Terms of Use of the Service ZEENDO

Last update on February 3rd 2015


The Spanish version of these Terms of Use is the final version for legal purposes. This translation into English is merely informative.

By using the Service in any way you are agreeing to comply with the terms and conditions of this agreement with Zeendo.

You must be at least 18 years old and competent to enter into a contract to use the Service. It is understood that by using the Service you comply with this requisite.


Foreword: Definitions for the purpose of this document

The Agreement: The present document which contains the Terms of Use of Zeendo.

The Service: refers to the responsive websites editor provided by Zeendo through the Site (www.zeendo.com).

The Site:www.zeendo.com

Content: refers to all and any information, features and designs (including texts, images, photographs, graphs, scripts, sounds, videos, music, programming, logotypes, registered marks, service brands, HTML code, formatting, user panel design, etc.) and, in conclusion, all the software and content available through the Site in relation with the Service.

Registration data/information: refers to the information given by the client-user as part of the registration process which is needed to access the Site and to use the Service.

Registrar: refers to the entity managing the domain name registration on behalf of the user.

Domain name: the domain name (URL) that the user acquires through the Registrar.

Registrar Terms and Conditions: refers to the terms of use and legal conditions of the service of the Registrar and which the user must accept in order to register a domain.

Gift Card: The prepaid gift cards that the user can acquire at any of the points of sale located in trade establishments for the creation of websites with the Service Zeendo.

Affiliate Programme: The agreement offered by Zeendo to its users, by means of which the user receives a commission on each sale of Zeendo products or services to a third party done through a banner or other advertising means hosted on the website of the user for that purpose.


I. CONSIDERATIONS ABOUT THE MAIN SERVICE


1. General overview

By accessing the Site and the Service, you confirm and acknowledge that you have read this Agreement and that you understand its content, and that you agree to be bound by this Agreement between you and Zeendo.

The use of the Site or the Service, including toolbars, widgets, applications or distribution channels we may operate from, or the services available on the Site, is subject to and conditioned upon acceptance of, and compliance with, all of these Terms of Use.

Parts of the service may be subject to other terms and conditions and your use of such parts is subject and conditioned to your acceptance of such additional terms and conditions. Zeendo will inform the user about the parts of the Service that are subject to terms and conditions other than this, so that the user can access those terms and conditions and read them.

Zeendo may change the terms of this Agreement at any time and at our discretion, without us being obliged to notify you. Under no circumstances will the rights granted to the users under these Terms of Use be limited. In the event of a substantial modification of this Agreement affecting or limiting any of the rights acquired by the users through acceptance of this Agreement, all user-clients will be notified by e-mail.

Zeendo informs you that all its services and products, which include all software and documentation, in both electronic and printed media, contain copyrighted material, trade secrets, patent pending material, and other proprietary intellectual property. The user is granted authorization to access and use the Service only as specifically provided for in this Agreement. Therefore, it is expressly forbidden to copy, reproduce, modify, distribute or transmit the Service, as is any other similar conduct to the ones described above which may violate Zeendo’s industrial property rights. Be this not so, Zeendo shall initiate the relevant legal proceedings to preserve its rights.

The Service is offered, and is to be used by the user, solely under the terms and conditions contained in this Agreement. Any use of the Service that is contrary to this Agreement will be the sole responsibility of the user.

Zeendo warrants that all user-specific information provided by the user in connection with the Service and the Site shall be used for the sole purpose of providing the Service and the Site, and for guaranteeing their correct operation. In case of doubt about the treatment of the information stored and used by Zeendo, please check our Privacy Policy.


2. The Service

You may use the Service for any purposes as long as you are in compliance with all the provisions of these Terms of Use.

In order to provide the Service, we may obtain and rely on certain information provided by third parties and third party software and applications. These third parties may help Zeendo provide services such as, among others, payment management, hosting, database management, website analytics, and administration. These relationships between Zeendo and a third party performing operations related to the Service will never affect or hinder the application and enforcement of these Terms of Use.

In connection with your use of the Site or the Service, you may be made aware of services, products, offers and promotions provided by third parties. If you decide to use such third parties' services, you will be the sole responsible for reviewing and understanding the terms and conditions governing such services, and acknowledge that the third party is responsible for the performance of such services.

We do not claim ownership of the Content that you place on your website. By submitting Content to us for its inclusion on your website, you grant us a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your website, and to store it in our servers, so that we can improve our provision of the Service to you. This license exists only for as long as you continue to be our customer and shall be terminated upon receiving written notice from you.


2.1 User conduct and use of the Service

You may access and use the Site and Service only for their intended purposes, as long as you are in compliance with all the provisions of these Terms of Use.

In connection with your use of the Site and the Service, you agree to abide by all applicable local, state, national and international laws and regulations, and to not allow or facilitate the violation or infringement of any rights (including, without limitation, copyrights, rights of publicity or privacy and trademarks) of others, our Terms of Use and Privacy Policies, or the operational or security mechanisms of the Service by a third party.

Without limitation of the foregoing, you may not:

  • Use the Site, the Service, or any content, services, features, data, information, text, images, photographs, graphics, scripts, sounds, videos, music, sound recordings, programming, logos, trademarks, service marks, HTML code, compilation of content, format, design of the user interface and software made available through or which appears on the Site or the Service ("Content") to promote, conduct, or contribute to fraudulent, obscene, pornographic, inappropriate or illegal activities, including without limitation deceptive impersonation, in connection with contests, pyramid schemes, surveys, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).

  • Copy, distribute, transmit, broadcast, publicly display or perform, rent or sell any part of the Service, the Site or the Content to a third party (including any software or documentation used by the Service and in relation to it), or make them available for others to use.

  • Provide personal information that is not true for the creation of the account through which you access the Site and the Service, so that the identity of the user is not your own, either by means of a fake identity or by identity fraud.

  • Add a Site member to your email or physical mailing list without their consent after adequate disclosure, or use their email address or contact details for antisocial, disruptive, or destructive purposes, including "flaming," "spamming," "flooding," "trolling," and "griefing" as these terms are commonly understood and used on the internet.

  • Interfere with the access, use or enjoyment of the Site or the Service by others (including without limitation causing greater demand on the Service than we may deem reasonable, attacks such as "flaming" to other participants in a manner that might incite or perpetuate a conflict or argument, and creating usernames to attack other participants' identities); harass or defame others; or promote hatred towards any group of people.

  • Collect in any way non-public information about another user obtained through the Site or the Service (including without limitation email addresses), without the prior written consent of the holder of the appropriate rights to such information.

  • Access or attempt to access any of our systems, programs or data that are not made available for public use; attempt to bypass any registration processes on the Service; create or provide any other means through which the Service may be accessed, for example, through server emulators, whether for profit or otherwise; abuse or use any other means to affect or manipulate the Service in general or the prices quoted through the Service; use any robot, spider, other automated device or any tool-bar, web-bar, other web-client, device, software, routine or manual process, to monitor or scrap information from this Site or the Service, or bypass any robot exclusion request (either on headers or anywhere else on the Site); display, import or export feedback information relating to the Site or the Service.

  • Alter, modify, delete, forge, frame, hyper-link, create derivative works or otherwise interfere with or in any manner disrupt or evade the commitment to any part of the Site, the Service, any Content, or features; copy, distribute, transmit, broadcast, publicly display or perform, rent or sell any part of the Service, the Site or the Content; decompile, disassemble, reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of the Site or the Service; create derivative work or show the Software code in a way that is readable for the human eye; 'deep-link', redistribute or facilitate Content for its redistribution.

  • Use the Service only for the purposes of a remote storage server. Users who consider Zeendo as a mere remote storage server will see their accounts terminated and all the files related to those accounts permanently deleted.

  • Allow or enable third parties, through other websites or hosting servers, to link the content of the files stored at the servers where Zeendo is hosted.

  • Access the Service by any automated means or by any automatic device, such as automatic calculation machines; use of robots or other computing code to access the Service, except when expressly permitted; and, in summary, use the Service through any means other than an electronic device under manual control of the user.

  • Use any meta tags or any other "hidden text" utilizing any trademarks or intellectual property owned or licensed by us.

  • Upload individual files of more than 10 MB. Zeendo reserves the right to refuse upload of any executable file.



2.2. Content published by the user

We are not responsible for the Content published by the user through the Site. The user is, therefore, the sole responsible for any content published through the Site and its use, as well as for any problem arising in relation to this content with regard to data protection, intellectual or industrial property, patents and trademark.

Zeendo does not allow any of the following content, or links to such content, to be published on the Service:

  • Violent content.

  • Content of a pornographic or sexually explicit nature.

  • Content of an illegal nature (including stolen copyrighted material).

  • Pirated software sites, including cracking programs or cracking program archives.

  • Content with the sole purpose of causing harm or inciting hate, or content that could be reasonably considered as slanderous or libelous.



2.3 Consequences of a breach derived from conduct contrary to this Agreement. Zeendo powers

Any use given to the Service which is contrary to this Agreement shall be the responsibility of the user.

Zeendo reserves the right to delete or block any content, or even delete the user’s account, without having to notify the user, whenever these actions are required in order to guarantee the security of the company and of the other users and, in summary, to guarantee the normal operation of the Service, as according to this Agreement and the applicable Law.

Zeendo reserves the right to delete the website of, and cancel the Service for, those users who repeatedly show this conduct. No fees will be refunded to the user in case of breach of these Terms of Use. Users posting any content on their sites that is contrary to this Agreement, or who enable access to such content by means of links on their site, will be notified using the user's current email address on file, and given a 48 hour grace period to perform any corrective actions necessary. If no corrective actions are taken, Zeendo will send the user a new notification informing them of the suspension of the services of their user account until a resolution is met between Zeendo and the User with respect to the content.

It is the sole competence of Zeendo to determine whether the use given to the Service or the content published on the user’s website are contrary to these Terms of Use, and whether the user has infringed them in part or in their totality. In the event that there is a breach from a user, Zeendo may also store follow-up information with the aim of identifying the infringing user and, if it proceeds, to delete their account and ban their access to the Site and the Service.


2.4. Inactivity, loss or unauthorized use

If Zeendo detects a long period of inactivity in the account of a user, Zeendo will be in its right to suspend the account. However, Zeendo will always notify the user at least 48 hours prior to the effective suspension of the account.

In the event that the user’s website, account and/or registration data are lost, stolen, usurped or taken over without authorization, Zeendo reserves the right to suspend or delete the account immediately, and no prior notification to the user will be required, with the aim of guaranteeing the security of the user, Zeendo and any third parties involved, as well as to ensure the good operation of the Service. Notwithstanding the above, Zeendo will notify the user the suspension or deletion measure adopted, as well as the situation leading to this measure.

If it is the user who, in the first place, detects the loss, theft, usurpation or appropriation or unauthorized use of their account, website or registration data in one of these instances, then the user must contact Zeendo immediately explaining the situation so that Zeendo can adopt the security measures required by the situation as soon as possible.


2.5 Knowledge required for a correct use of the Service

Users who access the Service provided by Zeendo must have a minimum knowledge of the internet and the World Wide Web. Zeendo doesn’t provide technical information on the use of the tool provided or the internet.

It is recommended for the user to have the required knowledge to ensure correct operation and use of the Site and the Service. All wrong operation due to a bad use of the Site or the Service will be the responsibility of the user.


3. Registration data and account management

Some functions of the Service require registration, and as part of the process you will be requested to provide certain information including, in particular, an email address and password, which you will be able to change from your user panel at any time. Read Zeendo’s Privacy Policy to learn more about registration, treatment and use of the data collected by Zeendo.

Maintaining accurate and current billing information is a mandatory condition for maintaining your Zeendo account. If you do not maintain current credit card information in your Zeendo account, we may cancel your services without further notice. If your billing information is not current, we will not renew your services, and this Agreement will be terminated on the last day of the then current term.

Whenever Zeendo finds out that the information provided by the user for the billing is wrong or out of date in a way that it difficulties the correct billing of the Service, the user will be notified by email of such circumstances, and asked to make the necessary changes to their billing information within 48 hours. If the actions required aren’t taken within this period of time, Zeendo may automatically cancel the Service, deleting or blocking the user’s website and account.

You agree to:

  • Provide true, accurate, current and complete Registration Data as requested for the registration process.

  • Maintain and promptly update the Registration Data to keep it accurate, current and complete.

  • Maintain the security and confidentiality of your password and any other security or access information used by you to access the Site or the Service.

  • Ensure that you log out of the Service at the end of each session.

  • Refrain from transferring your user account on the Service to any other party without our prior written consent.

  • Refrain from impersonating any person or entity, or misrepresent their identity or affiliation with any person or entity, including using another person's username, password or other Registration Data.

  • Immediately notify us in writing if you become aware of any loss, theft or use by any other person or entity of any of your Registration Data in connection with the Site or the Service, or of any other breach of security that you become aware of involving or relating to the Site.

We assume that any communications and other activities related to the use of your Registration Data have been sent or authorized by you, and that you are therefore fully responsible for all activities that occur under your Registration Data.

By providing your Registration Data to us, you hereby consent to us sending, and you receiving, by means of telephone, FAX, SMS or email, communications containing content of a commercial nature relating to your use of the Site, the Service and related services, including further information and offers from us that we believe you may find useful or interesting, such as newsletters, marketing or promotional materials. If you no longer want to receive such communications from Zeendo, you may unsubscribe at any time by clicking on the link at the bottom of such communications.


3.1. Billing and contact information

Zeendo needs to be able to contact the user quickly and easily, if needed. It is the obligation of the user to ensure that the billing and contact information provided to Zeendo is correct and up to date, including their full and real name, address and email.

If you need to contact Zeendo, you can find us at:

Zeendo
Customer Support
Av.Marques de Sotelo, 1 – pta 3
Valencia 46002
Email: help@zeendo.com


4. Payment of fees, trial period and refund policy

Only the services and features clearly indicated as ‘free’ or ‘no charge’ are free of charge. All other applications, features and functionalities provided by Zeendo are provided for a fee and the user is liable for payment of such fees.

All Zeendo accounts can begin with a free trial period of thirty (30) days which allows the user to evaluate the service. This free trial period may be expanded to up to thirty (30) more days, if the user adheres to the conditions of the offers valid at the time, promoted by Zeendo and published at www.zeendo.com.

Once the free trial period, which won’t last more than sixty (60) days, expires, the user will no longer have access to their website until they subscribe a paid plan. If the user wants to cancel their account after the trial period, they must notify Zeendo in written. Otherwise, the account will be kept active, even if the user won’t be able to access it.

The user will be responsible for the payment of any fees derived from the use of the Site or the Service at the time of the effective contract of a paid plan. This payment will not be cancelled or refunded. After the effective subscription, the user may cancel the Service by expressly notifying so in writing to Zeendo with a minimum notice of ten (10) or thirty (30) days (depending on the type of contract, see section 5.1), after which they no longer will have to pay any amounts to Zeendo for the cancelled services, provided that notice is timely given. 

Zeendo shall make no refunds for any fees already charged in case of advance cancellation of the contract.


4.1 Non-payment

Failure to pay the fees or amounts owed to Zeendo by the user for the use of the Service or any products hired will result in suspension of the Service hired and in the user blacklisted and barred from use of the Service until any past fees and amounts due are collected by Zeendo.

Any past fees and amounts due will be sent to collection by Zeendo. Were these collection efforts to fail, unpaid debts will be reported to all available credit-reporting agencies.


4.2 Taxes

The user, as user-consumer, will bear all applicable taxes in connection with the Service, like for instance VAT, which will be included in the final price of the fee corresponding to the plan hired. In the same way, the user will bear any tax generated by the purchases made or from the services hired through Zeendo.


4.3 Employment of third parties to process payments

Zeendo may employ the services of third parties, such as PayPal, to process payments. Where a third party handles payment, the payment will be subject to the terms of use and privacy policies of such third party (including among others tax liability, collection and use of personal information, and support levels).

Zeendo recommends that users review the terms of use and privacy policies of such third parties before submitting any personal information or using their services.


5. Duration of the contract and change of plan

The duration of the contract to engage Zeendo’s Service will be of either one (1) or twelve (12) months, depending on what the user selects.

The user may, at any time, upgrade their contract to another with longer duration (“change of plan”) among those offered by Zeendo. In order to do so, the user will have to pay all the fees corresponding to the change of plan.

If the user wants to downgrade their contract to any other contract with shorter duration that Zeendo may be offering at the moment, they must wait until the end of their current contract term in order to do so. This change may be done by the user themselves, selecting the plan to which they want to change from their account.


5.1 Extension of contract and renewal of the Service

At the end of the contract term, the contract will be automatically renewed for the same term that it was initially contracted (either one (1) or twelve (12) months), until explicit cancellation by the user. Upon renovation of the Service, this Agreement shall be automatically renewed for the same period.

Cancellation must be issued via a support ticket sent via the user's admin panel or via an email to help@zeendo.com. Any cancellation must be done so at least ten (10) days prior to the end of the contract term, if the term is monthly, or thirty (30) days prior to the end of the contract term, if the term is yearly, in order to allow for adequate processing time. Cancellations done out of time won’t take effect and, as a result, the contract will be automatically renewed.


5.2 Unilateral termination

Zeendo may terminate this contract agreement at any time if the user fails to comply with these Terms of Use, and especially if the user violates Zeendo’s intellectual property rights, industrial property rights, patents and trademarks. Zeendo will use the email provided by the user to set up their account to notify the user of the decision to terminate the contract 48 hours prior to the effective cancellation of the Service, without prejudice of any measures already taken by Zeendo to remedy the user’s violation, such as blocking the user’s website or a given content.

The user may cancel their subscription to the Service at any time by giving written notice to Zeendo at least ten (10) or thirty (30) days (depending on the type of contract, see section 5.1) in advance. The user won’t be charged for any subsequent subscription fees after cancellation of the contract, as long as the cancellation is done according to the timings in section 5.1.

Zeendo won’t issue refunds for any fees already paid if the user violates the Terms of Use of this Agreement or in the event of voluntary cancellation of the Service by the user.

Upon notice of termination of the Services by Zeendo to the User, via the contact email of the user's account, or after voluntary termination of the service by the User, Zeendo will not delete the user’s files, data or other information stored in the user account and which we may be required to keep in accordance with the current legislation.

Zeendo reserves the right to exercise any legal actions that may apply in order to defend its rights in front of the users.


6. Limitation in the amount of products and services offered by Zeendo

Zeendo reserves the right to limit the amounts of products and services offered, like for instance the number of domains available for registration, the number of email accounts, or other services offered for sale at the price published at www.zeendo.com or on any other points of sale.


7. Privacy Policy

By accessing the Site and the Service, you consent to the collection and use of information as described in our Privacy Policy.

By accepting these Terms of Use, you are agreeing to Zeendo’s Privacy Policy.


8. Industrial property rights

All the services and products offered by Zeendo, and specifically the Service and the Content, including without limitation software, trademarks, service marks and logos contained on the Site, are protected by copyrights, trademarks, service marks, patents or other proprietary rights. It is expressly prohibited to copy, reproduce, modify, distribute or transfer the Service and all its Content, as well as any other kind of conduct that violates Zeendo’s intellectual property rights, patents or trademarks. Zeendo will take the corresponding legal actions to defend its rights.

Any rights over the Content, the Site and the Service are reserved by Zeendo.


9. 9. Responsibilities

The user shall be the sole responsible for any use of the Service that is contrary to this Agreement. Zeendo and its directors, employees, affiliates, subsidiaries, agents and third party providers, including ICANN (Internet Corporation for Assigned Names and Numbers) and the applicable registries shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the user’s wrongful use of the Service.

The user agrees that Zeendo’s entire liability towards them is solely limited to the services or products contracted or acquired by the user through Zeendo or any of Zeendo’s points of sale, subject to this Agreement and limited to the amounts paid by the user.

Zeendo disclaims any and all loss or liability resulting from unforeseen events or caused by a third party unconnected to Zeendo. Specifically, Zeendo disclaims any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of Nature; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your service.

The user understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Service is done at their own discretion and risk and that they will be solely responsible for any damage to their computer system or loss of data that results from the download of such material and/or data.


9.1 Conflicts between the user and a third party

Were you to have a dispute with one or more users of the Site or the Service, or with a third party unconnected to Zeendo, you release Zeendo (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.


10. Complaints and jurisdiction

In the event of a dispute between a user and Zeendo arising from the acquisition, contract or employment of a service or product at Zeendo, or if any problem arises between the user and Zeendo in connection with this Agreement, the user agrees to seek resolution first in Zeendo’s customer service first, before starting any relevant legal actions.

If resolution proved to be unsuccessful, the user then agrees to bring the action against Zeendo in the courts of Valencia, Spain, and consents to be subject to the laws of Spain, without prejudice of the provisions of the current Spanish Law and of any international treaties subscribed by Spain.


11. Service guarantees

The user agrees that their use of the Service is done solely at their own risk, with due diligence and in accordance with this Agreement. Zeendo shall not be held responsible for any damages arising from a wrong use of the Service by the user.

Zeendo commits to provide the Service in accordance with this Agreement and with all the guarantees provided by law. However, Zeendo cannot guarantee that there will be no errors or interruptions of the Service. In the event that a problem derives in the wrong operation of the Service, which is not the result of a wrong use by the user or attributable to a third party unconnected to the Service, Zeendo agrees to provide remedy as soon as possible in order to restore the normal operation of the Service.

If the user detects some sort of fault or error in the Service, they agree to inform Zeendo immediately so that remedy is provided as soon as possible. Zeendo disclaims responsibility for any damages that may occur as a result from late communication of the faults or errors in the Service detected by the user.

The correct operation of the Service or of any of its parts, availability, or access may depend on the geographical location of the user and on the rules and legislation of their place of residence.

It will be the sole responsibility of users from outside Spain or the European Union to comply with the legislation of their place of residence that applies to the use of Zeendo’s Service.


12. Update and modification of the Terms of Use

Zeendo will update these Terms of Use regularly, mostly to include new obligations or policies derived from the inclusion of new services, and to modify or clarify existing obligations or policies, without prior notice to the user. The latest version available to the user will prevail over all previous existing versions.

In the event of a substantial modification to the agreement between Zeendo and the user, like for instance limitation to the rights acquired by the user through acceptance of this Agreement, all of Zeendo’s user- clients will be sent written notice by e-mail.

Zeendo advises users to consult this Agreement to the Terms of Use regularly.


13. Links to other websites

The Site contains links and references to websites of others, provided by Zeendo. These links are provided solely as a convenience to the user and the Service, and access to any such websites is at the user’s own risk. Access to such websites through the links and references provided on the Site is the sole responsibility of the user. We may, from time to time, at our sole discretion, add or remove links to other websites. We encourage users to be aware when they leave the Site, and to read the terms and conditions and privacy policy of each other website that they visit.

We do not review, approve, monitor, endorse, warrant, or make any representations with respect to such websites. In no event will we be responsible for the information contained in such websites, their practices or your use of (or inability to use) such websites, or transmissions received from such sites. You expressly relieve us from any and all liability arising from your use of any third-party website.


14. Links to this site

By using the Service, Zeendo grants you a nonexclusive, non-transferable, non-sublicensable right to display on your website a link to Zeendo’s homepage, as long as your use is not misleading, illegal or defamatory, or your website is not obscene, pornographic, inappropriate or illegal. You may display Zeendo’s logo only in the form and size provided to you. You may not use the logo in any way that suggests that we endorse or sponsor your site, or that tarnishes, blurs or dilutes the quality of our trademarks or any associated goodwill. Zeendo will be the beneficiary of any profit derived from any goodwill and from the logo provided.


15. Other

The Terms of Use contained in this Agreement have been developed in accordance with the current Spanish legislation. Any interpretation of the content of this Agreement shall be made in accordance with the Spanish Law. Any argument derived from the acceptance of this Agreement shall be resolved by applying the current Spanish legislation and, where relevant, before the Spanish Courts.

If any provision(s) of this Agreement is held to be contrary to law, or infringes the rights of a user, then such provision(s) shall be construed, as nearly as possible, to reflect the original provision, and the other provisions shall remain in full force and effect.

This Agreement comprises the entire agreement between the user and Zeendo, and establishes the use of the Service, its limitations and the responsibilities of both the user and Zeendo, to each other and to any third parties, connected to the Service or otherwise. This Agreement shall also apply to all the services and products offered by Zeendo in the future.

This Agreement, and any rights and licenses granted hereunder to the user, may not be transferred or assigned, in its totality or in part, by the user without Zeendo’s prior express consent. The user agrees that no joint venture, partnership, employment, franchise or agency relationship exists between them and Zeendo as a result of the use of the Site or the Service.


II. ADDITIONAL OPTIONAL SERVICES


16. Domain name registration

Zeendo offers an additional Domain Name Registration service, for which Zeendo acts as a mere intermediary between the user and a third party, the domain Registrar. Once the registration process is finished, Zeendo only manages the association of the domain registered to the website created by the user using the Service.

Zeendo will keep a file with the data used on the registration made on behalf of the user, which will be subject to Zeendo’s Privacy Policy. This file with the registration data kept by Zeendo is not the Domain Name Registration made by the Registrar third party, nor does it substitute it. The Domain Name Registration is the only registry with full and effective validity before third parties.

The following terms and conditions apply to this additional service specifically:


16.1 Registration

Upon the user’s request and further subject to this Agreement, Zeendo will register an Internet domain name or renew the user's registration of an existing domain name (the "Domain Name"), on behalf of the user, with a registrar selected by Zeendo (the "Registrar"). During the registration process, Zeendo will act as a mere intermediary between the user and the Registrar.

The Domain Name Registrar selected by Zeendo is OVH. All new domain registrations and subsequent renewals of those registrations will be subject to OVH terms and conditions (the “Registrar Terms and Conditions”). We encourage the user to read OVH’s terms and conditions, available at http://www.ovh.co.uk/support/termsofservice/ and www.ovh.es/dominios/naming-policy-ovh.xml.

Zeendo expressly informs that any domain name registration done through OVH and using the user’s Zeendo account will be subject to this Agreement to Zeendo’s Terms of Use.

Zeendo cannot guarantee domain name availability.


16.2 Free domain and payment of fees

Zeendo will provide one (1) free domain name with every new purchase of an annual subscription of the plans called “Professional” and “Ecommerce”. The free domain name applies only to certain TLDs (.COM, .NET, .ORG, .INFO, .NAME), when signing up for a new Professional or Ecommerce plan.

This offer is not valid on domain renewals or transfers. The domain name will be free of charge during the first year from its selection. After the first year, the user will be liable for any renewal fees that it may generate. Domain name registration orders are subject to OVH Domain Name Registration Terms and Conditions at https://www.ovh.co.uk/domains/.


16.3 Associated email accounts

Zeendo will allow users purchasing a domain through the platform and associating it to a website created with Zeendo, or associating a domain of their own to a website created with Zeendo, to create up to five (5) email accounts of a maximum of 1 GB each.

No email account creation will be allowed unless the domain is associated to a website created with Zeendo, whether the domain is purchased through the platform or not. In the same way, the email accounts will only be active for the same period as the website to which they are associated is alive. Therefore, if the website stops being active due to cancellation, non-payment, etc. from the user, the email accounts will too stop being active.

Zeendo will not allow these accounts to be used for spamming, so a maximum of 100 emails per hour and 500 emails per day will be allowed to avoid this practice. In the event that Zeendo detected that an account has been used for spamming, we will take control of this account and the corresponding measures will be taken as in accordance with section 2 of this Agreement.


16.4 Domain transfer

It is not allowed to transfer a domain name to another user or to another server.


16.5 Domain registration information

You are responsible for ensuring that Zeendo has accurate and current contact and billing information for you, including your full and real name, postal address and e-mail address.

You must also provide similar accurate and current contact information for all contacts in each field of your domain name registration record.


16.6 Loss of domain name due to non-payment

Your right and title to your domain name is for a finite period of time, measured by the term of your registration.

If you fail to pay your fees within the established period, you will lose claim to your domain name, which may be reused by Zeendo. Please note that you may be asked to pay your fees before the due date.

If you forfeit a domain name for non-payment, Zeendo will have the right, in its sole discretion, to (a) register and use the domain name for its own purposes; (b) sell or transfer the domain name to a third- party; or (c) delete the domain name and allow any new registrant anywhere in the world to register the domain name anew.

Further, you agree that Zeendo can charge the credit card you have on file with Zeendo to recover any amounts outstanding on your account.


16.7 Expiration and recovery of an expired domain

A domain will expire if it is not renewed once the term for which it was paid finishes.

It is possible to recover a domain name after it has expired. However, it may not always be possible to renew a domain name after its expiry. The domain may no longer be available if, for instance, Zeendo has reused it.

Renewal of a domain name after its expiry is subject to the same fees and taxes as if it was purchased for the first time.


16.8 Third party terms and conditions

Zeendo is permitted by the Internet Corporation for Assigned Names and Numbers (“ICANN") to register domain names on behalf of the user, who must agree to the terms and conditions of the domains Registrar.

The Registrar’s terms and conditions are listed at https://www.ovh.co.uk/support/termsofservice/ and www.ovh.es/dominios/naming-policy-ovh.xml.


16.9 Responsibility towards the domain name

Zeendo acts as a mere intermediary between the user and the domain Registrar, managing only the association of the domain registered to the website created by the user using the Service Zeendo. Zeendo will not be responsible for the loss of the registry or for the use given to the domain name.

Upon registration on behalf of the user, Zeendo will keep a file with registration information. In the event of any kind of complaint, whether in court, out of court or administrative, in connection with the user’s domain name, Zeendo may ban the user from using, modifying or transferring the domain registration file stored, or transfer control of the registration file to the corresponding judicial authority issuing a registration certificate.

The user on behalf of whom Zeendo registered the domain name title will be the sole responsible for any controversy arising from a third party as a consequence of the use of the domain.


16.10 Suspension or cancellation of the Service

The domain name and its registration are independent from the Service Zeendo. In the event that the user’s website disappeared or was suspended from use, or if the Service was cancelled, the user would still hold title to the domain registered and might associate it to another website.


16.11 Domain renewal

Zeendo will notify the user before the term of the domain expires in case the user wants to renew it.

Zeendo acts as a mere intermediary between the user and the Registrar, and therefore waives all responsibility for the expiry of the domain or for the user’s failure to renew the domain. The user with title to the domain will be the sole responsible for the renewal of the domain.


17. E-COMMERCE PLAN

Zeendo offers the user the possibility to create a website with electronic commerce by choosing an E- commerce plan from the plans offered.

With the E-commerce plan, Zeendo simply makes available for the user the tools needed to create a website which can be configured according to the minimum requirements of the Spanish legislation in electronic commerce.

It will be the sole responsibility of the user to comply with all the applicable legislation in electronic commerce, and to adopt the legal measures that the nature of the economic activity exercised through the website requires. In particular, the user will be the sole responsible for the commercial transactions made through their website, as well as for the relationships between them and their own clients.


III. ZEENDO GIFT CARD


18. Zeendo Gift Card Terms of Use


18.1. Elegibility and redemption

As it happens with all other products and services of Zeendo, Zeendo’s Gift Cards (“Gift Cards”) may only be used by users who are 18 years of age or older and who are legally capable of accepting these Terms of Use.

The Gift Cards are issued by Onbile Group and may be redeemed towards the purchase of Zeendo electronic credits. In order to redeem a Gift Card, the user must have internet access and an account at Zeendo.

The Gift Cards are subject to this Agreement, and specifically to this section of the Terms of Use.


18.2. Limitations to the use and redemption of the Gift Card

The Gift Card may be used for purchases of Zeendo products and services only. The Gift Card may not be used in other websites of Onbile Group or in other external websites.

The Gift Card is not redeemable for cash or other cards, is not reloadable or refundable, and cannot be combined by you with other non-Zeendo balances.

The Gift Cards cannot be resold, exchanged or transferred to a third party for value without Zeendo’s prior consent.

Limits may apply to the redemption and use of the Gift Card. If you have insufficient Zeendo balance to pay for an item at Zeendo, you won’t be permitted to carry out the transaction.


18.3. Expiration of the Gift Card

The deadline to redeem the card will be the same as the expiration date printed in the card. The periods and expiration dates specified on Zeendo’s website for the products purchased using the Gift Card also apply.


18.4. Fraudulent use of the Gift Card

Zeendo will have the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained Gift Card is redeemed and/or used to make purchases on Zeendo.


18.5. Online assistance

Online assistance is available to address problems related to the Gift Cards on the page www.zeendo.com/card or through any of the usual support channels of Zeendo.


18.6. Responsibility and guarantees

Once a Gift Card is purchased, the risk of loss and title for the Gift Card passes to the purchaser.

Zeendo is not responsible for any Gift Card that doesn’t work in the way described in these Terms of Use when failure is due to a third party, or if failure has been caused by the user, such as failure including without limitation any of the following: internet connection, computer, mobile phone or any other device to access the internet, internet services provider, mobile network. In the event that a Gift Card is non- functional due to technical issues, Zeendo will add the balance of the Gift Card to the user account.

The Gift Card, like any other product or service offered by Zeendo, includes and implies all the guarantees provided by law.


18.7. General terms

Zeendo Gift Cards are subject to these Terms of Use, and in particular to section 18: Zeendo Gift Card Terms of Use. When you purchase, receive or redeem a Gift Card, you agree to these Terms of Use. Use of the Gift Cards is also subject to Zeendo’s Privacy Policy.


IV. AFFILIATES


19. AFFILIATE USERS OF ZEENDO

Any user of Zeendo may become an Affiliate of Zeendo by means of Zeendo’s Affiliate Programme. For a user to join this programme, they will only have to register sending the Affiliate application available at http://zeendo.com/user/affiliate-manager/, accessible from their user account, and accept Zeendo’s

Once they constitute themselves as Affiliates, users must promote Zeendo’s Service to create responsive websites by including on their website, whether created with Zeendo or not, banners or other advertising tools for the Service. For each sale made at Zeendo coming from one of those banners or links advertised, the user will earn a commission.

The Affiliates Programme has its own terms and conditions. Inclusion of this section in this Agreement is merely informative and commercial, and it does not constitute an integral part of these Terms of Use. Accepting these Terms of Use doesn’t mean that you are accepting the Affiliate Programme Agreement, nor does it grant the user the condition of Zeendo Affiliate.


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