Terms and Conditions

www.onlinehubsites.info in run by The Online Hub, specialising in online tools and website development. For all the necessary information you can contact The Online Hub by e-mail: mail@onlinehubsites.info.

Definitions
Developer: Any person or company that registers to The Online Hub Service to develop Websites in accordance with the terms of this Agreement. Web Sites: Software, content and digital materials created using The Online Hub platform. End user: every individual that personally or in the name of a company visits or makes use of a website created by a Developer.

1. Introduction
OnlineHubSites is a publicly accessible website with which Developers and Users can create and manage Websites. In order to create and manage Web Sites, the Developer must have a valid OnlineHubSites account by accepting this agreement.

2. Accepting the Agreement
2.1 By creating a valid account, the Developer and/or User agrees to the terms and conditions of the present document.
2.2 Use of the OnlineHubSites is restricted to only those
  • of legal age to sign a binding contract with OnlineHubSites and
  • who may receive such services as per laws prevailing in the United States and/or other countries including the country of residence and/or country from where the services are being used.
    2.3 The Developer and/or User hereby declares and warrants having full power, capacity and authority to accept this Agreement. Should the Developer agrees to be bound by this Agreement on behalf of his employer or another entity, he declares and warrants that he has full legal authority on behalf of his employer or the aforementioned entity to accept this Agreement.

    3. End User Assistance
    Developer will be solely responsible for the provision of the services and maintenance of its Websites and any complaint regarding the same Websites. His contact information for the assistance shall be displayed on every page created by Developer, and made available to users to enable them to ask for assistance.
    The failure to provide appropriate assistance in relation to the Developer Websites may, in some cases, lead to the cancellation of the services provided by OnlineHubSites.

    4. Usage limitations
    4.1 The Developer agrees to use the Services only for purposes that are permitted by
  • this Terms and Conditions agreement and
  • any applicable law, regulation or generally accepted practices or guidelines for the relevant jurisdictions (including, as an example, any laws regarding data and software Export to and from the United States or other relevant countries).
    4.2 The Developer accepts through the use of the OnlineHubSites platform, to create and manage websites he will protect privacy and legal rights of the end users. If the Web Site created, has access and use personal information such as (and not limited to) username, passwords, age of birth, and so on, the Developer is obliged to inform the end user that himself or the product will use such information.
    4.3 Furthermore if the Developer has access to sensible information, he must:
  • produce a Privacy Policy that is compliant with the applicable laws
  • store and safeguard this information complying the applicable safety measures, and relevant storage duration
    • If any valid personal agreement has been signed by the parties, this will substitute the original agreement.
    4.4 Forbidden activities.
    The Developer agrees not to do anything (including development and publishing of Websites or any other material) that violates this Terms and conditions or:
  • Violates 3rd party Terms and Conditions
  • Violates local, regional or national laws
  • Include any activity which could interfere, violate, interrupt, harm hardware, software, networks, data of (and not limited to) other users or any other internet user
  • Would include false information
  • Violate intellectual properties of other users
  • Consent any forbidden download of unauthorized multimedia or streaming content
  • Violate intellectual property including licenses, patents, copyrights (refer to Digital Millenium Copyright Act by Google) trademarks, industrial secrets CONTENT THAT OnlineHubSites deems, IN ITS SOLE DISCRETION, RACIST, HURTING, ABUSING, ILLEGAL, PORNOGRAPHIC, OR UNACCEPTABLE FOR ANY REASON
    4.5 The Developer accepts to be the only responsible for all the Websites he has created and managed and of any consequence that may arise from his actions (including any damage or loss suffered by OnlineHubSites or third parties) and shall not hold OnlineHubSites responsible towards the Developer or third parties for any action done by the Developer itself.
    4.6 The Developers agree to be solely responsible for any breach of all the obligations under this Agreement, by existing contracts with third-party or third-party terms of service, the application of laws or regulations and also the consequences of the violation of the same (including any loss or damage suffered by OnlineHubSites or by third parties), and that OnlineHubSites is not responsible in any way against the Developer and the same third party for such violations.
    4.7 Marketing of the Product. The Developer will be responsible for its Websites, for the provision of the necessary information to end users, as well as the communication of precise security permissions, necessary for the operation of the Websites on users' computer, hardware or other devices.

    5. Licenses
    5.1 The Developer gives OnlineHubSites a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to host, create link, copy, modify, translate, publish, publicly display, test and distribute any Website and related Content which the Developer submits, post or display through, the Website.
    5.2 The Developer gives user a perpetual, irrevocable, worldwide, and non-exclusive license to execute, display and use Websites and related content. The Developer has the opportunity to include a different license agreement with the End User (EULA) , which will regulate end user rights related to product license.
    5.3 OnlineHubSites can take advantage of consultants or other representatives to execute and comply to the rights presented in this Agreement, provided that these consultants and representatives must comply to the same commitments of OnlineHubSites. Upon termination of this Agreement, OnlineHubSites will not distribute Developer Web Site anymore, but may retain and use copies of the Website for support purposes related to the OnlineHubSites service.
    5.4 The Developer declares and warrants that it holds, and maintain, all the rights necessary to grant the licenses to the Web sites and the content available or transmitted through the Web sites to OnlineHubSites, its affiliates and Websites users.
    5.5 Subject to the license rights granted in this Agreement,
  • the Developer retains all rights in and to the Web sites and
  • each party retains all rights held independently to this Agreement, including the rights held under the U.S. Copyright Act or similar laws of other jurisdictions.
    OnlineHubSites acknowledges and agrees that it obtains through this agreement from the Developer (or Developer’s licensors) any right, title or interest under this Agreement on the content he submits, posts, transmits or displays on or through the Website, including any intellectual property rights present in that content (whether those rights are registered or not, and wherever in the world they exist). Unless otherwise agreed in a written agreement with OnlineHubSites, Developer agrees to be responsible for protecting and enforcing those rights and that OnlineHubSites has no obligation to do so on his behalf.

    6. Brand and advertisement
    6.1 For "Brand Features" we mean the registered brand names, trademarks, logos, domain names and other distinctive brand distinctive elements of each party, owned by (or licensed to) such part when needed.
    6.2 Each party owns all the rights, title and interest, including without limitation all intellectual property rights related to the distinctive elements of its brand. Except as expressly provided in this Agreement, neither party grants , nor the other party acquire, any right, title or interest (including , without limitation, any implied license ) in respect of the Brand Features of the other party. Pursuant to the terms and conditions of this Agreement, Developer grants OnlineHubSites and its affiliates a non-exclusive limited license valid for the duration of this Agreement to show the Developer Brand Features in order to use them in relation to OnlineHubSites and perform its obligations under this Agreement . Nothing provided in this Agreement gives the developer the right to use the brand names, trademarks, logos, domain names, or other distinctive brand owned by OnlineHubSites.

    7. Removal, Control and Updates
    7.1 Removal by the Developer.
    The Developer may remove its Web sites from OnlineHubSites at any time, in such a way that they will not be manageable for the future through OnlineHubSites, but must comply with the terms of this Agreement in relation to each website managed by OnlineHubSites. The removal of the Websites by Developer from OnlineHubSites so that they are no longer distributed through OnlineHubSites
  • do not produce the termination or modification of the license rights of end users who have previously used the Web sites or
  • does not involve the removal of the Websites from computers, hardware or other devices owned by end users, or from any section of OnlineHubSites where information is stored on the Web Site
    7.2 Control and removal by OnlineHubSites.
    While OnlineHubSites has no obligation to monitor the Web sites or their content, it may at any time inspect or test the Developers’ Websites as well as their source code to verify that they meet the terms of this Agreement.
    Where OnlineHubSites is informed by Developer or becomes aware in other ways and assess at its sole discretion that a Developer Website, or distinctive elements of Developer brands
  • infringe intellectual property rights or any other rights of any third party ,
  • violate applicable law , or are subject to injunction ,
  • contain pornographic, obscene or otherwise violate the standards of OnlineHubSites hosting or other terms of service occasionally updated by OnlineHubSites at its sole discretion ,
  • are published or distributed incorrectly , and
  • may give rise to liability against OnlineHubSites or any third party ,
  • contain viruses or are considered by OnlineHubSites as malware, spyware or harmful for the OnlineHubSites network or third parties;
  • violates the terms of this Agreement or OnlineHubSites program, or
  • damage the integrity of the OnlineHubSites servers (for ex. users are unable to access content or have issues),
    OnlineHubSites may prevent the display of the Web Site, remove the website from its system, disable or remove remote systems or devices of the user, or flag, filter change related materials (including , without limitation , descriptions, screenshots or metadata) or reclassify the Web Site at its sole discretion. Developer may contact OnlineHubSites for any question or concern about removal. OnlineHubSites reserves the right to suspend or prevent access to any system Website at its sole discretion.

    8. Developers credentials
    8.1 The Developer agrees to be responsible for the confidentiality of credentials chosen by the developer or that can be issued from OnlineHubSites itself or its partners, and will be solely responsible for all applications developed using this Developer credentials .
    8.2 OnlineHubSites can limit the number of Websites that the Developer, the society or the organization for which he works, realizes or manages.
    8.3 OnlineHubSites may, at its sole discretion, suspend or terminate the right of the Developer to manage his Websites through OnlineHubSites for any reason, including, without limitation:
  • breach of this Agreement or the OnlineHubSites Program or
  • violation of any intellectual property law, including copyrights.

    9. Privacy
    9.1 In order to innovate and improve the service, some statistical data on the use of the service and computers, devices or other hardware of the users, including, but not limited to, information on how to use OnlineHubSites and sites, may be collected.
    9.2 Data collected are examined as a whole for improvements for the benefit of users and developers and are maintained in accordance with our Privacy Policy.

    10. Duration of Contract, Service Cost and Withdrawal/Termination of the Contract
    10.1 Duration of Contract
    This Contract has a duration of one year and will be renewed until its termination by the Developer, User and/or final User or by OnlineHubSites itself, according to the terms indicated below.
    In order to avoid service interruptions (like, for instance, the non-renewal of the domain in due course, etc.) the automatic payment system could proceed with the charging – in the payment system already chosen by the Developer and/or User – of the service cost from thirty (30) days before the performing contract expiration date. In case the charging attempts should fail, OnlineHubSites takes no responsibility for the direct or indirect damage deriving from the renewal failure of all the services bought by a third party which provide a yearly renewal.
    In any case the automatic renewal will not be effective if the service cost – due to the payment profile chosen by the Developer and/or User – has not already been cashed by OnlineHubSites at least ten (10) days before the performing contract expiration date.
    10.2 Cost of Service
    The cost of the service is meant to be annual. It can however, be paid, by Customer’s choice, with a single annual deposit or with single monthly deposit. In case the Client chooses the monthly payment form, he/she will be able to switch to the annual form the following year and the discount for the annual payment form will be applied, but the opposite right is expressly denied.
    10.3 Withdrawal/Termination of the Contract
    10.3.1 Consumer withdrawal
    At the end of each term of annual or monthly contract, the Consumer is free to choose to pursue or cancel the use of the service.
    10.3.3 Termination of the Contract
    OnlineHubSites can, at every moment, terminate this Contract with the Developer, User and/or final User – as an example but not only – if:
  • the Developer, User and/or final User violates any disposition of this Contract;
  • OnlineHubSites is forced by law to proceed in this way;
  • OnlineHubSites decides to provide no service any longer.
    10.4 After the termination of this Contract, OnlineHubSites will stop distributing the Website of the Developer, User and/or final User, but may keep and use copies of it for support purposes which are linked to the OnlineHubSites service

    11. Disclaimer of Warranties
    11.1 OnlineHubSites is provided "as it is available", with the exclusion of any guarantee, without limitation, any guarantee related to timing, frequency and implementation of the product updates distribution
    11.2 The use of OnlineHubSites and any material downloaded or otherwise obtained through the use of OnlineHubSites by the developer and / or user, is at its sole discretion and at its own risk. The developer and / or users are solely responsible for any damage caused to computers or other devices and the loss of data resulting from such use.
    11.3 OnlineHubSites makes no warranty or condition of any kind, express or implied, including, but not limited to, the implied warranties and conditions of merchantability, appropriate for a particular purpose of the violation.

    12. Limitations of Liability
    The developer and/or user expressly agrees that OnlineHubSites, its partners, its affiliates, distributors and affiliates, and licensors are not liable to the developer for any direct, indirect, incidental, special, consequential or exemplary damages allegedly suffered by the developer, and anything gives the cause and the theory of liability. It is included any loss of data, even if OnlineHubSites or its representatives have been advised of or should have been aware of the possibility of such losses.

    13. Indemnification obligations
    To the extent permitted by law, the developer and/or user agrees to indemnify OnlineHubSites, its affiliates and their respective directors, officers, employees and agents from any claim, action, suit or proceeding and from any loss, liability, damages, costs and expenses (including attorneys' fees) arising, first, from the use of OnlineHubSites by the developer and/or user, in violation of this Agreement, the Rules of the program OnlineHubSites or any law or regulation. Secondly, from the breach through the Web Site Developer of copyright, trademark rights, trade secrets, trade dress, patents or any other intellectual property right of any person arising out of or defames any person or infringement of its rights of publicity editorial or privacy. Thirdly, from claims of third parties arising out of or relating to the Site or the Web Developer's use of the latter OnlineHubSites.

    14. Changes of the Contract
    OnlineHubSites may make changes to this Agreement. When these changes are made, OnlineHubSites will post the new copy of the Contract at its site. It is responsibility of the Developer and/or User to periodically check the terms and conditions of this Agreement. The changes will become effective and shall be deemed accepted by the Developer and/or User in the following situations: immediately for those who become Developers and / or Members after the change; (b) for those who are already developers and/or users, the changes will be effective when the developer accepts the modified Agreement (except changes required by the law that will be effective immediately) or 7 days after the publication of the amendment, if the developer continues to use the services of OnlineHubSites.

    15. Legal terms
    15.1 This Agreement constitutes the entire legal agreement between you and OnlineHubSites, governs the use of OnlineHubSites by the Developer and completely replaces any prior agreements between you and OnlineHubSites. The Developer Agreement for OnlineHubSites, the program policies and Terms of Service of OnlineHubSites will be applied in the order indicated if there is any inconsistency between them, to the extent of such inconsistency.
    15.2 The developer agrees that failure to exercise or enforce by OnlineHubSites of any legal right or remedy under this Agreement (or anything else OnlineHubSites benefits under any applicable law) will not be considered as a formal waiver of rights to OnlineHubSites and that those rights or remedies will still be available to OnlineHubSites.
    15.3 If a Court having the jurisdiction in this matter, rules that any provision of this Agreement is invalid, that provision will be removed without affecting the other terms of the Contract. The remaining provisions of this Agreement shall continue to be valid and enforceable.
    15.4 Export Limitations. The websites available in OnlineHubSites may be subject to export controls or restrictions imposed by the European Union. Developers agree to comply with all export laws and regulations in force in the European Union. These laws include restrictions on destinations, end users and end use.
    15.5 The rights granted in this Agreement may not be assigned or transferred to other parties (the Developer or OnlineHubSites) without the prior written consensus of the other party. Neither the developer nor OnlineHubSites be permitted to delegate their responsibilities or obligations under this Agreement without the prior written consensus of the other party.

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