Terms of Service (TOS)
Last update was on June 25, 2018.
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- Terms of Service (TOS)
- Registration
- Service
- Privacy Policy
- Security
- Payments
- Builder & CMS
- Owner Content
- Ecommerce
- Cancellation, Termination & Changes in Service
- Refund Policy
- Third Parties
- Domain Names
- Email Marketing
- Notifications
- Hold Harmless
- Disclaimer of Warranties
- Limitation of Liability
- Reports of Abuse
- TOS Change Log
1. Terms of Service (TOS)
Welcome to the Best Way Websites (pajezy.com, inc) website builder and content management system's (CMS) service (Service). Your use and access to all of our services that are available through the website and other associated domains is subject to the following Terms of Service (TOS). These TOS are the entire agreement between you and Best Way Websites and/or any of its affiliates, licensees or subsidiaries.
UNACCEPTABLE CONTENT
We do NOT allow the following on Best Way Websites or any of our Private Label Licensee's Sites (Private label sites will also show the Best Way Website's cobrand):
- Adult Content: sites that display human nudity photos, videos or sexually explicit text
- Copyrighted Content: media to which you do NOT own the rights. Note: you cannot legally copy images from other sites. You MUST purchase the rights to use them in advance.
- File Hosting & Sharing: we do NOT provide service to sites whose primary business is file uploading and downloading --- of ANY type.
- Hate Speech: content that promotes violence and/or incites hatred against individuals or groups such as: race, religion, ethnicity, gender, or sexual orientation and others.
- Illegal Content: content which may be illegal in the United States or under the laws of other countries as well as sites that offer or sell items that are illegal such as: weapons, counterfeit, stolen, fraudulent, infringing, violate rights of privacy/publicity, offensive, pornographic, or manufactured/intended to be weapons.
- Phishing: sites that mimic business now their own or attempt to deceive visitors into providing their usernames and passwords for third party sites.
- Shams or Scams: get rich quick scams, pyramid or dubious MLM schemes and such like.
These TOS apply to all registered users, regardless of whether they are in a free trial or a paying client account owner.
By using the Service in any way, you agree to and accept these TOS, our Privacy Policy, and any other legal notices or guidelines posted on the Site. If you are using our Service for an organization, you are agreeing to these TOS on behalf of that organization.
If you cannot accept and agree to these TOS, do not use the Service.
We do not allow the use of a Best Way Websites account if you are not legally capable of entering into a contractual agreement.
If you are a minor, unless you have been legally emancipated, you may only create or use a Best Way Websites account with the supervision and consent of a parent or guardian or alternatively through a special student account created by a teacher, provided the teacher has obtained signed consent from your parent or guardian and this signed consent has been submitted to and received by Best Way Websites.
2. Registration
To register as a Client Account Owner, you must complete both a Personal Profile and a Business Profile in the registration process. Doing so includes providing us with a valid email address and other personal information (Registration Information). You will select a password for your account during the registration process and you will issued a unique Best Way Websites UserID.
You are responsible for maintaining the confidentiality of your password and account and for all other activities that occur within your account. DO NOT SHARE YOUR LOGIN CREDENTIALS WITH ANYONE. IF YOU HAVE OTHERS WITHIN YOUR COMPANY OR CONTRACTORS ASSISTING YOU WITH YOUR ACCOUNT, ASSIGN THEM THEIR OWN USERNAMES AND PASSWORDS VIA THE CMS.
In consideration of use of the Service, you agree to maintain and update true, accurate, current and complete Registration Information. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Best Way Websites has reason to suspect that your provided information is untrue, inaccurate incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Service.
3. Service
Our Service is web-based and allows users who register for an account (Client Account Owner) to create and update an web site on our server. Once registered, each Client Account Owner receives his or her own Website and may post "Owner Content". Any new features on the Service, including the release of new Best Way Websites tools and resources, shall be subject to these TOS.
Use of the Service requires access to the Internet that is NOT provided by Best Way Websites and a device to connect to the internet (computer or other internet-capable device).
The Service will include certain communications from us that are a vital part of Best Way Websites Service. You may only access the Service by the means supplied by Best Way Websites (primarily our Support Center which you will access via your login).
ALERTS will be posted at the top of the CMS and you will also receive notifications of communications from Best Way Websites via email (to the email address that you supply) and/or SMS. You control this communication method via the CMS. The email communication is required and receiving notifications via SMS are available as well if you elect to receive them.
YOU ARE RESPONSIBLE to avail yourself of these alerts by regularly logging in to the CMS. Although our systems are reliable, we cannot guarantee the successful delivery of messages via email or SMS. You should regularly login and you will see Alerts for messages from Best Way Websites prominently displayed at the top of your CMS dashboard.
4. Privacy Policy
Our Privacy Policy describes how we collect, protect, and use your Registration Information and other information that you provide to us. You should read our Privacy Policy, and make your decisions accordingly. Our Privacy Policy is a part of these TOS.
5. Security
You are responsible for maintaining the security of your account and web site, for all activities that occur or actions taken under the account or in connection with the web site. You agree to immediately notify us via our support ticket system of any unauthorized uses of the account or any other breaches of security. We will not be liable for any loss or damage from your failure to comply with this security obligation.
Acts or Omissions
You acknowledge and agree that under no circumstances will Best Way Websites or any of its affiliates, subsidiaries, officers, directors, or employees be liable, in any way, for any of your acts or omissions or those of any third party, including damages of any kind incurred as a result of such acts or omissions.
6. Payments
We offer monthly and annual contractual agreement at Best Way Websites.
You authorize us to make all necessary inquiries to validate your account and financial information.
All Fees are in USD and are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for their payment(s). If you purchase any Services that we offer for a Fee, you consent to Best Way Websites, or our third party service providers, storing your payment card information and you authorize us to charge you (a) any Fees for Services you may purchase, and (b) any applicable taxes in connection with your use of the Services to the payment card you provide, and you will reimburse us for all costs associated with the collection of any overdue amounts, including any penalties and/or interest due for the same.
If the payment card you provide expires and you do not provide new payment card information or cancel your account, you authorize us to continue billing you and you will remain responsible for any uncollected Fees.
Your account will automatically renew on your monthly or annual anniversary date and will become immediately due. You agree that Best Way Websites will attempt to pay your uncollected fees as they come due: immediately, monthly and/or annually.
7. Builder & CMS
Best Way Websites is a proprietary website generator (building platform) and CMS (Content Management System) program. All coding and scripts, trademarks, sales marks, logos and slogans, and taglines ("Electronic Files and Services") are the property of Best Way Websites.
No portion of any content published on Best Way Websites or any of its sub-domains may be copied, reproduced, displayed, transmitted, or otherwise used for any purpose. We also reserve all rights not expressly granted in these TOS.
Electronic Files and Services also includes all confidential and proprietary software used in connection with the Best Way Websites program.
You may not sell, assign or sub-license, or otherwise attempt to transfer any right in the Electronic Files and Services OR create any derivative works based on or in any manner commercially exploit the Electronic Files and Services, in whole or in part.
Any use of the Electronic Files and Services for any purpose other than as specifically permitted herein.
8. Owner Content
Best Way Websites does not claim ownership of your Content, we only provide the Service that enables you to publish it to the world wide web.
All information: text, data, images, files, etc., and other materials you post on a web site via our Service are the sole property of the content originator. You are responsible for all Content that you upload, post, transmit or otherwise make available via the Service.
Content Back Ups
You are responsible to backup your content.
Ownership of Your Website Content
The website(s) that you create and/or maintain using the Best Way Websites CMS are your property and you own the resulting copyright of your own content. If your account is cancelled or terminated (by you or by Best Way Websites), you have the right to a copy of your site and you may find another website host for your site.
With any paid subscription, websites developed with the Best Way Websites CMS are published via FTP to a separate server. You may also copy your site from the hosting server and upload it to any other website hosting server that supports current programming. (Old or outdated servers may not work).
UNACCEPTABLE CONTENT
We do NOT allow the following on Best Way Websites or any of our Private Label Licensee's Sites (Private label sites will also show the Best Way Website's cobrand):
- Adult Content: sites that display human nudity photos, videos or sexually explicit text
- Copyrighted Content: media to which you do NOT own the rights. Note: you cannot legally copy images from other sites. You MUST purchase the rights to use them in advance.
- File Hosting & Sharing: we do NOT provide service to sites whose primary business is file uploading and downloading --- of ANY type.
- Hate Speech: content that promotes violence and/or incites hatred against individuals or groups such as: race, religion, ethnicity, gender, or sexual orientation and others.
- Illegal Content: content which may be illegal in the United States or under the laws of other countries as well as sites that offer or sell items that are illegal such as: weapons, counterfeit, stolen, fraudulent, infringing, violate rights of privacy/publicity, offensive, pornographic, or manufactured/intended to be weapons.
- Phishing: sites that mimic business now their own or attempt to deceive visitors into providing their usernames and passwords for third party sites.
- Shams or Scams: get rich quick scams, pyramid or dubious MLM schemes and such like.
We shall also have the right to remove any Content that violates these TOS or is otherwise objectionable in our sole discretion.
You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(1) enforce these TOS,
(2) comply with legitimate legal requests or mandates,
(3) respond to Content violation claims t of third-parties, and
(4) protect our property, rights, and personal safety as well as those of our users and the public at large.
The creation, processing and transmission of our Service, including Content, may involve and/or require (a) transmissions over internal and external networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
We reserve the right to terminate any account or user without notice that is in violation any of the above prohibitions.
9. Ecommerce
You may decide to sell or purchase goods and services online (ecommerce) through sites hosted or designed by Best Way Websites (“Products and Services”). We are only providing the platform for buyers and sellers to conduct transactions for these Products and Services. In order to sell through Best Way Websites, you must be 18 years or older or at least the age of majority where you reside or from where you use our Services.
We reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a copy of your driver's license or other government issued ID, a copy of your business license, or the last four digits of the credit card on file as well as other information that we may require to ensure security.
Payment Processors (Online & Real Time)
When a buyer purchases Products and Services, payments will be processed through a third party payment processor. Best Way Websites neither provides a gateway nor electronic payment processing.
These third party service providers are governed solely by their own TOS policies and privacy policies and we are not responsible for their policies or their enforcement.
YOU MUST NOT offer or sell any Products and Services that violate the Best Way Websites TOS.
10. Changes, Cancellation & Termination
Your Right to Cancel
You may cancel your service at any time by logging in to your account. Cancellation of your service terminates your services immediately. If you cancel, you lose access to all services managed by Best Way Websites.
It is your responsibility to ensure that you have secured a copy of all of the data that is your own content BEFORE you cancel your service!
If your account is current at the time of cancellation, you have the right to a copy of your site and contents that you own. ALL of your data will be deleted from our hosting servers.
We accept no liability for deleted information or content resulting from the cancellation of your service.
For as long as we continue to offer the Service, we will provide and may make updates, improvements, and expansions of the Service. We allow you to access the Service as it exists. We may change, replace, refuse access to, suspend or discontinue the Service, partially or entirely at our sole discretion.
We may modify prices for all or part of the Services we offer in our sole discretion.
All of these changes are effective upon their posting on our site or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and or discard any Content available as part of your account, with or without notice if deemed by us, in our sole discretion, to be contrary to these TOS.
11. Refund Policy
Website Development and Other Setup Fees
Because we provide a free, custom website demonstration that users get to examine BEFORE that make a payment, we DO NOT PROVIDE REFUNDS for website development services. We DO NOT REFUND any other setup fees.
Monthly or Annual Subscriptions (Recurring Fees)
Monthly or annually paid subscription plans will be issued a pro-rated refund for any unused service time, based upon the number of days pre-paid but not used.
You may upgrade or downgrade your service with Best Way Websites any time during your contract term.
In the event of a service downgrade, a prorated credit will be issued to your Best Way Websites account for the difference in the cost of the two services and will be applied for future purchases.
It will not be refunded to you in cash.
Be aware that downgrading your account may cause the loss of Content, features, and/or the capacity of your account. We do not accept any liability losses that you incur as a result of your decision to downgrade.
12. Using Third Party Services
Best Way Websites allows users to integrate Third Party services into our program. We assume NO RESPONSIBILITY for Third Party Services, which you may use at your discretion.
13. Domain Name Services
Domain Name Registrars
Best Way Websites is NOT a domain name registrar. However, we may have vendor relationships with domain name registrars.
Choosing a Domain Name Registrar
You may register your domain with any registrar that you choose and manage your domain from your chosen registrar. In such cases, Best Way Websites is NOT RESPONSIBLE to keep your domain name secured. You must keep your domain name registered and pay for its annual renewal and you will have to point your domain name to our appropriate hosting servers yourself. We can provide assistance with you for this service, but sometimes we may charge administrative fees for the time required to do for you.
Note that your registrar should help you with this without cost.
Free Registration Services
Best Way Websites often provides free registration services for one TLD (Top Level Domain) per account holder. We may also provide ongoing domain name renewal service for our customers as long as their account payments are current.
Professional Domain Name Management
If you subscribe to Best Way Websites professional domain name management services (free or paid), Best Way Websites will ensure that your domain(s) registration payments are made yearly on your behalf. In many cases, one TLD will be free and there will be an annual fee for additional domains added to your account.
Ownership & Transfers of Your Domain(s)
In NO CASE does Best Way Websites claim ownership of your domain(s). We may deny the transfer of your domains to another registrar if your account is not current and fully paid, however. If you account is current, you may request the transfer OUT of any or ALL of the domains that we manage in your behalf and Best Way Websites will comply and cooperate fully with any registrar that you choose.
Domain "PUSHES" to Your Account
In the case that you have an account with the same domain name registrar that we use for your domain, we are often able to PUSH the domain(s) to you without you needing to pay fees for transfer.
Domain Transfer Fees
Best Way Websites does not charge administrative fees for transfers OUT from accounts that we manage, but you will be required to pay a fee to your chosen registrar to transfer a domain from a different registrar to them. If we are able to PUSH your domain instead of authorize and assist with a transfer, you may be able to avoid additional domain transfer fees.
Legal Disputes
Most often instigated for trademark or sales mark violations, you may discover that your domain name(s) are subject to a legal dispute or demand to release and transfer your domain to another party.
If Best Way Websites is made a party to any legal action by virtue of one of your domain name registrations, you agree to be responsible for all of Best Way Websites’s costs and legal fees and to indemnify and hold Best Way Websites harmless from any action.
If Best Way Websites is notified that a complaint has been filed with a judicial or administrative body regarding your domain name, Best Way Websites may, at its sole discretion may suspend your ability to use, modify or transfer your registration records until the dispute is settled.
You must notify us immediately if you lose the rights to a domain name registered by Best Way Websites for you.
14. Email Marketing Program
For the email marketing program provided directly to you by Best Way Websites (the “Email Marketing Service”), the following TOS and conditions also apply. Using the Email Marketing Program serves as your consent to these TOS.
Failure to Comply
Best Way Websites may suspend or terminate your access to and use of the Email Marketing Program for failure to comply with these TOS.
Email Marketing Program TOS
Your use of the Email Marketing Program must comply with all applicable domestic and international laws. This includes the laws applicable to you and also laws applicable to Best Way Websites and all recipients to whom you intend to send emails. Examples of applicable laws include laws relating to spam or unsolicited commercial email, privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, homeland security, gambling, child protection, and other applicable laws.
It is your responsibility to know and understand the laws applicable to your use of the Email Marketing Program and the emails you generate and send through the Email Marketing Program. Your use of the Email Marketing Program must also comply with the Privacy Policy applicable to the Email Marketing Service.
You are solely responsible for your products and services and any other promotion and Content contained in or referred to in your emails sent through the Email Marketing Service. You agree to use the Email Marketing Service in a lawful, safe, and professional manner, consistent with industry best practices, including keeping reliable records. You are solely responsible for any and all statements you make and for all user assistance, warranty and support of your products and services.
CAN-SPAM Act Compliance
The Best Way Websites Email Marketing Program has been developed to conform to ensure CAN-SPAM Act compliance on the part of Best Way Websites.
However, this does NOT ensure that you are using the program in accordance with the law. It is your responsibility to read, understand and follow the law regarding the use of email marketing. Tap on the link below to access the US Federal Trade Commission's Guide.
Email Marketing Program Guidelines
Your use of the Email Marketing Program must follow all guidelines established by Best Way Websites. You must NOT use the Email Marketing Program in violation of Best Way Websites' Terms of Service or of any law applicable to you or your Recipients or to send Spam. You must ensure that all Recipients have explicitly granted permission to receive emails from you by affirmatively opting-in to receive those emails.
Disallowed Use Due to Abuse
Because certain industries yield higher than ordinary abuse rates for Spam, the Email Marketing Program may not be used for those industries and senders. This includes, but is not limited to these listed below:
- Pharmaceuticals
- MLMs
- Affiliate Marketing
- Money Schemes
- Money making
- Money borrowing
- Credit repair
- Debt resolution
- Nutritional Supplements
- Online Gambling
15. Notifications
Best Way Websites may provide notices and updates to you via either email or regular mail. The Service may also provide notices of changes to these TOS or other matters by displaying notices or links to notices to you generally on the Service. These TOS and the relationship between you and Best Way Websites shall be governed by the laws of the State of Washington. Best Way Websites failing to exercise or enforce any right or provision of these TOS does not constitute a waiver of such right or provision.
These TOS constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements (including, but not limited to, any prior versions of these TOS). You also may be subject to additional TOS and conditions that may apply when you use affiliate or other services, third-party content or third-party software. If any provision of these TOS or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action brought by you arising out of or related to use of the Service or these TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
16. Hold Harmless & Idemnify
You will indemnify, defend, and hold harmless Best Way Websites, and its subsidiaries, licensors, affiliates, officers, directors, agents, co-branders, partners, employees, successors, and assigns from any and all liability, loss, claim, damages, expenses, costs or demands, (including but not limited to reasonable attorneys' fees), incurred or made against the Indemnified Parties by any third party in connection with any claim arising from or related to:
- your use (or anyone using your account/s) use of the Service
- the Site or the Materials
- your Content
- any Products and Services you offer on or through the Site or using our Services
- your use of the Domain Services
This includes, but is not limited to, any breach or violation of these TOS by you or anyone utilizing your account. You must fully cooperate at your expense as required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.
17. Disclaimer of Warranties
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Use of the service is at your sole risk. The service is provided on an "As is" and "As available" basis.
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We disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability or fitness for a particular purpose and non-infringement.
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Best way websites and its licensors make no warranty or representation that the services, materials, or site are appropriate or available for use in all geographic locations.
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Best way websites does not warrant that the service will meet your specific requirements; will be uninterrupted; timely; secure, error-free; the results that may be obtained from the use of the service will be accurate or reliable; the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations: or any errors in the service will be corrected.
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We are not responsible for any damage, loss of data, customer information or vendor data, revenue, or other harm to business arising out of delays, misdelivery or nondelivery of information, restriction or loss of access, bugs or other errors, unauthorized use due to your sharing of access to the service, or other interaction with the service.
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You are responsible for maintaining and backing-up your data and information that may reside on the service.
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Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
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Any data, information, content or materials contained in or made available in connection with the service is not intended as a substitute for the knowledge, expertise, skill and judgment of tax, legal or other professionals.
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The service does not provide tax or legal advice. You are responsible for obtaining such advice and we encourage you to do so prior to, and in conjunction with, using our service.
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Neither best way websites nor any third party providers, partners, or affiliates warrant that the site, its servers, the materials or the service, or any email sent from the site or any third party providers, partners, or affiliates are free of viruses or other harmful components.
- As part of the services provided to other best way websites users, we host websites for certain third parties. Third party sites include content generated by third parties and are not under the management and control of best way websites. Best way websites is not responsible for such third party sites, including without limitation, the accuracy, sufficiency, correctness, reliability, veracity, completeness or timeliness thereof, any link contained therein, or any changes or updates thereto, or any goods or services sold thereon. Your access or use of any third party site is governed by the tos applicable to such third party site. The hosting of any third party site by best way websites does not imply an endorsement thereof by best way websites, or of the provider of such content or services, of any third party site.
18. Limitation of Liability
To the extent permitted by applicable law, we will not be liable to you or any other person for any direct, indirect, incidental, punitive, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Best Way Websites has been advised of the possibility of such damages), resulting from any of the folowing:
- the use or the inability to use the service
- the cost of procurement of substitute goods and services
- unauthorized access to or alteration of your transmissions or data
- statements or conduct of any third party on the service
- any other matter relating to the service
In the event of any problem with the site, the service, or the materials, your sole and exclusive remedy, as permitted by applicable law, is to cease using the site, the service, and the materials.
Best Way Websites will not be liable for third party user generated content available on or through the site, including, but not limited to, any errors or omissions, any infringement of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of, or related to, the use of the site, the service, the materials, your content, the products and services or any third party user generated content available on or through the site.
To the maximum extent permissible by applicable law, neither Best Way Websites, its affiliates, nor licensors shall be liable in any way for your use of:
- the site
- the service
- the materials
- your content
19. Reports of Abuse
Please visit our Report Abuse page to report any violations of these TOS.
20. TOS Change Log:
June 25, 2018
Added TOS for the Best Way Websites Email Marketing Program (Section 14) and reordered numbers accordingly.
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