General Terms and Conditions

1 - Introduction

Our Services offer Users the ability to create an engaging and truly functional online presence, manage and promote their businesses, content and ideas, and have a real blast doing it—without being a genius programmer or a design whiz. As detailed below, we offer our Users a variety of tools and features to create, publish and operate beautiful websites, e-commerce platforms, newsletters, galleries, media players, mobile applications and other online or mobile applications, tools and services. Websites and online or mobile platforms created by Users are collectively referred to herein as “User Platforms”.

2. Content and Ownership

Since as between you and Sitsh Technology, you own all intellectual property relating to your User Content and any other material created by you, including any design, image, animation, video, audio file, font, logo, illustration, composition, artwork, code, interface, text and literary work, Sitsh Technology does not claim any ownership rights over your content. For the sole purpose of providing you with the service, you know and agree that we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDNs, to make display adjustments, to duplicate for backup purposes and to perform any other activity and/or technological use to operate our services, as we deem appropriate.

All rights, titles and interests in and to the Sitsh Technology Services, including any copyrightable materials or other content that is or may be subject to intellectual property rights under applicable laws including: artwork, graphics, images, website templates and widgets, literary works, source and object code, computer code (including HTML), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the look and feel of the Sitsh Technology Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, personalized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, the “Intellectual Property”), and any derivative works thereof, are owned by and/or licensed to Sitsh Technology.

Subject to your full compliance with the Sitsh Technology Terms and timely payment of all applicable Fees, Sitsh Technology grants you, upon creation of your User Account and for so long as Sitsh Technology wishes to provide you with the Sitsh Technology Services, a non-exclusive, non-transferable, non-divisible, fully revocable, limited license to use the Sitsh Technology Services and the Licensed Content for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) contained therein, solely as expressly permitted by the Sitsh Technology Terms and solely through the Sitsh Technology Services.

The Sitsh Technology Terms do not convey any right or interest in or to Sitsh Technology’s Intellectual Property (or any part thereof), except for the limited license expressly granted above. Nothing in the Sitsh Technology Terms constitutes an assignment or waiver of Sitsh Technology’s Intellectual Property rights under any law. In addition to the foregoing, certain fonts made available to you as part of the Sitsh Technology Services are licensed to Sitsh Technology from a third party and are therefore subject to additional license terms, a summary of which is available for your review at https://www.Sitsh Technology.com/

#ToutSimplement We own all rights to our services, content, data, technologies and features.

You may use our Services and Content as long as you fully comply with these Terms and make full and timely payments of any amounts due.

Some fonts made available to you are provided under license from a third party, be sure to read their terms as well.

Feedback and Suggestions If you provide us with any suggestions or feedback regarding the Sitsh Technology Services (whether existing, suggested or contemplated) that are or may be the subject of Intellectual Property Rights (“Feedback”), such Feedback shall be the exclusive property of Sitsh Technology. By providing such Feedback to Sitsh Technology, you acknowledge and agree that such Feedback may be used by Sitsh Technology to: (i) develop, customize and improve the Sitsh Technology Services in the future, (ii) provide ongoing technical support and assistance, (iii) contact you via general or personalized notifications relating to Sitsh Technology and/or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) create statistics by aggregating data and other aggregated and/or inferred information, which may be used by Sitsh Technology to provide and improve its services, (vi) improve data security and fraud prevention measures implemented by Sitsh Technology, and (vii) comply with all applicable laws and regulations. In addition (1) you represent and warrant that such Feedback is accurate and complete and does not infringe the rights of any third party; (2) irrevocably assign to Sitsh Technology any and all right, title and interest you may have in such Feedback, and (3) expressly and irrevocably waive any claim to any moral rights, copyright or other similar rights, past or present, worldwide, in or relating to such Feedback.

3. Your obligations

3.1. You represent and warrant that :

1. you are at least thirteen (13) years old, or sixteen (16) years old if you reside in the European Union (EU), or the legal age of majority in your country and have the legal authority, right and freedom to accept the Sitsh Technology Terms and to execute an agreement between yourself, or a person or entity you represent, with the Sitsh Technology Terms ;

2. you are not a resident of (or will not use the Sitsh Technology Services in) a country that is embargoed by the U.S. government with respect to use of the Sitsh Technology Services, and you are not listed on the U.S. Treasury Department’s list of Specially Designated Nationals, or otherwise subject to applicable trade sanctions regulations ;

3. your country of residence and/or the country of registration of your company is the same as the country indicated in the contact details and/or billing address that you provide to us ;

4. you understand that Sitsh Technology does not provide legal advice or recommendations regarding the laws or requirements applicable to your use or your End Users, or your compliance therewith. ;

And more specifically regarding your User Content :

5. You confirm that you own all rights in and to any content uploaded or provided by you, or imported, copied or posted by the Sitsh Technology Services for you, on your User Platform (“User Content”), including any design, image, animation, video, audio file, font, logo, code, illustration, composition, artwork, interface, username, information provided by you for the purpose of creating a subdomain, text, literary work and any other material (“Content”), or otherwise have (and will continue to have) full power, title, licenses, consents and authority over the User Content, as necessary for the lawful access, import, copy, use, publication, transfer or license of such User Content, by you and us or any of our affiliates ;

6. you hold (and will maintain) full power, title, license, consent and authority to authorize access from any website, web page and/or other online service to the Sitsh Technology Services in order to import, copy, display, upload, transmit and/or otherwise use, your User Content.

7. User Content is (and will continue to be) true, current, accurate, non-infringing, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display, or otherwise use in the country where you, your visitors and users of the User Platform (“End Users”) reside or for Sitsh Technology or End Users to access, import, copy, upload, use, or otherwise proceed in connection with the Sitsh Technology Services ;

8. you have obtained all consents and authorizations required under any applicable legislation regarding the display, transmission and publication of any personal information and/or any information involving the right to the image or a resemblance to any person, entity or property forming part of the User Content, and you undertake to comply with the legislation relating thereto.

#SimplyWe own all rights to our services, content, data, technologies and features.

You may use our Services and Content as long as you fully comply with these Terms and make full and timely payments of any amounts due.

Some fonts made available to you are provided under license from a third party, be sure to read their terms as well.

3.2. You agree to and accept :

1. fully comply with all applicable laws and all other contractual terms that govern your use of the Sitsh Technology Services (and any related interactions or transactions), including laws that apply specifically to you or your End Users in each of your geographic locations ;

2. être seul responsable s'agissant des utilisations des Services Sitsh Technology intervenant via votre Compte d'Utilisateur et/ou vos Plateformes d'Utilisateur, et de tous vos Contenus d'Utilisateur (y compris concernant les conséquences de l’accès, de l’importation, de la mise en ligne, de la copie, de l’utilisation ou de la publication de tels Contenus d'Utilisateur dans ou en relation avec les Services Sitsh Technology) ;

3. regularly and independently record and back up your User Content and the information you process in connection with your User Platform, including, in the case of End Users, User Products and any Third Party Applications and/or Services you use ;

4. receive promotional messages and content from Sitsh Technology or its partners at any time, by post, email or through any contact information you provide to us (including your telephone number for calls or text messages). If you no longer wish to receive such messages and promotional content, you can contact us at any time ;

5. permit Sitsh Technology to use in perpetuity, worldwide and free of charge, a version of your User Platform (or any part thereof) for the purposes of Sitsh Technology's promotional or marketing activities, online and/or offline, and to modify it within reasonable limits in relation to the intended purposes, and waive any claim against Sitsh Technology or anyone acting on its behalf concerning moral rights, copyright or any other rights, past, present or future, worldwide, that you may hold in or in relation to your User Platform, in respect of such uses being of a permitted and limited nature ;

6. consider as being at the sole discretion of Sitsh Technology the means, manner, and method of providing the Sitsh Technology Services, including those relating to the hosting, transmission, publication and/or display of any platform and/or User Content (including the inclusion and presentation of any advertising or other promotional content therein).

7. Sitsh Technology has the right to offer the Sitsh Technology Services under separate pricing plans and to impose different restrictions such as relating to the uploading, storage, downloading and use of the Sitsh Technology Services in each pricing plan, including but not limited to restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, volume of download time, number of subscribers to your Content, etc.

3.3. You undertake and agree not to :

1. copy, modify, reuse, create derivative works from, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Sitsh Technology Site, the Sitsh Technology Services (or any part thereof), any content offered by Sitsh Technology or Third Party Services for use and display in the User Platforms (“Licensed Content”) and/or any part thereof, or publicly display, perform, transmit or distribute any of the foregoing without the prior written and specific permission of Sitsh Technology and/or unless expressly permitted under the Sitsh Technology Terms ;

2. send, transmit or post any User Content, or use any Licensed Content in any manner that may be considered defamatory, libelous, obscene, harassing, threatening, inflammatory, abusive, racist, offensive, misleading or fraudulent, that encourages any unlawful or harmful act, or that violates the rights of Sitsh Technology or any third party (including intellectual property rights, privacy rights, and contractual or fiduciary rights), or that portrays any person, entity or brand in a critical or disparaging manner without obtaining its express prior permission ;

3. act in any illegal way to collect login data and/or passwords for other websites, third parties, software or services ;

4. Phish, harvest, post or otherwise make available credit card information or other forms of financial data used to collect payments, unless done in compliance with applicable laws, including PCI DSS where applicable ;

5. upload, collect or otherwise make available through the Sitsh Technology Website or Sitsh Technology Services (or any portion thereof), (i) any Content that is malicious, unlawful, defamatory or obscene; and/or (ii) any “Protected Health Information” as defined by the U.S. Health Insurance Portability and Accountability Act (“HIPAA”).

6. publish and/or use Sitsh Technology Services or Licensed Content on any website, media, network or system other than those provided by Sitsh Technology, and/or create a “frame”, “deep link”, “page scrape”, mirror and/or create a browser or border environment based on the Sitsh Technology Services, Licensed Content and/or a User Platform (or any part thereof), except with the express prior written permission of Sitsh Technology ;

7. use any “robot,” “spider,” or other automatic device, program, script, algorithm, methodology, or similar or equivalent manual process to access, acquire, copy, or monitor any portion of the Sitsh Technology Services (or its data and/or Content), or reproduce or circumvent the navigational structure or presentation of the Sitsh Technology Services to obtain or attempt to obtain any information, materials, services, or information through any means not otherwise made available through the Sitsh Technology Services ;

8. act in a manner that could be perceived as damaging to the reputation of Sitsh Technology or which would discredit or harm Sitsh Technology ;

9. purchase keywords from a search engine or pay per click service (such as Google AdWords) or domain names that use trademarks, variations or a differently spelled version of the name Sitsh Technology or the Sitsh Technology Marks ;

10. impersonate any person or entity or provide false information in the Sitsh Technology Services and/or User Platform, whether directly or indirectly, or carry out any manipulation in order to conceal your identity or the origin of any message or transmission you send to Sitsh Technology and/or End Users ;

11. falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Sitsh Technology or any third party recommends you, endorses your User Platform, your business, your User Products or any statement you make ;

12. perform any reverse lookup, tracking or attempt to track any User of Sitsh Technology Services, or interfere with or infringe upon the privacy or other rights of any User, or collect or harvest personal information about visitors or users of the Sitsh Technology Services and/or a User Platform without their express and informed consent;

13. disable, circumvent, evade or avoid any measure that prevents or restricts access to the Sitsh Technology Services, a User Platform, any other User's account, other systems or networks connected to the Sitsh Technology Services, by hacking, password mining or other illegitimate or prohibited ways ;

14. probe, scan or test the vulnerability of the Sitsh Technology Services or any network connected to the Sitsh Technology Services ;

15. upload to or otherwise use the Sitsh Technology Services and/or User Platform to design, develop, distribute, transmit or execute any virus, worm, Trojan horse, time bomb, web beacon, spyware, malware or any other computer code, file or program that may be or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment or any other code or component that is or may be harmful, disruptive or invasive ;

16. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sitsh Technology Services or any Sitsh Technology systems or networks connected to the Sitsh Technology Services, interfere with or disrupt the operation of any Sitsh Technology Services, or the servers or networks that host or make them available, or violate any requirements, procedures, policies or regulations governing such servers or networks ;

17. use the Sitsh Technology Services and/or User Platform in connection with any form of spam, unsolicited email, fraud, scams, phishing, “chain letters”, pyramid schemes or similar conduct, or engage in unethical marketing or advertising ;

18. access the Sitsh Technology Services, User Accounts, Licensed Content and/or User Content, through any technological means (e.g., scraping and crawling) other than our publicly displayed interfaces ;

19. sell, license or exploit for any commercial purpose any use of or access to the Licensed Materials and/or Sitsh Technology Services, except as expressly permitted by the Sitsh Technology Terms ;

20. remove or modify any copyright notices, watermarks, restrictions and notices indicating the exclusive rights of any of our licensors, including the copyright mark [©], Creative Commons indicators [(cc)] or trademarks [® or ™] contained in or accompanying the Sitsh Technology Services and/or Licensed Materials;

21. violate, attempt to violate, or otherwise fail to comply with the Sitsh Technology Terms or any laws or requirements governing your use of the Sitsh Technology Services;

22. access or use the Services for benchmarking or other similar competitive analysis or in order to build a competitive product or service.

You acknowledge and agree that your failure to comply with the foregoing or any misrepresentation made by you herein may result in immediate termination of your User Account and/or the Services provided – with or without further notice and without any refund of amounts paid for such Services.

4. Confidentiality

Certain portions of the Sitsh Technology Services (including certain third-party services made available through them, as further explained in Section 9 below) require or involve the submission, collection and/or use of certain personally identifiable or identifying information. In particular, and in connection with accessing or using the Sitsh Technology Services, Sitsh Technology and such Third-Party Services may collect, use and access certain data relating to Users and End Users, including the activities or browsing performed by Users and End Users through the Sitsh Technology Services and/or User Platforms. We encourage you to periodically review our Privacy Policy and the policies regarding each of these Third-Party Services for a description of such data collection and usage practices.

5. Service Fees

5.1. Paid services

Use of certain Sitsh Technology services may be subject to the payment of specific fees, the amount of which is determined by Sitsh Technology in its sole discretion (“Paid Service” and “Fees,” respectively). Sitsh Technology will provide notice of such Fees then in effect with respect to such Paid Services. If you wish to use or benefit from such Paid Services, you will be required to pay all applicable Fees in advance.

Sitsh Technology reserves the right to change its Fees at any time, upon notice if such changes may affect your existing subscriptions. If you have received a discount or other promotional offer, Sitsh Technology shall have the right to automatically renew your subscription to such Sitsh Technology Services without notice, at which time the Fees shall be at the full applicable rate.

All fees shall be deemed to be in U.S. dollars, unless expressly stated otherwise by Sitsh Technology in writing. To the extent permitted by law (and unless otherwise specified by Sitsh Technology in writing), all Fees are exclusive of any taxes (including VAT, sales tax, goods and services tax, etc.), customs or other fees imposed by taxing authorities ("Taxes"), and you shall be responsible for paying all applicable Taxes in connection with your use of the Sitsh Technology Services, or for payments or purchases made by you. If Sitsh Technology is required to collect or pay Taxes in connection with the Fees payable by you, and notwithstanding that such Taxes have been added to or collected from you for prior transactions, such Taxes may be added to the payment of any Fees not yet paid and will appear on the Invoice for the transaction in question. We recommend that you check for any additional fees that may be charged to you by a Third Party in connection with the purchase of Paid Services, or the renewal thereof (international transaction fees, currency exchange fees, or bank or credit card fees). Sitsh Technology is not responsible for any such additional fees or costs.

In connection with registering for or submitting information to receive Paid Services, you also authorize Sitsh Technology (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment and service fees (or charge, refund or take other billing action) from our payment provider or your designated bank account, and to make any inquiries that Sitsh Technology or its subsidiaries deem necessary to validate your designated payment account or financial information to ensure that payment is made in a timely manner, including to receive updated payment details from your payment account provider, credit card or bank (for example, an expiration date or an updated card number as may be provided to us by your credit card company).

You must save a credit card on Sitsh Technology in order to pay for your Paid Services ("Saved Card"). You will be able to identify your saved Card using its last four numbers as on your Account Settings Page.

5.2. Invoices

Sitsh Technology and/or its affiliates will issue an invoice or credit note for any payment of Fees or a refund made to or by Sitsh Technology ("Invoice"). Each Invoice will be issued electronically and in accordance with the country specified in your billing address. It will be made available to you via your User Account and/or by email. In order to issue the Invoice, you may be required to provide certain Personal Information (as that term is defined in the Privacy Policy) to comply with local law. Please note that the Invoice presented in your User Account may not meet the requirements of local law, and should therefore be used for reference purposes only.

5.3. Money Back Guarantee

If you are not satisfied with any of the Sitsh Technology Services subject to a Fee for the period of use or a subscription commitment, as part of the initial purchase of such service, you may notify us of cancellation, without giving any reason, within fourteen (14) days of the first order, or activation of such Sitsh Technology service (the "Refund" and the "Refund Period"). The Refund only applies to the initial purchase of Sitsh Technology Services as part of an upgrade from a free site, by means of the purchase of a Premium Offer (as offered on the Sitsh Technology Site). The Refund does not apply to any additional purchase, upgrade, modification or renewal of Sitsh Technology Services. If you reside in a jurisdiction where the law establishes a longer Refund Period, we will of course be happy to comply with this requirement by adapting to all applicable laws. If Sitsh Technology receives this notification during the Refund Period, Sitsh Technology will refund you the amount you actually paid for such Sitsh Technology Services in the currency originally billed, and therefore cancel them. Sitsh Technology invoices such Sitsh Technology Services in the currency used for the original billing, cancellation works on the same principle. Note that the Refund amount may be different from the amount you were originally billed for, due to fluctuations in currency exchange rates or fees charged by a third party. Sitsh Technology is not responsible for any differences inherent in changes in currency exchange rates, or fees charged by third parties. After the Refund Period, the Fees paid by you will be non-refundable and non-cancellable. In addition, if we find that the cancellation notice was made in bad faith or as part of an illegitimate attempt to avoid payment for services actually received and provided, we will reserve the right to issue an invoice regardless to the User who provided such notice for Sitsh Technology Services actually received, to the extent permitted by law.

Please note: Some services purchased on or through the Sitsh Technology Services may be non-refundable. These include Third Party Services such as domains, business tools and applications. The terms of each service or application purchased are stated on the Sitsh Technology Site and/or as part of or during the purchase process for such services or applications. It is your obligation to verify your ability to cancel a service before purchasing it. Sitsh Technology will not refund amounts paid for non-refundable Paid Services, applications or Third Party Services.

5.4. Chargeback

If at any time we receive a refusal, chargeback, or other objection to the payment of Fees on your Sitsh Technology Account ("Chargeback"), this will be considered a breach of your payment obligations hereunder, and your use of the Sitsh Technology Services may be automatically suspended or terminated.

In the event of a Chargeback, your User Account may be blocked without the option to repurchase or reuse, and all data contained in such User Account, including domains, applications, and Third Party Services may be cancelled and subject to a Capacity Loss (as defined in Section 6.3 below).

Your use of the Sitsh Technology Services will not resume until you resubscribe to such Services Sitsh Technology, and pay the applicable Fees in full, including fees and expenses incurred by Sitsh Technology and/or Third Party Services for each Chargeback (including Fees for Sitsh Technology Services provided prior to the Chargeback, processing fees and those incurred by the payment service).

If you have any questions or concerns regarding a payment made to Sitsh Technology, we recommend that you first contact our Customer Service before requesting a Chargeback or a chargeback in order to avoid cancellation of the Sitsh Technology Services or blocking of your User Account, and to avoid an unjustified or erroneous Chargeback request, which may subject you to the applicable Fees, in addition to having to pay again all Fees applicable to the Sitsh Technology Services purchased (and subject to a chargeback).

We reserve the right to dispute any Chargeback received, including by providing the credit card company or financial institution concerned with any information and documentation proving that the User responsible for such Chargeback actually authorized the transaction and used the services subsequently rendered.

6. Cancellation

6.1. Cancellation by the User

You may stop using and request to cancel your User Account and/or Sitsh Technology Services at any time, in accordance with the instructions available in the Sitsh Technology Services. The effective date and time for such cancellation will be the date you finalize the cancellation process on the Sitsh Technology Services, and the effective date for termination of the Paid Services will be the end of the subscription period relating thereto.

Notwithstanding anything to the contrary in the foregoing, subscriptions to the Renewal of Paid Services will be cancelled only upon expiration of the period for which you have already made payment. Please note that the cancellation process may take a few days, the cancellation request must be made at least fourteen (14) days before the expiration of the then-current service period in order to avoid the next automatic renewal and the resulting fees.

6.2. Cancellation by Sitsh Technology

Failure to comply with any of the Sitsh Technology Terms and/or to pay any Fees due will entitle Sitsh Technology to suspend (until paid in full) or cancel your User Account and User Platform (or certain functions thereof), as well as the provision of the related Sitsh Technology Services (e.g., Paid Services) or Third Party Services.

6.3. Loss of Data, Content and Capacity

If your User Account, Sitsh Technology Services or Third Party Services related to your User Account are cancelled (whether at your request or at Sitsh Technology's discretion), this may result in the loss of certain content, functionality or capacity of your User Account, including User Content, End User data or other usage data retained in connection therewith, including a domain name reservation or registration that was included in such Services ("Capacity Loss"). Sitsh Technology assumes no responsibility for any such Capacity Loss, or for maintaining a backup copy of your User Account, User Content or End User data. Please also note that additional Fees may apply to a reactivation of a User Account and/or any Sitsh Technology services following their cancellation, as determined by Sitsh Technology in its sole discretion..

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General Terms and Conditions