

2. If any Paid Services were purchased via a User Account, MedWeb Hosting may consider the owner of such User Account and/or the relevant User Platform and/or User Content created thereunder, as the person or entity whose billing details were used to purchase such Paid Services (“Billing Information”). Notwithstanding the foregoing, when applicable, if a User Platform was connected to an external domain name (either imported or purchased as part of certain Paid Services, as defined below), and such domain’s registration information is publicly available via the WHOIS database provided on the www.whois.net website or on MedWeb Hosting’s database, MedWeb Hosting may consider the owner of such User Platform as the person or entity registered as the registrant of such domain thereunder. In the event that an individual and an organization are both registered as the registrant or the registrant organization of such a domain, MedWeb Hosting will consider the organization as the actual owner of the domain. In the event the Billing Information indicates one person as the owner of the User Platform and the domain registration indicates a different owner, MedWeb Hosting shall consider the person registered as the owner of the domain connected to the MedWeb Hosting Account as the owner of the User Platform.

Notwithstanding the foregoing, MedWeb Hosting shall have the right to determine the ownership of User Content and/or a User Website as it chooses, including by ignoring the indications set forth above, in the event MedWeb Hosting deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by the sole discretion of MedWeb Hosting.

If you are a Reseller User, the ownership of the respective User Account may be determined by MedWeb Hosting pursuant to the terms of the Reseller Agreement.

To use certain of our services, you need to create a user account.
You should keep your username and password protected and safe, and only allow people you trust to access your account or website settings.

All activities that occur under your user account or website are your responsibility.

The account information you provide us must be your own (or your company’s) and be accurate and complete.

When a user account is disputed, we may determine the ownership of such user account.

2. Your Obligations

2.1. You represent and warrant that:

1. you are at least thirteen (13) years of age, or sixteen (16) years of age if you are an individual within the European Union (EU), or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the MedWeb Hosting Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the MedWeb Hosting Terms;

2. you are not ordinarily resident of and will not use or distribute the MedWeb Hosting Services or MedWeb Hosting App in, any country or region subject to U.S. comprehensive country or regional embargos. You further confirm that you are not included on any sanctions list, including without limitation, the U.S. Specially Designated Nationals and Blocked Persons List, maintained by the U.S. (“SDN List”), or any other applicable sanctions list maintained by the EU, the UK or other, and that you are not owned 50 percent or more, directly or indirectly in the aggregate, by a Sanctioned Party and are not otherwise controlled by such a party (“Sanctioned Party”).  You further confirm that you will not use or distribute the MedWeb Hosting Services or the MedWeb Hosting App directly or indirectly to or for the benefit of a Sanctioned Party.  You agree to indemnify MedWeb Hosting against any and all losses, including without limitation, monetary penalties and legal fees, that MedWeb Hosting may suffer should you violate any of the forgoing confirmations regarding your non-sanctioned status.

3. 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;

4. you understand that MedWeb Hosting does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;
And specifically regarding your User Content:

5. you confirm you own all rights in and to any content uploaded, developed or provided by you, or imported, connected, copied or uploaded by MedWeb Hosting Services for you, to your User Platform (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, algorithms, SPIs, APIs, databases, illustrations, compositions, artworks, interfaces, usernames, information you provide for the purpose of creating a subdomain name, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access to, import, copy, use, connect, develop, publish, transfer or license such User Content, by you and us or any of our affiliates;

6. you have (and will maintain) the full power, title, licenses, consents and authority to allow MedWeb Hosting Services or MedWeb Hosting App to access any websites, web pages and/or other online services, for the purpose of importing, exporting, copying, displaying, uploading, publishing, transmitting and/or otherwise using your User Content.

7. the User Content is (and will continue to be) true, current, accurate, non-harmful, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, export, copy, possess, post, publish, transmit, display or otherwise use, in the country in which you or your User Platform’s visitors and users (“End Users”) reside, or for MedWeb Hosting and/or your End Users to access, import, export, copy, upload, publish, post, store, use or possess in connection with the MedWeb Hosting Services;

8. you have obtained all consents and permissions required under all applicable laws, regarding the processing, storing, collection, posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.

In order to use our services, there are certain obligations and conditions you need to meet.

Among others, you need to be of a certain legal age of majority, reside and use our services in a permitted location.

In addition, you must own all rights in any content you upload or publish or that we access, import and/or upload for you via our services, ensure that such content is legal and reliable, and that anything you do with it (or enable MedWeb Hosting or your end users to do with it) is legal.

2.2. You undertake and agree to:

1. fully comply with all applicable laws and any other contractual terms which govern your use of the MedWeb Hosting Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations.

2. be solely responsible and liable with respect to any of the uses of the MedWeb Hosting Services which occur under your User Account and/or User Platform(s), and for any of your User Content (including for any consequences of accessing, storing, collecting, importing, exporting, uploading, copying, using or publishing such User Content on or with respect to the MedWeb Hosting Services);

3. regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Platform, including with respect to End Users, User Products, and any applications features, services, and/or Third-Party Services used, connected, presented or developed by you.

4. receive from time-to-time promotional messages and materials from MedWeb Hosting or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please notify us at any time.

5. allow MedWeb Hosting to use in perpetuity, worldwide and free of charge, any version of your User Platform (or any part thereof) for any of MedWeb Hosting’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against MedWeb Hosting or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses;

6. MedWeb Hosting’s sole discretion as to the means, manner, and method for performing the MedWeb Hosting Services, including those regarding the hosting, transmission, publication and/or display of any User Platforms and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).

7. MedWeb Hosting shall have the right to offer the MedWeb Hosting Services in alternative price plans and impose different restrictions for the upload, storage, download and use of the MedWeb Hosting Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, the volume of download time, number of subscribers to your Content, the volume of storage, etc.

List of Musts

· You must comply with all applicable laws.

· You will be responsible for your actions and for the actions of anyone who accesses your user account or user platform settings.

· You shall regularly save backups of your content.

· You agree that we or our partners may send you promotional messages and content.
You can easily opt-out of receiving promotional messages by contacting us.

· You allow us to use your website for our promotional activities, and to determine the way the services will be performed.

· You agree that MedWeb Hosting has the right to impose and change price plans for its Services. Additionally, MedWeb Hosting may impose restrictions depending on your specific usage of the Service.

2.3. You agree and undertake not to:

1. copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the MedWeb Hosting Website, the MedWeb Hosting Services (or any part thereof), any Content offered by MedWeb Hosting or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without MedWeb Hosting’s prior written and specific consent and/or as expressly permitted under the MedWeb Hosting Terms;

2. submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of MedWeb Hosting or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;

3. use any illegal action to collect login data and/or passwords for other websites, third parties, software, or services.

4. phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable.

5. upload, insert, collect or otherwise make available within the MedWeb Hosting Website or the MedWeb Hosting Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;

6. publish and/or make any use of the MedWeb Hosting Services or Licensed Content on any website, media, network or system other than those provided by MedWeb Hosting, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the MedWeb Hosting Services, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by MedWeb Hosting, in advance and in writing;

7. use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the MedWeb Hosting Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the MedWeb Hosting Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the MedWeb Hosting Services;

8. act in a manner which might be perceived as damaging to MedWeb Hosting’s reputation and goodwill or which may bring MedWeb Hosting into disrepute or harm.

9. purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use MedWeb Hosting or MedWeb Hosting Marks and/or variations and misspellings thereof.

10. impersonate any person or entity or provide false information on the MedWeb Hosting Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to MedWeb Hosting and/or any End Users;

11. falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that MedWeb Hosting or any third party endorses you, your User Platform, your business, your User Products, or any statement you make;

12. reverse look-up, trace, or seek to trace another User of MedWeb Hosting Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the MedWeb Hosting Services and/or User Platform without their express and informed consent.

13. disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the MedWeb Hosting Services, User Platform, the account of another User(s), or any other systems or networks connected to the MedWeb Hosting Services, by hacking, password mining, or other illegitimate or prohibited means.

14. probe, scan, or test the vulnerability of the MedWeb Hosting Services or any network connected to the MedWeb Hosting Services.

15. upload to the MedWeb Hosting Services and/or User Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;

16. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the MedWeb Hosting Services or MedWeb Hosting’s systems or networks connected to the MedWeb Hosting Services, or otherwise interfere with or disrupt the operation of any of the MedWeb Hosting Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks.

17. use any of the MedWeb Hosting Services and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising.

18. utilize any of the MedWeb Hosting Services or MedWeb Hosting Systems for storage and/or video streaming purposes (whether for main streaming purposes or not). For example, creating and operating websites whose purpose is video streaming or main purpose is file storage. Including indirect utilization, through integration or connection with third-party platforms or services.

19. access to MedWeb Hosting Services, User Accounts, Licensed Content and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.

20. sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or MedWeb Hosting Services, except as expressly permitted by the MedWeb Hosting Terms.

21. remove or alter any copyright notices, watermarks, restrictions, and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the MedWeb Hosting Services and/or Licensed Content; or

22. violate, attempt to violate, or otherwise fail to comply with any of the MedWeb Hosting Terms or any laws or requirements applicable to your use of the MedWeb Hosting Services.

23. access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.

List of Don’ts

· In general, we just want you to be nice, and avoid doing anything that might harm us or anyone else.

· Among others, you may not copy our materials, use any content in an illegal or harmful manner, use our services or content on any platform or website not provided by us, make any misrepresentations, or abuse our Services, or otherwise violate anyone’s rights or any applicable laws.

· Failure to abide by any of these rules may lead us to cancel your account and stop providing you with any services.

3. Content and Ownership

3.1. Your Intellectual Property

As between MedWeb Hosting and you, you shall own all intellectual property pertaining to your User Content and to any other materials created, developed, or connected to MedWeb Hosting Services by you, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, algorithms, SPIs, APIs, databases, interfaces, text and literary works. MedWeb Hosting does not claim ownership rights on your User Content or the content you connected to the MedWeb Hosting Services. You know and agree that in order to provide the Services to you and to maintain and improve the Services (the “Purpose”) we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDN’s, to make display adjustments, to train our software tools (e.g. artificial intelligence and machine learning models), to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit. You hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to use your User Content for the Purpose.

You own all rights to your content. We may handle your content in order to provide you with our services.

3.2. MedWeb Hosting’s Intellectual Property

All rights, title and interest in and to the MedWeb Hosting Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the MedWeb Hosting Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to MedWeb Hosting.

Subject to your full compliance with the MedWeb Hosting Terms and timely payment of all applicable Fees, MedWeb Hosting hereby grants you, upon creating your User Account and for as long as MedWeb Hosting wishes to provide you with the MedWeb Hosting Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the MedWeb Hosting Services and Licensed Content, for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the MedWeb Hosting Terms, and solely within the MedWeb Hosting Services.

The MedWeb Hosting Terms do not convey any right or interest in or to MedWeb Hosting’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the MedWeb Hosting Terms constitutes an assignment or waiver of MedWeb Hosting’s Intellectual Property rights under any law.

In addition to the above, certain fonts made available to you within the MedWeb Hosting Services, are licensed to MedWeb Hosting by a third party provider and are therefore subject to additional license terms of such provider, which are summarized and available for your review at https://www.MedWebHosting.com/about/terms-of-use.

We own all rights in and to our services, content, data, technology, and features.

You may use our services and content so long as you fully comply with these terms and ensure full and timely payments.

Certain fonts which are available to you are licensed by a third party, make sure you read their terms as well.

3.3. Feedback and Suggestions

If you provide us with any suggestions, comments or other feedback relating to the MedWeb Hosting Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by MedWeb Hosting. By providing such Feedback to MedWeb Hosting, you acknowledge and agree that it may be used by MedWeb Hosting in order to: (i) further develop, customize and improve of the MedWeb Hosting Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized MedWeb Hosting -related notices and/or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) to create aggregated statistical data and other aggregated and/or inferred information, which MedWeb Hosting may use to provide and improve its services, (vi) to enhance MedWeb Hosting data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to MedWeb Hosting any right, title and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.

We welcome any form of feedback or suggestions. If you do provide us with any, please make sure that it is accurate and legal.

4. Privacy

Certain parts of the MedWeb Hosting Services (including certain Third-Party Services available therein, as further explained in Section 8 below) require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the MedWeb Hosting Services, MedWeb Hosting and such Third-Party Services may collect, access and use certain data pertaining to Users and End Users, including the activities or navigation undertaken by Users and End Users through the MedWeb Hosting Services and/or User Platforms. We encourage you to read our Privacy Policy and each of these Third-Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices.

We care about your privacy, and you should too. Please read our Privacy Policy to learn more about our practices concerning personal information.

5. Service Fees

5.1. Paid Services

The use of certain MedWeb Hosting Services may be subject to payment of particular fees, as determined by MedWeb Hosting in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Important: if you are a  Reseller User and your payment is made to the Reseller, then the provisions of subsections 5.1 (1), 5.1(4), 5.2, 5.3 (2), 5.4 (1) and 5.5  of this Section 5 with respect to such specific Paid Service may not apply to you and the payment and management of such Paid Service, shall be made directly with the Reseller according to the terms agreed upon between you and the Reseller.

1. MedWeb Hosting will notify you of the Fees then in effect, you need to pay directly to MedWeb Hosting in relation to the Paid Services you decide to purchase from MedWeb Hosting. If you wish to receive or use the Paid Services, you are required to pay all applicable Fees in advance.

2. MedWeb Hosting reserves the right to change its Fees at any time in its sole discretion. MedWeb Hosting will send a notice regarding the change to you or your Reseller if such a change will affect your existing subscriptions.

3. you received a discount or other promotional offer, either from MedWeb Hosting or from a Reseller, MedWeb Hosting or the Reseller, respectively, shall have the right at the end of the applicable discounted period, to, automatically and without notice, renew your subscription to such MedWeb Hosting Service(s) at the full then-current applicable Fee.

4. All Fees paid directly to MedWeb Hosting shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by MedWeb Hosting. To the extent permitted by law (and unless specified otherwise by MedWeb Hosting in writing), all Fees are exclusive of all taxes (including value-added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the MedWeb Hosting Services, or to any payments or purchases made by you. If MedWeb Hosting is obligated to collect or pay Taxes for the Fees payable by you, and whether such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees, or fees due to banks or credit card companies). MedWeb Hosting is not responsible for any such additional fees or costs.

5. If you purchase Paid Services directly from MedWeb Hosting, then as part of registering or submitting information to receive Paid Services, you also authorize MedWeb Hosting (either directly or through its affiliates, subsidiaries other third parties) to request and collect payment and service fees (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries MedWeb Hosting or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).

6. You must keep a credit card stored with MedWeb Hosting to pay for your Paid Services (“Stored Card”) that are purchased directly from MedWeb Hosting. You will be able to identify your Stored Card by its last four digits on your Account Settings Page.

Some of our services cost money. We will let you know how much beforehand Our prices are stated in U.S. Dollars and before taxes, unless otherwise said.

If needed, we or our affiliates may request and collect payments and related information from the relevant payment providers and banks.

If you are a Reseller User, then payment and management of Paid Service might be conducted directly with the Reseller.

5.2. Invoices

If you are a Reseller User and you pay the Reseller and not directly to MedWeb Hosting, the following Section 5.2 does not apply to you.

MedWeb Hosting and/or its affiliated companies will issue an invoice or credit memo for any payment of Fees or refund made to or by MedWeb Hosting (“Invoice”). Each Invoice will be issued in electronic form and based on the country stated in your billing address and will be made available to you via your User Account and/or by e-mail. For the purpose of issuing the Invoice, you may be required to provide certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. Please note that the Invoice presented in your User Account may be inadequate with your local law requirements, and in such case may be used for pro forma purposes only.

Invoices for our paid services will be available in your user account unless you’re a Reseller User.

5.3. Subscription Auto-Renewals

1. In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default, according to which, unless you turn off the auto-renewal option is turned off by you or your Reseller, such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, (by MedWeb Hosting or your Reseller), at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period) (“Renewing Paid Services”). For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month.

2. Accordingly, where applicable and as for Fees paid directly to MedWeb Hosting, MedWeb Hosting will attempt to automatically charge you the applicable Fees using the Stored Card, within up to two (2) weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect them at a later time, and/or suspend or cancel your User Account, without further notice. If your Renewing Paid Service is subject to a yearly or multiple-year subscription period, MedWeb Hosting will endeavor to provide you with notice prior to the renewal of such Paid Service at least thirty (30) days in advance of the renewal date.

3. By entering into these Terms of Use and by purchasing a Renewing Paid Service, you acknowledge and agree that the Renewing Paid Service shall automatically renew in accordance with the above terms.

4. You (or the Reseller from which you purchase the Paid Services) may turn off the auto-renewal option for Renewing Paid Services at any time via your User Account or by visiting MedWeb Hosting Help Center.

5. Certain domains are subject to a different renewal policy as detailed at Web.com Reseller Domain Name Registration Agreement and Tucows Reseller Domain Name Registration Agreement, as applicable.

6. Notwithstanding anything to the contrary in the foregoing, you are, and shall be, solely responsible to verify and ensure the successful renewal of the MedWeb Hosting Services you use (whether or not such MedWeb Hosting Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any MedWeb Hosting Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any MedWeb Hosting Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against MedWeb Hosting in relation to the discontinuation of any MedWeb Hosting Services or Third-Party Services, for whatever reason.

To make sure you don’t lose your domain or experience interruptions with your website at the end of your subscription period, we’ll automatically renew our service and bill you accordingly, in regular intervals as your initial subscription, unless you (or the Reseller you purchased the Paid Services from) turn-off auto-renewal.

Some services, whether on purpose or mistake may not automatically renew. You should make sure that your subscriptions are renewed in time.

5.4. Money-Back Guarantee

If you are a Reseller User, and you pay the Reseller and not directly to MedWeb Hosting, Section 5.4 does not apply to you.

1. If you are not happy with your initial purchase of a Premium Plan, you may provide notice of cancellation for any reason within fourteen (14) days of having first ordered or activated such Premium Plan (the “Refund” and “Refund Period”). The Refund is applicable only to the initial purchase of a Premium Plan which is an upgrade of a free website. The Refund is not applicable to any additional purchases, upgrades, modifications or renewals of MedWeb Hosting Services. If you reside in a jurisdiction that requires a longer Refund Period, we will accommodate such requirements in accordance with all applicable laws. If MedWeb Hosting receives such notice within the Refund Period, MedWeb Hosting will refund to you the amount MedWeb Hosting charged you for such MedWeb Hosting Services, in the currency you were originally charged in, and cancel the services accordingly. Please note that the Refund amount may be different than the amount you were charged due to currency changes and third-party fees. MedWeb Hosting will not be responsible for any differences caused by a change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you will be non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given by a User in bad faith or in an illegitimate attempt to avoid payment for services received, we reserve our right to still charge the User for any MedWeb Hosting Services actually received, as permitted by the applicable law.

2. Please note: Certain services purchased on or through the MedWeb Hosting Services may be non-refundable altogether. These include Third Party Services such as domains, business tools and applications. The terms of each purchased service or application are indicated on the MedWeb Hosting Website and/or as part of or during the process of purchasing such services or applications. It is your responsibility to verify the ability to cancel a service prior to its purchase. MedWeb Hosting will not refund any amounts paid for non-refundable Paid Services, applications or Third-Party Services.

We are happy to offer a 14-day money-back guarantee for our monthly or annual paid services when first purchased. This may be extended according to the law. If you are a Reseller User and pay the Reseller, this Section does not apply to you.

Please carefully check the terms of each service before buying, since some services are non-refundable.

5.5. Chargebacks

If at any time, we record a decline, chargeback, or other rejection of a charge of any payable Fees due directly to MedWeb Hosting, on your MedWeb Hosting account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the MedWeb Hosting Services may be automatically disabled or terminated.

In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications and Third-Party Services may be subject to cancellation and Capacity Loss (as defined in Section 6.3 below).

Your use of the MedWeb Hosting Services will not resume until you re-subscribe for any such MedWeb Hosting Services, and pay any applicable Fees in full, including any fees and expenses incurred by MedWeb Hosting and/or any Third-Party Services for each Chargeback received (including Fees for MedWeb Hosting Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).

If you have any questions or concerns regarding a payment made by you to MedWeb Hosting, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the MedWeb Hosting Services from being canceled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the MedWeb Hosting Services purchased (and charged-back) by you.

We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and received or made use of the services rendered thereafter.

Chargebacks may bring us to cancel your account, so we urge you to avoid causing them. Please contact our Customer Support team before filing a chargeback. You will be responsible for any incorrect fees, losses and expenses that follow.

6. Cancellation

6.1. Cancellation by User

You may discontinue to use and request to cancel your User Account and/or any MedWeb Hosting Services with a 30-day notice, in accordance with the instructions available on the MedWeb Hosting Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the MedWeb Hosting Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ 30-day subscription period. Notwithstanding the aforesaid, any Paid Service (including Renewing Paid Services) purchased from a Reseller are subject to such cancellation terms as agreed between you and your Reseller.

Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Renewing Paid Services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge, the cancellation request should be made - if purchased directly from MedWeb Hosting,  at least fourteen (30) days prior to the expiration of the then-current service period, and if purchased and paid for to, a Reseller  - pursuant to the provisions of your agreement with the Reseller.

For more information about canceling the Paid Services you purchased from MedWeb Hosting, please visit MedWeb Hosting Help Center.

For information about canceling Paid Services, you purchased from a Reseller, please contact your Reseller.

You may cancel your account or any services at any time. Once we process your cancellation request, we will not charge you for any additional subscription renewals. Cancellation of Paid Service purchased from a Reseller are subject to terms agreed between you and your Reseller.

6.2. Cancellation by MedWeb Hosting

Failure to comply with any of the MedWeb Hosting Terms and/or to pay any due Fee shall entitle MedWeb Hosting, among other things, to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related MedWeb Hosting Services (e.g., Paid Services) or Third-Party Services to you.

If you open a User Account via a Reseller or purchase Paid Services from a Reseller, then MedWeb Hosting is entitled to suspend, terminate or block access to your User Account and User Platform (or certain features thereof) as well as to the provisioning of any related MedWeb Hosting Services or Third Party Services to you, also if: (a) MedWeb Hosting is requested to do so by your Reseller; or if (b) Reseller fails to pay MedWeb Hosting any amounts due to MedWeb Hosting pursuant to the Reseller Agreement. You consent to these suspension and termination rights and acknowledge and agree that MedWeb Hosting shall have no liability to you of any kind with respect to any such suspension or termination. Your sole recourse with respect to any such suspension or termination shall be against the Reseller.

If you violate any of these terms or fail to make timely payments, or if you are a Reseller User and we’re requested so by the Reseller or if the Reseller fails to pay us, we may suspend or cancel your account.

6.3. Loss of Data, Content and Capacity

If your User Account or any MedWeb Hosting Services or Third-Party Services related to your User Account are canceled (whether at your request or at MedWeb Hosting’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). MedWeb Hosting shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any MedWeb Hosting Services following their cancellation, as determined by MedWeb Hosting in its sole discretion.

Following the termination of your User Account or User Platform, MedWeb Hosting reserves the right to delete all data in the normal course of operation. Data cannot be recovered once your User Account or User Platform is terminated.

Your account or any of your services are cancelled, it may result in loss of content and data which cannot be recovered. You are responsible for backing up your data and materials.

7. E-Commerce

7.1. General

The MedWeb Hosting Services also include certain features which enable you to sell goods, content, media, event tickets and services through your Hosted Service (“User Products”, and collectively with MedWeb Hosting Services – “E-Commerce Hosting”).

You are solely responsible for your User Products and E-Commerce related activities, and any promotions and related Content contained or referred to in your plan, and compliance with any laws applicable thereto. We are merely providing the hosting for you to manage your online E-Commerce activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your User Products.

When someone purchases your User Products, the payments for such transactions will be processed through MedWeb Hosting through a third-party payment service provider (“Payment Provider(s)”).

You can use our services to sell your products, content, and services online.
You are responsible for all your sales activities, including your relationships with customers and any payment service providers.

7.2. Payment Providers

You acknowledge and agree that MedWeb Hosting will not be your default payment provider.

7.3. Video Services

As part of the MedWeb Hosting Services, MedWeb Hosting may provide video services (such as MedWeb Hosting Video or MedWeb Hosting Pro-Media Distribution Servers) for managing videos on User Platforms (the "Video Hosting Services").

The use of the video hosting services for your User Platform may require that you receive a license to use certain patents from MPEG–LA (the "License"). It is your own exclusive responsibility to decide whether your activity requires a License and to obtain it. Information about the License can be obtained from MPEG LA L.L.C.

In addition to the aforesaid and in Section 14 of these Terms of Use and without any limitation of liability, you shall fully indemnify, defend and hold MedWeb Hosting its officers, directors, shareholders, employees, affiliates and agents, harmless from any and all damages and costs, obligations, losses, liabilities debt and expenses (including attorneys’ fees), as accrued, that arise out of or are related to infringement and/or misuse of the patent pool under the MPEG-LA consortium.

If your needs require a more inclusive plan than those regularly offered by us, please contact our support team at: contactvideo@MedWebHosting.com.

Certain use of MedWeb Hosting Video Services may require a license for use of certain patents. You are obligated to verify whether you are obligated to obtain such a license.

You may need to obtain a license for certain online video activities. It is your responsibility to verify such a requirement and obtain such a license if required.

7.4. Third Party Services

The MedWeb Hosting Services enable you to engage, connect, further develop and procure certain third-party services, products and tools for enhancing your User Platform and your overall user experience, including, without limitation, domain registrars from which you may purchase a domain name for your User Website, third party applications and widgets offered via the MedWeb Hosting Website (including the MedWeb Hosting App Market), third party Licensed Content, media distribution services, E-Commerce Payment Providers, sellers of tangible products, third party designers who may assist you with your User Platform, external databases, code packages, etc. (collectively, “Third-party Services”).

You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled or integrated within certain MedWeb Hosting Services, offered separately by MedWeb Hosting or persons certified or authorized by MedWeb Hosting, connected independently by you or otherwise offered anywhere on the MedWeb Hosting Services), MedWeb Hosting merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. MedWeb Hosting will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third-party Services.

You acknowledge that such services may require the payment of additional amounts to MedWeb Hosting and/or to the providers of such Third-Party Services.

All use of such Third-party Services shall be made solely at your own risk and responsibility and may be subject to the legal and financial terms which govern such Third-Party Services, which you are encouraged to review before engaging with them.

If you use third-party services, tools, code, algorithms, databases, products, software, or goods while using our Services, you declare that you act in compliance with their terms of use. For example, if you use YouTube while using the Services, you must comply with the applicable YouTube terms and its privacy policy as in the effective version as of the date of use of such services.

While we hope to avoid such instances, MedWeb Hosting may, at any time and at its sole discretion, suspend, disable access to or remove from your User Account, User Platform(s) and/or the MedWeb Hosting Services, any Third Party Services – whether or not incorporated with or made part of your User Account and/or User Platform(s) at such time – without any liability to you or to any End Users.

Our services enable you to get various services and tools from third parties that are not affiliated with us.

Since we only act as an intermediary platform between you and such parties, only you will be responsible for your engagements with them.

We can remove services at any time, which may affect your website, user account or overall experience.

10. MedWeb Hosting Studio

As part of the MedWeb Hosting Services, you may register to MedWeb Hosting Studio and gain access to the MedWeb Hosting Studio workspace (“MedWeb Hosting Studio Workspace”). The MedWeb Hosting Studio Workspace is only available to Users who are agencies or freelancers that build sites or applications for others (including those building for enterprise clients). MedWeb Hosting reserves the right to disable or discontinue the use of MedWeb Hosting Studio Workspace for Users that do not meet the above criteria.

12. Misconduct and Copyrights

12.1. Misconduct and Abuse

When using MedWeb Hosting Services, you may be exposed to User Platforms, User Content or Third-Party Services from a variety of sources, which may be inaccurate, offensive, objectionable, or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against MedWeb Hosting with respect thereto.

If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the MedWeb Hosting Services, please immediately report such User and/or Third Party Service to us via this form. You agree that your report shall not impose any responsibility or liability upon MedWeb Hosting, and that MedWeb Hosting may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.

If you witness or experience any misconduct or abusive behavior by anyone using our services, please let us know.

12.2. Copyrights

MedWeb Hosting acts in accordance with its interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via this form, or otherwise provide the following information in writing to our designated Copyright Agent: (1) the contact details of the person authorized to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit MedWeb Hosting to locate the material (including URL address); (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

MedWeb Hosting’s Copyright Agent can be reached at the following address:

MedWeb Hosting Inc. Mailing Address:

7668 El Camino Real 104-624 Carlsbad, CA. 92009

Attn: Copyright Agent

E-mail: abuse@MedWebHosting.com

In the event that MedWeb Hosting receives notice regarding a copyright infringement related to your User Platform or User Website, it may cancel your User Account, take your User Platform down or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may file a proper counter-notice in accordance with Section 512 of the DMCA, in which you must include: (1) your full name, address, phone number and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) your consent to an appropriate judicial body; and (5) any other information required under the relevant provisions of the DMCA. Any notices filed pursuant to this Section 9 may be deemed accepted, applicable and compliant with the DMCA, or not, at MedWeb Hosting’s sole reasonable discretion. MedWeb Hosting reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.

We respect the intellectual property rights of others.

If your copyrighted works were used inappropriately by any of our users – please let us know and provide us with all the necessary information, and we will take care of it in accordance with the DMCA.

If we receive a copyright infringement notice regarding your website or content, we may remove or cancel your website and account.

13. Disclaimer of Warranties

We provide the MedWeb Hosting Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the MedWeb Hosting Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third-Party Services) mentioned on or made available via the MedWeb Hosting Services – so please be sure to verify those before using or otherwise engaging them.

MedWeb Hosting may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice.

Notwithstanding anything to the contrary in the foregoing, in no circumstances may MedWeb Hosting be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the MedWeb Hosting Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, MedWeb Hosting shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.

You acknowledge that there are risks in using the MedWeb Hosting Services and/or connecting and/or dealing with any Third Party Services through or in connection with MedWeb Hosting Services, and that MedWeb Hosting cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.

MedWeb Hosting does not recommend the use of the MedWeb Hosting Services for hosting personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.

Please note that certain MedWeb Hosting Services are currently offered in their BETA version and undergoing BETA testing. In addition to the aforesaid, you understand and agree that certain MedWeb Hosting Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the MedWeb Hosting Services at this BETA stage signifies your agreement to the above and to participate in such MedWeb Hosting Services’ BETA testing.

We make no warranties regarding our services, including their quality, reliability, security, compatibility, and conditions.

We may monitor and edit your website and content.

However, we are not to be considered a “publisher” of your content, we do not endorse your content, and will not be liable for any content used by you or anyone else.

There are risks in using our services or anyone else’s services. You accept such risks.

Some of our services are still in BETA and may contain bugs or experience interruptions

14. Limitation of Liability

To the fullest extent permitted by law in each applicable jurisdiction, MedWeb Hosting, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the MedWeb Hosting Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the MedWeb Hosting Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the MedWeb Hosting Services; (6) events beyond the reasonable control of MedWeb Hosting, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of MedWeb Hosting Services.

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for MedWeb Hosting’s services to you, and such limitations will apply even if MedWeb Hosting has been advised of the possibility of such liabilities.

Subject to applicable law, we will not be liable for any damages.

15. Indemnity

You agree to defend, indemnify and hold harmless MedWeb Hosting, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms of Use or any other MedWeb Hosting Terms; (2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the MedWeb Hosting Services, including, without limitation, MedWeb Hosting Services’ actions for your benefit; and/or (3) any other type of claim that your User Platform and/or User Content caused damage to a third party.

If we get sued or are otherwise placed in harm’s way because of something you did, you will bear the associated costs and damages.

16. General

16.1. Changes & Updates

MedWeb Hosting reserves the right to change, suspend or terminate any of the MedWeb Hosting Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the MedWeb Hosting Services (including removal of any materials created by you in connection with the MedWeb Hosting Services) for any reason and/or change any of the MedWeb Hosting Terms with or without prior notice - at any time and in any manner.

You agree that MedWeb Hosting will not be liable to you or to any third party for any modification, suspension, or discontinuance of those MedWeb Hosting Services (or materials, content or services created, developed or connected by you in connection with the MedWeb Hosting Services).

If any such changes involve the payment of additional or higher Fees, we will provide you with a notice regarding such additional or higher Fees prior to enabling such specific changes. If you fail or refuse to pay such additional or higher Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current MedWeb Hosting Services without enabling such changes, or provide you with alternative Services.

We may make changes to our services or to these terms at any time.

16.2. Governing Law & Jurisdiction; Class Action Waiver

You expressly acknowledge and agree that MedWeb Hosting shall have the right to enforce these Terms of Use against you.

The MedWeb Hosting Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the MedWeb Hosting Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the MedWeb Hosting Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of California, without respect to its conflict of laws principles.

Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in San Diego, California. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

Subject to any applicable law, all disputes between you and MedWeb Hosting shall only be resolved on an individual basis and you shall not have the right to bring any claim against MedWeb Hosting as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).

Notwithstanding anything to the contrary in this Section 15.2, if you are located in the United States of America, (i) the legal jurisdiction governing all aspects of the payment transaction contemplated by Section 5 between you and MedWeb Hosting will be the State of California without respect to its conflict of laws principles, and (ii) any and all claims and disputes related to such payment transaction contemplated by Section 5 shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in San Diego, California.

16.3. Notices

We may provide you with notices in any of the following methods: (1) via the MedWeb Hosting Services, including by a banner or pop-up within the MedWeb Hosting Website, User Account, or elsewhere; (2) by an e-mail, sent to the e-mail address you provided us; (3) if you are a Reseller User then via your Reseller; and/or (4) through any other means, including any phone number or physical address you provided us. MedWeb Hosting’s notice to you or to your Reseller will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods unless otherwise indicated in the notice.

16.4. Relationship

The MedWeb Hosting Terms, and your use of the MedWeb Hosting Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between MedWeb Hosting and you.

We may provide you (or your Reseller, if you are a Reseller User) with notices via our services, by e-mail or through any other contact means you provided us.

Accepting these terms and services does not form a partnership or any special relationship between us.

16.5. Entire Agreement

These Terms of Use, together with the MedWeb Hosting Terms and any other legal or fee notices provided to you by MedWeb Hosting, shall constitute the entire agreement between you and MedWeb Hosting concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between MedWeb Hosting and you, including those made by or between any of our respective representatives, with respect to any of the MedWeb Hosting Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure, or duty of disclosure of MedWeb Hosting in entering into any of the MedWeb Hosting Terms.

These terms (together with additional terms) shall constitute the sole and entire agreement between us.

16.6. Assignment

1. MedWeb Hosting may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the MedWeb Hosting Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of MedWeb Hosting. Any attempted or actual assignment thereof without MedWeb Hosting’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section ‎15.6 shall not in itself grant either MedWeb Hosting or you the right to cancel any MedWeb Hosting Services or Third-Party Services then in effect.

2. If you are a Reseller User, then your subscription with the Reseller with respect to your User Account or User Platform (or any part thereof) may be assigned to MedWeb Hosting. You agree that if your subscription (or any part thereof) to a MedWeb Hosting User Account or User Platform with the Reseller is assigned to MedWeb Hosting, your continued rights to access and use your User Account and User Platform will be subject to these Terms of Use, in their entirety (as may be amended from time to time) and you consent to the full application of these Terms of Use, including without limitation, the billing and payment provisions contained herein. You agree that following any such assignment, you shall, upon request by MedWeb Hosting, provide such information as is required to secure payment for any Paid Services commencing after such assignment.

We may assign our rights and obligations to other parties. You may only do so with our prior written consent.
If you are a Reseller User your User Account may be assigned to MedWeb Hosting. In such a case, if you’d like to continue to use your User Account - you agree to be bound by MedWeb Hosting Terms of Use and to provide MedWeb Hosting with any required information to secure payment for any Paid Services you purchase.

16.7. Severability & Waivers

If any provision of the MedWeb Hosting Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the MedWeb Hosting Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

These terms are independent from each other in case any of them is found invalid.

16.8. Interpretation

Any heading, caption or section title contained herein, and any explanation or summary under the right column, is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.

These Terms of Use were written in English and translated into other languages for your convenience. You may access and view other language versions by changing your MedWeb Hosting Website language settings. If a translated (non-English) version of these Terms of Use conflicts in any way with their English version, the provisions of the English version shall prevail.

Only the left column is legally binding (this column is just for clarity).

Translated (non-English) versions of these terms are provided for convenience only.

16.9. Customer Service Contact

To get in touch with our Customer Service - please use any of the options listed below:

Go to MedWeb Hosting Help Center which is available at: https://support.MedWeb Hosting.com/