Terms and Conditions
This Terms of Service (this "Agreement") is between Foxspin LLC ("we", "us", "System" "foxspin.com" or "Foxspin") and the person using our services ("You", "Member", "User" or "Customer"). We provide you with access to our System that helps you create websites, manage their content and customization as well as hosting services and domains. Listed below are the terms and conditions of using our System. They are necessary in order to maintain a good practice and protect us and yourselves.
1.Creating an account
To enter the System you need to provide a name, email and a password and to agree to the terms and conditions listed below. You will be given a unique Foxspin URL for each of the websites you create. It is your responsibility and yours only to keep and maintain the safety of your account and password. If the information given by you is untrue, wrongful or in violation of our terms, we can suspend or terminate your account. The email used for the registration of the account is considered as the owner of the account and has the right to request assistance from us regarding the account.
2. Your Content
You are responsible for any content that is in your website such as images, videos, audio files, design elements, logos, fonts, texts and more. We are not responsible for any of your content. We are also not responsible for content that has been lost because of the use of Foxspin LLC, it is your obligation to keep safe and back-up regularly your content. We do not monitor what content has been used in a website and we are not to be held responsible for anyone breaking the terms and conditions but we have the right to delete such harmful content or even terminate accounts if so.
You own all intellectual property associated with your account such as images, videos, audio files, design elements, logos, fonts, texts and any other materials and files created by you and existing on your website. You hereby grant Foxspin LLC the non-exclusive, royalty-free, unalterable, interchangeable rights to your website content in order for Us to provide you with Foxspin LLC's Services.
3. Your Obligations
a) You certify and warrant that you are at least 13 years of age. People under the age of 13 are not permitted to use our services.
b) To keep your Foxspin LLC account login information safe.
c) To provide us with up to date, accurate and valid personal information at all times.
d) You own the rights to any content uploaded by you on your website, including images, videos, audio files, design elements, logos, fonts, texts and anything that you do have the rights to use.
e) The content materials cannot be used in unlawful or harmful way.
f) You must notify us immediately if you become aware of any unauthorized use of your account.
g) Your content must not be illegal, unlawful, threatening, abusive, harassing, tortuous, vulgar or obscene in any way, must not infringe any person's legal rights.
h) You may not send unsolicited messages (SPAM) or any unethical advertising of such sort that is considered as "spam" or harmful in any way.
i) You should not upload viruses, worms, Trojan horses or any other malicious code, files, or programs that may interrupt, destroy, or limit the functions and services of Foxspin LLC.
j) You may not upload content that contains scam.
k) You may not try to hack, break or override the functions and stability of Foxspin LLC or try to exploit the System in any way.
l) You may not use the System to create any scam websites and promotions with misleading content that can harm or scam visitors.
m) You may not use Foxspin LLC for distributing, storing or, in any way, using the System for pornographic or adult content and services.
You acknowledge and agree that If you are reasonably found guilty of violating of any of these rules and obligations, this may cause immediate termination of your account with no refund for the services that has already been payed for. You may also be forbidden from having an account in the System.
4. What we provide
Foxspin LLC provides a website building system,templates (themes), website hosting from third party company and domain registration from third party company. The images used for the creation of the mockup themes are released under Creative Commons CC0 (https://creativecommons.org/publicdomain/zero/1.0/deed.en). Foxspin LLC does not hold any rights to images used for the creation of the themes.
5. Trial Subscription
Foxspin LLC provides a 14 day trial to all newly created websites and you can use the services according to the Agreement for the period of those 14 days. Upon completion of those 14 days the website will become non-active until the User subscribe for the paid Foxspin LLC services. Trial period is permitted for you, the User, to be able to test and create a website to your likes before committing a paid subscription. Foxspin LLC has the right to terminate or cancel trial subscriptions in any time for any reasons.
6. Service Fees
a) Service fees are applicable upon signing for the paid services of Foxspin LLC that can be monthly or yearly.
b) All Fees are in USD and are exclusive of all taxes and you are responsible for payment thereof. Foxspin LLC is not liable for any taxes or fees related with commercial products.
c) The payment for the applicable fee is in advance of your subscription period according to the Agreement.
d) You can upgrade or downgrade at anytime. If upgrading, you will be charged the difference between the two subscription plans for the extra services. Downgrade refunds are applicable only for yearly subscriptions, up to 14 days after the subscription is made. There are NO refunds for monthly downgrades. If downgrading from a yearly subscription, a calculated amount will be refunded to you according to the actual service fees of the two subscription services. Downgrading may cause a loss of information and services due to the difference between the plans. There are refund for monthly downgrades.
e) Refunds are allowed only for yearly subscriptions and up to 14 days after the subscription is made. If such refund is issued by the User, he will be refunded the full amount he has paid. The refund amount might be subject to transfer taxes that will be for the cost of the User and will be transferred to the card used for paying the initial subscription cost. Cash refunds are NOT applicable for "Combo Deals" or "Exclusive Deals" (Custom design and development).
f) If a custom domain is claimed with a yearly subscription and the Customer cancels their services in the 14 day refund period, the full amount of the domain will be deducted of the refunded amount.
g) At the end of a contract term, the services will be automatically renewed for the same period until EXPLICITLY canceled by the User. Cancellation must be made via the System and at least 24 hours prior to the end of the contract period.
h) If you purchase Foxspin LLC subscription services, you agree to Foxspin LLC and third-party services to use and store your credit/debit card information. You authorize us to charge you for any Foxspin LLC Services that you may purchase and any applicable taxes connected with the payment card services. You will reimburse us for all collection costs and interest for any overdue amounts. If the payment card expires or you do not provide us with a new payment card nor cancel your subscription, you authorize us to continue billing you and you will remain responsible for any uncollected Fees.
i) You are responsible for the fair usage of your website and you can be charged for abnormal server or traffic usage on our unlimited subscription plans. You will be charged for the resources used by your website.
7. Service Cancellation
Failure to comply with any of Foxspin LLC's terms or pay due fees you entitle Foxspin LLC to cancel or suspend your account services and website. You can cancel your services at any time, no questions asked.
a) Services can be terminated by us at any time without a cause.
b) You can terminate your services at any time without a cause according to the cancellation procedures.
c) If the Agreement terms are valuated it may result in penalties or immediate termination of services without payment refund in any way.
d) Upon termination Foxspin LLC has the right to delete all files, data or information associated with the terminated account.
With subscribing for yearly subscription, you have the right to claim a free custom domain (only for the first year of annual subscription). All domains are brought to you by third party companies partnering with us to provide such service. By claiming a domain you are agreeing with the domain register company's terms and conditions and our participation in the purchasing of the domain.
If you issue a refund and claimed a free custom domain you will be charged $20. The fee will be taken from the refund sum. Transferring domain might be subject to further fees from the third party domain provider.
You are the legal and rightful owner of the registered domain. Your domain registration will be automatically renewed with each yearly payment according to our price plan, unless cancelled from the admin panel or by contacting a support representative of Foxspin LLC.
Once a register of a domain is made, it is final and there cannot be a refund or change of domains.
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under 13, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation's consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online. We do not specifically market to children under 13.
10. WARRANTY AND DISCLAIMER
Foxspin LLC LLC shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Foxspin LLC or by third-party providers, or because of other causes beyond Foxspin LLC's reasonable control, but Foxspin LLC shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, FOXSPIN LLC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED "AS IS" AND FOXSPIN LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Foxspin LLC shall hold Customer harmless from liability to third parties resulting from infringement by the Service of any United States patent or any copyright or misappropriation of any trade secret, provided Foxspin LLC is promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement; Foxspin LLC will not be responsible for any settlement it does not approve in writing. The foregoing obligations do not apply with respect to portions or components of the Service (i) not supplied by Foxspin LLC, (ii) made in whole or in part in accordance with Customer specifications, (iii) that are modified after delivery by Foxspin LLC, (iv) combined with other products, processes or materials where the alleged infringement relates to such combination, (v) where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) where Customer's use of the Service is not strictly in accordance with this Agreement. If, due to a claim of infringement, the Services are held by a court of competent jurisdiction to be or are believed by Foxspin LLC to be infringing, Foxspin LLC may, at its option and expense (a) replace or modify the Service to be non-infringing provided that such modification or replacement contains substantially similar features and functionality, (b) obtain for Customer a license to continue using the Service, or (c) if neither of the foregoing is commercially practicable, terminate this Agreement and Customer's rights hereunder and provide Customer a refund of any prepaid, unused fees for the Service.
12. LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, FOXSPIN LLC AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND FOXSPIN LLC'S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO FOXSPIN LLC FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FOXSPIN LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Modifications of the Service. Foxspin LLC may make modifications and changes on the existing services or components and will use reasonable efforts to notify all it's Customers about those changes. The changes are effective upon the date of the change. Foxspin LLC shall not be liable for modifications and actions of third party services.
Modifications to the Agreement and the Fees may occur. You will be notified prior to those changes being applied to your account. If you refuse or fail to pay such fees we will cancel your subscription.
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Customer except with Foxspin LLC's prior written consent. Foxspin LLC may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind Foxspin LLC in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorney's fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by the Bulgarian laws without regard to its conflict of laws provisions.
Foxspin LLC Mobile App Terms of Service
By using the Foxspin.com web site ("Service"), all services of Foxspin LLC, "Foxspin.com", Foxspin, you are agreeing to be bound by the following terms and conditions ("Terms of Service").
Foxspin LLC reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, are subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account. While Foxspin LLC prohibits such conduct and Content on the Service, you understand and agree that Foxspin LLC cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
" You must be 13 years or older to use this Service.
" You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
" You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
" You are responsible for maintaining the security of your account and password. Foxspin LLC cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
" You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).
" You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payments and Refund Terms
A valid credit card is required.
There will be no refunds or credits for setup fees after the app has been setup, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
Foxspin LLC will use commercially reasonable efforts to have the application approved by the appropriate mobile platform provider. Although there is a high likelihood of approval, we do not and cannot guarantee acceptance. If your application is denied by the appropriate mobile platform provider you may only then you can request for refund of the setup fee. Our goal is always to make sure our clients are satisfied.
Cancellation and Termination
You are solely responsible for properly canceling your account.
Account cancellation requests submitted by email will be honored. In order to cancel your account, you must email email@example.com to cancel your account.
All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
Foxspin LLC, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Foxspin LLC service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
Foxspin LLC reserves the right to refuse service to anyone for any reason at any time.
Upon cancellation, Foxspin LLC holds the right to either take down the app completely from the app store or use our disabled screen background image for your app. The disabled screen with be a general graphic with text reading "This app is no longer being maintained, Contact the business owner." or similar message.
Modifications to the Service and Prices
Foxspin LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Foxspin LLC shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
From time to time, Foxspin LLC may issue an update to the Foxspin LLC application which may add, modify, and/or remove features from the application. These updates may be pushed out automatically with little or no notice, although Foxspin LLC will do everything in its power to notify you in advance of an upcoming update, including details on what the update includes.
Copyright and Content Ownership
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by using the Foxspin LLC application to create your mobile application, you agree to allow others to view and share your Content.
Foxspin LLC does not pre-screen Content, but Foxspin LLC and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
The look and feel of the Service is copyright 2018 Foxspin LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Foxspin LLC.
Foxspin LLC may make certain software available to you through the Service. If you download or otherwise use the software from the Service, the software, including all files and images contained in or generated by the software, look and feel, HTML/CSS, visual design elements, and accompanying data (collectively, "Software") are deemed to be licensed to you by Foxspin LLC, for your personal and noncommercial use only. Foxspin LLC does not transfer either the title or the intellectual property rights to the Software, and Foxspin LLC retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.
You grant Foxspin LLC a license to use the materials you post to the Services. By posting, downloading, displaying, performing, transmitting, or otherwise distributing user content to the Service, you are granting Foxspin LLC, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use user content in connection with the operation of Foxspin LLC, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat user content. You will not be compensated for any user content. By posting user content on the Service, you warrant and represent that you own the rights to the user content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute user content.
When accessing or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party's copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any content you provide, post, or transmit, or that is provided or transmitted using your user name or user ID. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.
All Foxspin LLC content is copyright 2018 Foxspin LLC.
Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
Technical support is available via email. The technical support email address is firstname.lastname@example.org.
You authorize the Company to use, reuse, and to grant others the right to use and reuse, your Content, and any reproduction or simulation thereof, in any form of media or technology now known or hereafter developed, both during and after your use of the Services, for any purposes related to the Service.
You understand that Foxspin LLC uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other Foxspin LLC service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Foxspin LLC.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Foxspin LLC customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
You must not transmit any worms or viruses or any code of a destructive nature.
Foxspin LLC does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that Foxspin LLC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Foxspin LLC has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of Foxspin LLC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Foxspin LLC and govern your use of the Service, superseding any prior agreements between you and Foxspin LLC (including, but not limited to, any prior versions of the Terms of Service).
In no event shall Foxspin LLC liability to you exceed the amount actually paid to Foxspin LLC by you during the preceding 12 months.