1. We’re happy to have you here and we hope you enjoy your time with us. When we say ‘we’, ‘us’ or ‘TechNola’ it’s because that’s who we are and we own and run TechNola website builder platform. This is our agreement that we make with you when you use TechNola website builder platform and it applies whether you are just browsing our service or using TechNola website builder platform to build, manage or host your website.
2. Thanks for taking the time to read and understand these terms because they govern your use of TechNola website builder platform and set out your rights and obligations.
3. If you can’t, or don’t want to, accept these terms, then we’re sorry but you must not use or browse TechNola website builder platform.
4. You need to be 18 years or over to use TechNola website builder platform. If you’re under 18 you will need to be under the supervision of a parent or legal guardian who is at least 18 years of age, and this adult will be responsible for all your activities.
5. What we provide: We provide a software platform, tools and hosting service for you to build and manage a website, access a library of compatible themes, and access our customer support.
6. License: We give you the right to use the TechNola website builder platform, tools, themes and hosting service in the following ways (in legal speak we give you a limited, revocable, non-exclusive license to):
“Non-exclusive” means that other users of TechNola website builder platform will have access to the same tools and themes as you, and they might use those tools in a way that makes their website look similar to yours.
7. Limitations on License: The license we give you applies only to the extent necessary to allow you to access and use TechNola website builder platform in accordance with these terms. You cannot copy, re-sell or redistribute (even for free) the TechNola website builder platform, tools or themes. You cannot copy the website you have created on TechNola website builder platform and use it elsewhere. You cannot reverse engineer or create your own platform, tools or themes derived from our (or our contributors’) intellectual property (IP).
8. Subscription fees: In order to build, host and maintain a website with TechNola website builder platform you must pay a monthly subscription fee. The gross monthly subscription fee will be the fee you agree to pay when you start or modify subscription. Your subscription will be limited to a single website. You may build and run multiple websites but each will be subject to its own subscription and associated monthly subscription fees.
9. Refunds: We do not offer a refund or credit on a purchased subscription unless we have made changes to these terms that materially affect you to your detriment, one of the promises given by us have been breached, or as required under relevant consumer protection laws. There is no obligation to provide a refund or credit in situations like the following:
10. Cancellation: You may cancel your website subscription at any time. When a subscription is canceled, we will stop charging fees related to that website and remove the website from our hosting so that it is no longer publicly accessible.
11. Disputes lodged with payment agents: If, as a Subscriber, you lodge a dispute with a payment agent, this will result in a freezing of your TechNola website builder platform subscription and your TechNola account until the dispute raised with the payment agent has been closed. This makes it very complex to resolve any related issues so we encourage you to contact us directly first to see if we can help resolve any concerns.
12. You promise that you own (or have a license to use) the IP in any content (such as words, videos, music or pictures) that you create, upload or make public to a website on TechNola website builder platform. You give us permission to use any content you upload to the TechNola website builder platform to the extent required to deliver the TechNola website builder platform services to you.
13. You agree that you are liable and responsible for your use of TechNola website builder platform, for any content you create, upload or make public using TechNola website builder platform, and for your breach of any agreement, law or infringement of anyone’s IP rights.
14. We have no responsibility to you or to any other person for all liabilities, costs, expenses (including legal fees) and loss arising from third party claims due to any of the matters set out in the terms & conditions of this agreement and you agree to indemnify us, our directors, officers, employees and agents from those liabilities, costs and expenses (including legal fees).
This means that you protect us from costs and claims that happen because of your use of TechNola website builder platform.
15. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to reasonably cooperate with our defence of that matter.
16. Your details: You promise that information you give us is true, accurate and complete and that you will keep your login information up-to-date (including a working email address). Your login is not transferrable to somebody else. You are responsible for any use of TechNola website builder platform that occurs in conjunction with your login details so keep your password secure and don’t let any other person use your login. If you realise there’s any unauthorized use of your password or any breach of security you need to let us know immediately.
17. Prohibited conduct: You promise not to use TechNola website builder platform in a way that violates applicable law, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory. You also promise not to use TechNola website builder platform to make any website (or part of any website) that does any of these things.
18. Fair use: Our goal is for all users to have fair and reasonable access to TechNola website builder platform. In order to achieve this, we may impose limits on the way you use the service and the amount of data that can be transmitted to and from our servers over a particular length of time.
19. We, or our contributors, own all the content that we have put on TechNola website builder platform (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of TechNola website builder platform, and copyright, trademarks, logos, designs, themes and other IP on TechNola website builder platform. You may not copy, distribute, modify or make derivative works of any of this content or use any of this IP in any way not expressly stated in these terms.
20. You acknowledge that you don’t (and won’t) own:
For example, if you position website design elements in a particular way using Envato Sites, you cannot claim that the particular positioning is your own IP.
21. We may temporarily or permanently disable your website or take-down content from your website if there is a take-down request or dispute about copyright or other IP rights related to content on your website.
If you claim an IP right (like copyright) and believe that any TechNola website builder platform or user website content infringes your right, please see the section at the end of these terms called “What if you think your content is being used without your permission?”
22. Changing or discontinuing themes: We reserve the right to change or discontinue themes at our discretion. If a theme is amended or discontinued for any reason, your website may be migrated to a different theme, if necessary without notice. We will do what is reasonable to make the transition as hassle-free as possible, but you may need to make changes to your website in order to suit the new theme.
23. Content removal: We can look at or remove any of your content for any reason at our discretion. This might be because we need to provide you with support or correct an issue with your website, or because we receive a copyright take-down notice, or we think that the content or its use is unauthorised, unlawful, misleading, incorrect, offensive, or in breach of anyone else’s rights.
24. Privacy: We respect your privacy. As a registered TechNola website builder platform user you will be asked to provide some information about yourself. This information may be used by us and contractors in connection with providing the TechNola website builder platform services, including marketing activities.
Our Privacy Policy explains how we deal with your information and it forms part of these terms.
25. Confidential Information: We value your information and take reasonable precautions to protect it. While we take reasonable steps to preserve the security of your information, please be aware that we can’t promise that your use of the TechNola website builder platform will be confidential, and we can’t promise that any information you provide to us is perfectly secure.
26. Content storage: You acknowledge that anything you upload or add to a website on TechNola website builder platform will be stored on our servers and may be backed up over multiple locations. We will not use this data for any purpose other than to provide the services to you under this agreement, but you acknowledge that the information may remain in our possession after you cease using TechNola website builder platform.
27. Web analytics: We may collect and use web analytics information about visitors to a website you build or manage using TechNola website builder platform. We use this information for statistical and website development purposes and to improve our services to you. Web analytics information includes:
28. We promise to provide the TechNola website builder platform service with reasonable skill and care.
29. We otherwise do not make any express or implied promises about TechNola website builder platform or the TechNola services.
30. We grant you a limited indemnity on the following terms. If:
then we will indemnify you against any court awarded damages finally awarded against you or any settlement damages agreed to by us relating to that claim.
31. We otherwise exclude all liability to the extent permitted by law.
32. Availability: We will strive to have TechNola website builder platform (and your website) available to you 24 hours a day, seven days a week but you know how the internet works: occasionally there may be interruptions to TechNola website builder platform or your website, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change the functionality applicable to your website or TechNola website builder platform in general. We will not be liable to you for any loss you suffer as a result of these things.
33. Third party: If you’re agreeing to these terms on behalf of someone else (like your employer), then you’re promising to us that you have full legal authority to bind that third party.
34. Disclaimer: In some places there may be consumer or fair trading laws that apply and that may give you rights that we cannot exclude, restrict or modify (‘non-excludable law’). We do not exclude or modify any non-excludable law. Except as provided in a non-excludable law, we are bound only by the express promises made in these terms and we are not bound by implied terms. Except as provided in a non-excludable law, our liability for breach of any implied warranty or condition which cannot be excluded is limited, at our option, to either replacement or paying the cost of replacement.
35. Relationship between the parties: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us.
36. Changes to TechNola website builder platformTerms: Although we can change any of our terms at any time we will take reasonable steps to let you know when we do so.
37. Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion. TechNola means TechNola Visual Communications LLC.
38. Applicable Laws: We control and operate TechNola website builder platform from our offices in Birmingham, Alabama. The laws of the State of Alabama govern these user terms, and you submit to the jurisdiction of the courts there.
39. There are two main ways to let us know if you think your content is being used without permission. For copyright owners – the DMCA takedown notice process is described below. For other IP rights owners, including trademark owners – you can contact us at [email protected].
40. DMCA takedown notice process: If you’re a copyright owner you’ll need to send a signed, dated DMCA takedown notice to us. We have to send this DMCA takedown notice to the other person, which means your details will be passed to them. The other person can submit a DMCA counter-notification if they disagree with your DMCA takedown notice and they might contact you directly using your contact details. The quickest way is to send it to our support team at [email protected]. The notice must:
41. Address for notices: All notices should be addressed to the TechNola Visual Communications, 420 20th Street North, Suite 2200 Birmingham, AL 35203, send emails to [email protected]