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TERMS AND CONDITIONS

TERMS AND CONDITIONS

Welcome to dConfig.com’s Terms and Conditions! 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 in order to protect both you and us, and to make our services possible and more enjoyable for everyone.

1Our Purpose:

Our services are designed to allow people from all over the world to easily create a beautiful and engaging online presence for themselves, to manage and promote their businesses, content and ideas, and overall have a great experience doing so.
dConfig’s basic version is free, and we offer paid upgrades for advanced features such as custom domains, more storage, more bandwidth and more apps.
And also to give our users as much control and ownership over what goes on their websites as possible and encourage them to express themselvies freely.
We provide our users with numerous tools and features for creating and publishing stunning websites, online stores, newsletters, galleries and other applications – by utilizing their own content together with content and features offered by dConfig.

2User Account:

Use of our Services requires a dConfig.com account. You agree to provide us with complete and accurate information when you register for an account.
You are responsible for keeping your password secure. If anyone other than yourself accesses your User Account and/or any of your User Websites’ settings, they may perform any actions available to you and all such activities will be deemed to have occurred on your behalf and in your name.
Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access 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 Websites (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.

3You undertake and agree to:

1. You must comply with all applicable laws.
2. You will be responsible for your actions and for the actions of anyone who accesses your user account or website settings.
3. Regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Website, including with respect to End Users, User Products, and any applications and/or Third Party Services used by you.
4. Receive from time to time promotional messages and materials from dConfig 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 just notify us at any time;
5. You can easily opt-out of receiving promotional messages by contacting us.
6. You allow us to use your website for our promotional activities, and to determine the manner in which the services will be performed.

4You represent and warrant that:

1. you understand that dConfig 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:
2. you own all rights in and to any content uploaded by you (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, 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 use, publish, transfer or license any and all rights and interests in and to such User Content;
3. the User Content is true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to possess, post, transmit or display in the country in which you or your User Website’s visitors and users (“End Users”) reside, or for dConfig and/or your End Users to use or possess in connection with the dConfig Services;

5You 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 dConfig Website, the dConfig Services (or any part thereof), any Content offered by dConfig or Third Party Services for use and display within User Websites (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without dConfig’s prior written and specific consent and/or as expressly permitted under the dConfig Terms;
2. misrepresentations or abuse our Services, or otherwise violate anyone’s rights or any applicable laws;
3. 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 dConfig Services (or its data), or in any way reproduce or circumvent the navigational structure or presentation of any of the dConfig Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the dConfig Services;
4. act in a manner which might be perceived as damaging to dConfig’s reputation and goodwill or which may bring dConfig into disrepute or harm;
5. impersonate any person or entity or provide false information on the dConfig Services and/or User Website, 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 dConfig and/or any End Users;

6You agree and undertake not to:

6. falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that dConfig or any third party endorses you, your User Website, your business, your User Products, or any statement you make;
7. reverse look-up, trace, or seek to trace another User of dConfig 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 dConfig Services and/or User Website without their express and informed consent;
8. disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the dConfig Services, User Website, the account of another User(s), or any other systems or networks connected to the dConfig Services, by hacking, password mining, or other illegitimate or prohibited means;
9. probe, scan, or test the vulnerability of the dConfig Services or any network connected to the dConfig Services;
10. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the dConfig Services or dConfig’s systems or networks connected to the dConfig Services, or otherwise interfere with or disrupt the operation of any of the dConfig 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;
11. sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or dConfig Services, except as expressly permitted by the dConfig Terms;
You acknowledge and agree that your failure to abide by any of these rules may bring us to cancel your account and stop providing you with any services.

7Content and Ownership

• You own all rights to your content. We may handle your content in order to provide you with our services.
• 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.
• We welcome any form of feedback or suggestions. If you do provide us with any, please make sure that it is accurate and legal.

8Paid Services

Some of our services cost money. We will let you know how much beforehand
All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing By dConfig
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 dConfig Services, or to any payments or purchases made by you.
Invoices for our paid services will be available in your user account.

9Subscription Auto-Renewals

In order to ensure that you do not experience any interruption or loss of services due to the lapse of any particular subscription period, the dConfig Services operate with automatic renewal, on a recurring-fees basis.
Accordingly, where applicable, dConfig will attempt to automatically renew the applicable dConfig Service(s) for a renewal period equal in time to the original subscription period for such Service, and automatically charge you the applicable Fees using the payment method you have on file with dConfig. Some services whether on purpose or mistake may not automatically renew.
You should make sure that your subscriptions are renewed in time.

10Money-Back Guarantee:

If you are not satisfied with dConfig Services that are subject to a Fee for a period of service or subscription commitment and which is your initial purchase of such service, you may provide notice of cancellation for any reason within fourteen (14) days of having first ordered or activated such dConfig Services (the “Refund” and “Refund Period”). The Refund is applicable only to the initial purchase of dConfig services which is an upgrading of a free website by purchasing a Premium Plan (as offered on the dConfig Website). The Refund is not applicable to any additional purchases, upgrades, modification or renewals of dConfig Services. If you reside in a jurisdiction which requires a longer Refund Period, we will of course be happy to accommodate such requirements in accordance with all applicable laws Please note that the Refund amount may be different than the amount you were charged due to currency changes and third party fees.
Please carefully check the terms of each service before buying, since some services are non-refundable.

11Chargebacks:

If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your dConfig account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the dConfig 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.

12Cancellation

  • 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. 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 at least fourteen (14) days prior to the expiration of the current service period.
  • If you violate any of these terms or fail to make timely payments, we may suspend or cancel your account.
  • If your account or any of your services are cancelled, it may result in loss of content and data. You are responsible to backup your data and materials.

13E-Commerce

You can use our services to sell your products, content and services online.
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 User Website, and compliance with any laws applicable thereto. We are merely providing the platform 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, such transaction’s payments will be processed through such third party payment service providers with which you decided to register and set up an account (“E-Commerce Service Provider(s)”), in accordance with such E-commerce Service Provider’s terms of service and other applicable policies.
You may not offer or sell any User Products, or provide any information, Content or material regarding User Products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export;

14Third Party Services:

The dConfig Services enable you to engage and procure certain third party services and tools for enhancing your User Website and your overall user experience, including domain registrars from which you may purchase a domain name for your User Website, third party applications and widgets offered via the dConfig Website (including the dConfig App Market), third party Licensed Content, media distribution services, E-Commerce Service Providers, third party designers who may assist you with your User Website, You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you , dConfig 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.dConfig 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. Any and all use of such Third Party Services shall be done solely at your own risk and responsibility, and may be subject to such legal terms which govern such Third Party Services, which you are encouraged to review before engaging with them. While we hope to avoid such instances, dConfig may, at any time and at its sole discretion, suspend, disable access to or remove from your User Account, User Website(s) and/or the dConfig Services, any Third Party Services – whether or not incorporated with or made part of your User Account and/or User Website(s) at such time – without any liability to you or to any End Users.

15Disclaimer of Warranties:

We provide the dConfig 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 dConfig 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 dConfig Services – so please be sure to verify those before using or otherwise engaging them.
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.
You acknowledge that there are risks in using the dConfig Services and/or connecting and/or dealing with any Third Party Services through or in connection with dConfig Services, and that dConfig 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.
dConfig does not recommend the use of the dConfig Services for hosting of 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 dConfig Services are currently offered in their BETA version, and undergoing BETA testing. You understand and agree that certain dConfig Services may still contain software bugs, suffer disruptions and not operate as intended or designated.

16Misconduct and Copyrights

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

17Limitation of Liability and Indemnity:

• To the fullest extent permitted by law in each applicable jurisdiction, dConfig, 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.
• 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.

18General

dConfig may change, suspend or terminate any of the dConfig Services and/or change any of the dConfig Terms - at any time and in any manner.
Such changes may become effective upon notice to you .
If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes.
If you fail or refuse to pay such Fees, we may cancel your User Account.

19Changes & Updates

These terms (together with our Privacy Policy and additional terms) shall constitute the sole and entire agreement between us.
We may assign our rights and obligations to other parties. You may only do so with our prior written consent.
dConfig may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the dConfig 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 dConfig. Any attempted or actual assignment thereof without dConfig’s prior explicit and written consent will be null and void.
Translated (non-English) versions of these terms are provided for convenience only.

20Customer Service Contact

To get in touch with our Customer Service - please use any of the options listed below:
1. Send an email message to: [email protected]
2. By Phone: CA: +1-(587)-333-1315 / TR: +90-(212)-803-2071