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Terms of Use
Terms of Use
We have just one rule: Do not violate Terms of Use
Thank you for using our Albasoft CMS software (SaaS). Albasoft CMS (“Service”) is provided by Albasoft Group (“Company”). The following terms of use are terms of a legal agreement between you and Albasoft Group. By using Albasoft CMS, accessing or browsing through this website, you are granting that you have read, understood and agreed by these terms. You also agree to conform to all appropriate laws and regulations.
These terms of use are subject to change and modifications. Albasoft Group reserves the right to modify the following terms of use and any other information on this website, at any time, without in advance notice.
The Services are property of Albasoft Group. You agree that the Services, which include all software and documentation, contain copyrighted material, and other intellectual property. They are protected by copyright and trade secret, and may only be accessed or used as explicitly provided for in this Agreement.
The Services are offered on an "as is" basis and used by the User exclusively at his or her own risk. By using any portion of the service, which includes any and all services provided, you are accepting the Terms of Use (“terms”) provided by us. Use of the Service confirms your acceptance of these terms. If you do not agree with these terms for any reason, you are asked not to use Albasoft CMS.
The user/client of the Albasoft CMS will be known as "you". The Albasoft CMS is managed and hosted by Albasoft Group to enable you to create and publish websites. The Services also includes web hosting services for the websites you create using Albasoft CMS.
Albasoft CMS software is strictly protected by exclusive rights. The exclusive rights and conditions must be respected. Albasoft CMS, this website, the information and all the content on this website should not be reproduced, republished, reposted, distributed, transmitted, copied, uploaded or used for any plagiaristic work without the prior and written permission of Albasoft Group. None of the content on this website may be mirrored on another website or on any other media.
You can share specific content of this site throw integrated tools in our website such Facebook, Linkedin, Twiter, and Google+.
You understand and agree that the Service may consist of certain communications from us, including but not limited to service announcements, administrative messages and billing invoices, and you will not be able to decide on receiving them.
Identification Information - Account ID
To gain access to the Albasoft CMS and to create a site for you or your clients, you will be required to register an access ID and password. The access ID and password may only be used by you. You will be responsible and liable for all activities occurring under your access ID and for keeping your password secure.
You agree that Albasoft CMS rights are owned by Albasoft Group and are nontransferable as well as that Albasfot Group may for any reason, or for no reason, in its sole discretion and without notice or liability to you or any third party, instantly terminate or suspend your account, and remove or discard any content associated with your account and username.
You agree that you will only use the Services if you are a person over 18 years of age.
If you are under 18 years of age, you need to have parental consent in order to sign up. You agree to supply Albasoft Group with a truthful name, postal address, and telephone number and E-mail address, and you have a continued responsibility to keep this information current.
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. Albasoft cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
User Sites
Albasoft CMS make possible for users to create and publish websites that are hosted by Albasoft Group (User Sites). Albasoft does not approve or control such User Sites. THEREFORE, YOU ACKNOWLEDGE AND AGREE THAT ALBASOFT GROUP IS NOT RESPONSIBLE OR LIABLE IN ANY WAY FOR, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ABOUT, THE CONTENT, FUNCTIONALITY, LEGALITY, BUSINESS, ACCURACY, COMPLETENESS, QUALITY, SECURITY, RELIABILITY, VALUE OR PRACTICES OF ANY USER SITES OR FOR ANY BUSINESS WITH OR TRANSACTIONS PERFORMED ON OR IN RELATION WITH ANY USER SITES. The hosting of any User Site does not imply endorsement or sponsorship by Albasoft. YOU USE AND INTERACT WITH SUCH SITES AT YOUR OWN RISK. You may not use the name, logo or other trademarks of Albasoft to imply any sponsorship, affiliation or relationship between you and Albasoft other than that Albasoft is hosting your site.
Albasoft Group is not responsible to conclude ownership of websites, accounts opened on Albasoft CMS or its affiliates.
Albasoft CMS platform, also website www.albasoftcms.com may contain errors, typographical errors and inaccuracies. Albasoft Group reserves the right to correct errors or lapses in our CMS and this website, too. Albasoft Group may make any other change to the CMS and website and its content at any time without in advance notice. Albasoft Group does not guarantee the accuracy, consistency or completeness of any declaration, opinion or any other information exhibited or published through this website.
Privacy Policy
You have read, understood and agreed to all the terms and conditions mention in our privacy policy.
Albasoft Group, its subsidiaries and affiliates shall be held harmless and indemnified from any judgment, claim, expense, cost or any other loss in relation to your use of Albasoft CMS or any service on this website. This also includes without the limitation of the foregoing, any action that you might take.
Limitation of Liability
On no occasion will Albasoft Group be liable to any party for any special, exemplary, incidental, direct, indirect or consequential damages of any type either related to or arising from Albasoft CMS or this website, from any use of this website. This would include, without limitation, business disruptions, lost savings, profits, programs or any other type of data. This limitation liability applies to all actions and causes whether based on contract, warranty or any other legal theories.
Albasoft CMS and this website and all the information on this website are provided without any representation or warranty, expressed or implied of any kind. This also includes, but is not limited to warranties of non infringement, merchantability or fitness for any specified purpose. There is no expressed or implied warranty regarding third party content. There is also no warranty that this website will be free from computer viruses. If your jurisdiction does not entertain the prohibition of implied warranties, then the above exclusions may not be applicable to you.
Albasoft Group is not responsible for any aspect of your or your client’s relationship and/or transactions with such third party.
User Conduct
Any use of our services that violates any laws which may apply to Albasoft, your local jurisdiction or any jurisdiction that you or your site may be subject to is strictly prohibited. This means that while using our service, you may not:
• Post or transmit any unlawful, threatening, abusive, defamatory, obscene, libelous, offensive, pornographic, indecent, profane or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
• You may not mirror any of the content from this site on another website or in any other media, or restrict or inhibit any other user from using and enjoying the Internet.
Albasoft Group reserves the right to the final decision on what constitutes abuse.
Albasoft Group does not allow any of the following content, or links to such content, to be published on the Service:
• Content of a pornographic, sexually explicit, or violent nature.
• Content of an illegal nature (including stolen copyrighted material).
• Content with the sole purpose of causing harm or inciting hate, or content that could be reasonably considered as slanderous or libelous.
• Pirated software sites, including cracking programs or cracking program archives.
A violation of this Policy may cause cancellation of service without refund of any fees.
In addition, Albasoft Group does not allow any of the following:
• Users may not use the Service as a remote storage server only.
• Users may not access the Service through automated methods. Use of robots or other computer code which calls the Service, except where explicitly allowed, is absolutely forbidden.
• Users may not send unsolicited messages (also known as Junk Mail or SPAM) to promote any website published on the Service.
• Users are not permitted to knowingly allow another website or hosting server to link to content files stored on Albasoft Group servers. Users deemed to be using Albasoft solely as a remote storage server will have their account immediately terminated and will have all files associated with their account permanently removed.
The final choice of whether an account is in violation of any of these policies is at the sole discretion of Albasoft Group.
Abuse of any of these policies may effect in tracking information being stored to identify the offending user, and permanent limitation from having an account on the Service.
User agrees to twelve (12) month contract agreement with Albasoft Group.
User can opt to upgrade or downgrade their service agreement to any other agreement that Albasoft Group is currently offering for sale at any time during User's agreement term.
At the end of the agreement term, the agreement will automatically renew until explicitly cancelled by the User. Termination has to be issued through the User's Account or via Albasoft CMS support e-mail. Any termination issued via the client’s Account should be done no less than one (1) day earlier to the end of the agreement. Any termination not issued via the website Account should be done ten (10) days earlier to the end of the agreement term.
You also agree that you are an authorized user of any credit card that you present to us, and you understand and agree that we have a responsibility to fully investigate any possible fraudulent credit card use.
Some services available via Albasoft CMS website are currently provided free of charge. Albasoft Group may start charging for the Services or any part thereof at any time and at its sole discretion.
Chargeback / Refund Policy
Albasoft Group will not, under any circumstances, issue cash refunds for early agreement termination. All Albasoft CMS accounts start without any obligation free trial which will allow you to evaluate the service, as long as you wish before you pay. If you have a question about charges made to your account, please contact us directly. If the charges were made in error, we will immediately credit your account or credit card account for the proper amount.
Temporary Use License Granted
With regards to Albasoft Group’ terms of use, Albasoft Group permits a non-transferable and non-exclusive limited right to access and use Albasoft CMS platform, also, the information on this website. You admit not to cause or try to cause any kind of interruption to the functioning of Albasoft CMS or this website.
Only for the duration of being logged into the valid Albasoft CMS account, the User is hereby granted a non-exclusive, non-transferable temporary license, subject to the terms of this Agreement, to use the Services only on the single computer that temporarily accesses the Services directly from the Albasoft CMS website.
A valid Albasoft CMS account may only be created and maintained by a User who fully provides valid personal information about the User in the signup process. To maintain a valid account, the User must regularly update such information to ensure its accuracy, and the User must always comply with the terms of this Agreement. The User is not granted a license or any other right to store any of the Services (including any portion of the software or documentation) on any computer or other device, or copy or otherwise use such information to create derivative works.
You can have an account in Albasoft CMS, and, as a CMS Administrator, Albasoft Group grants you a limited license to access and use Albasoft CMS. Albasoft Group reserves the right to terminate this license at any time for any reason. This right will usually be practiced only when abuse of the service or nonpayment has been determined.
General Practices Regarding Use and Storage
You acknowledge that we may start general practices and limits about use of the Service, as well as maximum disk space or bandwidth that will be selected on our servers on your behalf. We may insist on these limitations by restricting the software itself, or by contacting you and requesting you to either restrict usage or upgrade your package if your website is found to be outside of the normal range of use. Concerning bandwidth, we will consider your site to be utilizing unusually high bandwidth at the following levels: 300GB/month for Elite Package, 120GB/month for Advance, 50GB/month for Business, 20GB/month for Basic Package.
You consent that Albasoft Group has no responsibility or liability for the deletion or failure to store any data, or other Content maintained or transmitted by the Service. We use a lot of good practices to back up all Content, however, in the unlikely event Content is lost due to datacenter, hardware, or software malfunction, we will make all best efforts to recover the Content.
Albasoft Group shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from or by the User or through the Albasoft CMS services.
The User takes full responsibility for all taxes and fees of any nature associated with Services used or products purchased.
You take complete duty for all taxes and fees of any nature associated with Services, including every sales tax related to the purchase or sale of commercial goods. While purchasing or selling commercial goods, it is your duty to determine whether or not sales taxes apply to that business deal and to collect report and remit the correct totals to the appropriate authority.
Beta version
Albasoft CMS is released and provided in BETA for use by registered users only. The Services may contain software bugs, disruptions and fail to operate as intended or designed.
For its own operational efficiencies and purposes, Albasoft Group from time to time backs up data on its servers, but is under no obligation or duty to Users to do so under these Terms. IT IS SOLELY USERS DUTY AND RESPONSIBILITY TO BACKUP USERS FILES AND DATA ON ALBASOFT GROUP SERVERS, AND under no circumstance will Albasoft Group be liable to anyone FOR DAMAGES OF ANY KIND.
Monitoring and Disclosures
All activities occurring Albasoft CMS or any website may be monitored, recorded, and examined by any authorized person, including as well law enforcement. In general, Albasoft Group does not monitor its Users, websites or activities to determine whether they are in compliance with these Terms. However, when and if Albasoft Group becomes aware of any violation of these Terms, Albasoft Group may take any lawful action, and in the event of illegal activity, will take action, to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Services.
Terms of Use on Your Sites
You are responsible for drafting the terms of use and privacy policy for any website hosted by us for you as part of the Albasoft CMS. However, the terms of use for your hosted Site must designate us a third party beneficiary and must contain intellectual property, limitations of liability, limitations of remedy, disclaimers of warranty and indemnification provisions each for the benefit of Albasoft Group which are at least as favorable to Albasoft Group as contained in this Agreement. You are also responsible for drafting the privacy policy for your Hosted Sites. Your hosted site’s privacy policy must contain terms that are at least as protective of a user’s privacy as those contained in this Agreement.
Albasoft Group reserves the right to refuse or to cancel service to you for any reason whatsoever or for no reason, and to remove or disable access to any User Sites or User Content, at any time, without penalty and without notice. Albasoft Group has the right to delete all data, files, or other information that is stored in the User's account for any reason. Albasoft Group may also seek legal prosecution of any violations of law or this Agreement.
You agree to actively maintain and to update any User Sites you create on a regular basis. Failure to log into the Service or to update a User Site for more than 1 year, may result in removing or disabling access to such User Site, and will result in the expiry of any unused credits.
Albasoft CMS, this website, the information and all the content on this website should not be reproduced, republished, distributed, transmitted, copied, uploaded or used for any plagiarism work without the prior and written permission of Albasoft Group.
Some services available via Albasoft CMS are currently provided free of charge. Albasoft Group may start charging for the Services or any part thereof at any time and at its sole discretion.
Albasoft Group reserves the right to refuse or to cancel service to you for any reason whatsoever or for no reason, and to remove or disable access to any User Sites or user content, at any time, without penalty and without notice.