Last Update June 11, 2019
Changes are to conform to the TwizBiz.com application of services.
1.1. Our Purpose
Our Purpose is to provide TwizBiz Guest, Visitors, and Client an enjoyable experience browsing and shopping on the Internet.
Our services offer our clients the ability to create beautiful and highly functional online Websites. And if starting a business allowing our Clients to manage their presence to be seen and promote a beautiful working business, content, and ideas, with little or no stress and have a great experience doing so. TwizBiz LLC has tried to reduce the high savvy tech learning curve and provide a base of design to start our client on the way to a beautifully designed and functional Website they can be proud of and show off to the World. How much pride and satisfaction you the Client could have said this is MY Website, look, everybody, I did THIS. TwizBiz does everything in our power to help achieve your goals and expectations, as detailed below. We offer our users numerous tools and features for creating, publishing, and use of stunning websites, online e-commerce platforms, newsletters, galleries, media players, tools, and services. The online sites created by Our Clients are collectively referred to herein as (“Clients Domain(s)”).
1.2. Legal Agreement
1.3. Client Account
Clients must first register and create an account (“Client Account”) with TwizBiz to access and use individual sections and features of the TwizBiz Services.
If an entity with permission other than the registered client accesses your Client Account and ‘Client’s Domain(s),’ they may perform changes to your Client Domain(s) and Client Account. You providing such permission to the said entity must accept any legal terms available therein, make various representations and warranties, and more – and all such activities will be deemed to have occurred on your (the Client) behalf and in your (Client) name. Thus you will be held responsible for all actions of the entity providing the service.
You must provide accurate and complete information when registering your Client Account and using the TwizBiz Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company’s) contact and billing details. The information should include your valid e-mail address, as we may use it to identify and determine the actual and valid owner of the Client Account and Client Content (as defined below) submitted to TwizBiz.
In case of a dispute on Client Account ownership, we reserve the right to determine ownership to a Client Account based on our reasonable judgment, whether or not we have conducted an independent investigation. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so or temporarily suspend a Client Account. The temporary suspension is until the parties disputing such ownership, resolve, without liability to you or any other party. We may request documentation (e.g., government-issued ID, a business license or court order distribution) that may assist us in determining ownership. Among others, we may consider the principles set forth below.
TwizBiz will recognize the owner by using the listed email account uploaded to the relevant TwizBiz Service upon creation of the Clients Domain.
- TwizBiz will consider the owner of such Client Account or the relevant Client Domain or Client Content created thereunder, may be deemed to be the person or entity whose billing details were used to purchase such Paid Services (“Billing Information”).
- Notwithstanding the preceding, when applicable, TwizBiz will consider the owner of a Client Website as the person or entity registered as the registrant of the domain indicated by the registration information if publicly available via the WHOIS database provided on the whois.net.
- In the event, the Billing Information indicates one person as the owner of the Website and the Domain registration indicates a different owner, TwizBiz shall consider the person registered as the owner of the domain connected to the TwizBiz Account as the owner of the Website(s).
- Notwithstanding the preceding, TwizBiz shall have the right to determine the ownership of the Client Content and Website as it chooses. In the event, TwizBiz deems, at its sole discretion, that the situation justifies such determination, all based upon the factual position as determined by TwizBiz.
- If determining the Ownership cannot be conclusively made, TwizBiz reserves the right to require parties to present Certified Registered Legal Documentation order by the Courts in Jurisdiction of Ownership of Final Ownership of said Properties.
2. Client Obligations
2.1. You represent and warrant that:
- You are at least thirteen (13) years of age, or sixteen (16) years of age if you are an individual within the European Union (EU), or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the TwizBiz Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the TwizBiz Terms;
- You are not a resident of (or will use the TwizBiz Services in) a country that the U.S. government has embargoed for the use of the TwizBiz Services, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations;
- Your country of residence or your company’s country of incorporation is the same as the country specified in the contact and billing address you provide us;
- You understand that TwizBiz does not offer any legal advice or any recommendation concerning any laws or requirements applicable to your use or any of your End Users, or your compliance in addition to that, and explicitly regarding your Client Content:
- You confirm you own all rights in and to any content uploaded or provided by you, or imported, copied or uploaded by TwizBiz Services for you, to your Client Website(s) (“Client Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, information you provide for creating a subdomain name, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the Client Content, as necessary to legally access to, import, copy, use, publish, transfer or license such Client Content, by you and us or any of our affiliates;
- You have and must maintain the sole power over the client's Content of the Domain. You possess the power of the title, licenses, and consents of the Domain. The ability and authority to allow TwizBiz Services to access the contents of your domain, web pages, or other online services. The power also permits you to import, copy, displaying, uploading, transmitting, or otherwise using your Client Content.
- The Client Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which you or your Client Website(s) visitors and users (“End Users”) reside, or for TwizBiz and/or your End Users to access, import, copy, upload, use or possess in connection with the TwizBiz Services;
- You have obtained all consents and permissions and adhere to all applicable laws. These consents and permits are in regards to the posting, transmission, and publication of any personal information and image or likeness of any person, entity, or property, which is part of the Client Content.
2.2. You undertake and agree to:
- Fully comply with all applicable laws and any other contractual terms which govern your use of the Client Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
- Be solely responsible and liable with respect to any of the uses of the Client Services which occur under your Client Account and/or Client Website(s), and for any of your Client Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such Client Content on or with respect to the TwizBiz Services);
- Receive from time to time promotional messages and materials from TwizBiz or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please notify us at any time;
- Allow TwizBiz to use in perpetuity, worldwide and free of charge, any version of your Client Website (or any part thereof) for any of TwizBiz marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against TwizBiz or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your Client Website with respect to such limited permitted uses;
- TwizBiz’s sole discretion as to the means, manner, and method for performing the Twizbiz Services, including those regarding the hosting, transmission, publication and/or display of any Client Website(s) and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).
- TwizBiz shall have the right to offer the TwizBiz Services in alternative price plans and impose different restrictions as for the upload, storage, download and use of the TwizBiz Services in each price plan, including, without limitation, 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.
2.3. You agree and undertake not to:
- Copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the TwizBiz Website, the TwizBiz Services (or any part thereof), any Content offered by TwizBiz or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without TwizBiz’s prior written and specific consent and/or as expressly permitted under the TwizBiz Terms;
- Submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Twizbiz or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
- Use any illegal action to collect login data such as user ID's or Passwords for other websites, third parties, software or services;
- Phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments unless done per any applicable law, including, with the PCI DSS standard when applicable;
- Upload, insert, collect or otherwise make available within the TwizBiz Website or the TwizBiz Services (or any part thereof), any malicious, unlawful, defaming or obscene Content;
- Publish and/or make any use of the TwizBiz Services or Licensed Content on any website, media, network or system other than those provided by TwizBiz, and/or frame, “deep link”, “page-scrape”, mirror and/or create a browser or border environment around any of the TwizBiz Services, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by TwizBiz, in advance and in writing;
- Use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the TwizBiz Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the TwizBiz Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the TwizBiz Services;
- Act in a manner perceived as damaging to TwizBiz’s reputation and goodwill or which may bring TwizBiz into disrepute or harm;
- purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use TwizBiz or TwizBiz Name or Logo or variations and misspellings thereof;
- Impersonate any person or entity or provide false information on the TwizBiz Services or User Domain, whether directly or indirectly, or otherwise perform any manipulation to disguise your identity or the origin of any message or transmittal you send to TwizBiz or any End Users;
- Falsely state or otherwise misrepresent your affiliation with any person, entity, or falsely imply that any third party or TwizBiz endorses your Client Domain(s), your business, your User Products, or any statement you make;
- Reverse lookup, trace or seek to trace another User of TwizBiz Services. Including interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the TwizBiz Services or Client Domain without their express and informed consent;
- Disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the TwizBiz Services, Client Domain, the account of another User(s), or any other systems or networks connected to the TwizBiz Services, by hacking, password mining, or other illegitimate or prohibited means;
- Probe, scan, or test the vulnerability of the TwizBiz Services or any network connected to the TwizBiz Services;
- Upload to the TwizBiz Services and/or Client Website or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
- Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the TwizBiz Services or TwizBiz’s systems or networks connected to the TwizBiz Services, or otherwise interfere with or disrupt the operation of any of the TwizBiz Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
- Use any of the TwizBiz Services or Client Domain in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters,” “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
- Access to TwizBiz Services, User Accounts, Licensed Content, or User Content, through any means or technology (e.g., scraping and crawling), other than our publicly supported interfaces.
- Sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content or TwizBiz Services, except as expressly permitted by the TwizBiz Terms;
- Remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the TwizBiz Services or Licensed Content; or
- Access or use the Services for benchmarking, producing similar competitive analysis purposes or build a competitive product or service.
You acknowledge and agree that your failure to abide by any of the preceding or any misrepresentation made by you herein may result in the immediate termination of your User Account or any Services provided without further notice to you. Upon separation, there will be no refund of amounts paid on account of any such Services.
3. Content and Ownership
3.1. Your Intellectual Property
As between TwizBiz and you, you shall own all intellectual property on your User Content and any other materials created by you, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text, and literary works. TwizBiz does not claim ownership rights on your content. For the sole purpose of granting you the service, You agree that we will need to access, upload and copy your User Content to our platform, for cloud services, CDN’s and backup files. Periodically we will need to update plugins and framework and to make display adjustments. The technical services are required for security to deliver our services and protect our servers.
3.2. TwizBiz’s Intellectual Property
All rights, title and interest in and to the TwizBiz Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, 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 TwizBiz Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and techniques, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to TwizBiz.
Subject to your full compliance with the TwizBiz Terms and timely payment of all applicable Fees. TwizBiz, as a result of this, grants you, upon creating your User Account and for as long as Twizbiz wishes to provide you with the Twizbiz Services, a non-exclusive, non-transferable, non-sub licensable, fully revocable. Limited license to use the Twizbiz Services and Licensed Content, to generate and display your User Domain to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the TwizBiz Terms, and strictly within the TwizBiz Services.
The Twizbiz Terms do not convey any right or interest in or to Twizbiz’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the TwizBiz Terms constitutes an assignment or waiver of Twizbiz’s Intellectual Property rights under any law.
3.3. Feedback and Suggestions
If you provide us with any suggestions, comments or other feedback relating to the TwizBiz Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback becomes exclusively owned by TwizBiz. By providing such Feedback to TwizBiz, you acknowledge and agree that TwizBiz may use it to develop, customize, and improve the TwizBiz Services. Such Feedback can also provide help to ongoing assistance and technical support. Sometimes the Feedback results in TwizBiz contacting you for an interview request based on your feedback. Or otherwise, (iv) facilitate, sponsor and offer specific promotions, and monitor performance, (v) to create aggregated statistical data. Other aggregated and inferred information, which TwizBiz may use to provide and improve its services, (vi) to enhance TwizBiz data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations.
(1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights;
(2) irrevocably assign to TwizBiz any right, title, and interest you may have in such Feedback;
(3) explicitly and irrevocably waive any or all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.
5. Service and Fees
5.1. Paid Services
We Do NOT Collect any Financial Information on any TwizBiz LLC owned Websites. Payment centers will provide branding and collection of monies to look like your paying TwizBiz LLC, but payment centers such as; PayPal, Stripes, Authorize.net, or CardConnect, or Some Banking Facilities collect monies only and transfer at a cost to TwizBiz LLC.
TwizBiz will NOT collect any financial information. Our only communication is by email. It will be mandatory to sign-into the appropriate account to make payments. Please be aware of a fake request for past due amounts, fees, or any payments verification of account information, if in doubt, contact TwizBiz.
The use of certain TwizBiz Services may be subject to charges of particular fees, as determined by TwizBiz in its sole discretion (“Paid Services” and “Fee(s),” respectively). TwizBiz will provide notice of such Fees via email invoice. Before the launching of the Client Domain to the (internet) World Wide Web (WWW), collections of all charges applied to the Client Account must surrender. If the Client domain is Active (Live) on the WWW, any fees will be negotiated and agreed upon at the time of service and combined on the Clients' next subscription payment.
TwizBiz reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional sign-on offers, TwizBiz could automatically change the subscription to such TwizBiz Service(s) at the full applicable Fee at the termination of the promotion period. The registered Client will receive an Invoice Notice for the amount due via email assigned to the account.
All Fees levies or duties imposed by taxing authorities (“Taxes”) shall be deemed to be in U.S. Dollars. Furthermore, all Fees are limiting of all taxes (including value-added tax, sales tax, goods and services tax, etc.) to the extent permitted by law (and unless specified otherwise by TwizBiz in writing). You shall be responsible for payment of all applicable fees relating to your use of the TwizBiz Services or any payments or purchases made by you. Twizbiz, if required, is obligated to collect or pay Taxes for the Fees payable by you. Whether or not such Taxes were added from previous transactions and not received, we will submit an invoice for those taxes for your review. Also, an Invoice sent via the Email on Record with the fees will reflect for such transaction. We recommend that you verify the existence of any additional expenses third parties may charge you in connection with the purchase of Paid Services. It is also vital to review charges in connection with the renewal thereof (such as international transaction fees, currency exchange fees, or fees due to banks or credit card companies). TwizBiz is NOT responsible for any such additional fees or costs.
As part of registering or submitting information to receive Paid Services, you also authorize TwizBiz (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries TwizBiz or its affiliates may consider necessary to validate your chosen payment account or financial information. These inquiries are only to ensure prompt payment, including to receive updated details from your credit card or banking account provider (e.g., updated expiry date or card number as may be provided to our agent by your credit card company).
TwizBiz will not store or maintain any Financial Payment Information on any Servers, logs, or pages. Only information received on our Client Record Management (CRM) Application are date payment required and payment received and amount of said payment.
5.3. Subscription Auto-Renewals
To ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default. According to which, unless you turn off the auto-renewal option, such Paid Services will automatically renew upon the end of the applicable subscription period. For a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period) (“Renewing Paid Services”). For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Accordingly, where appropriate, TwizBiz will attempt to automatically charge you via the third party banking application, within up-to two (2) weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect at a later time. If signs of a repetitive pattern of a late or missed payment, TwizBiz can choose to suspend or cancel your User Account, without further notice. If your Renewing Paid Service is subject to a yearly or multiple-year subscription period, TwizBiz will endeavor to provide you notice before the renewal of such Paid Service at least thirty (30) days in advance of the renewal date.
Certain domains are subject to a different renewal policy as detailed in the Domains Registration Agreement. Notwithstanding anything to the contrary in the preceding statement, you are and shall be solely responsible for verifying and ensuring the successful renewal of the TwizBiz Services you use (whether or not such TwizBiz Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible for any discontinuation of any TwizBiz Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any TwizBiz Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against TwizBiz concerning the discontinuation of any TwizBiz Services or Third Party Services, for whatever reason.
5.4. Money-Back Guarantee
Our Money-Back Guarantee allows you to provide notice of cancellation for any reason within fourteen (14) days of having first ordered or activating such TwizBiz Services. The Refund applies only to the initial purchase of TwizBiz services, which occurs after the first 30 days of free development time, and the 1st paid invoice period. The Refund does not apply to any additional purchases, Domain Name, advance pro plugins, advanced SSL security modification, or renewals of TwizBiz Services. If you reside in a jurisdiction that requires a more extended Refund Period, we will, of course, be happy to accommodate such requirements following all applicable laws. If TwizBiz receives such notice within such Refund Period, TwizBiz will refund to you the amount TwizBiz charged you for such TwizBiz Services, in the currency you were initially charged in, and cancel them accordingly. Please note that the Refund amount may be different than the original amount charged due to currency changes and third-party fees. TwizBiz will not be responsible for any differences caused by the changes in currency exchange rates or fees billed by third parties. After the Refund Period, the Fees paid by you are non-refundable and non-cancellable. We reserve our right to charge the User if a review of the account shows that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services. For example, the TwizBiz Services were received and enjoyed through the Services payment time.
Please note: Certain services purchased on or through the TwizBiz Services may be non-refundable. These include Third Party Services such as domains, business tools, and applications. As such, the terms of each purchased services as listed on the TwizBiz Website. You should verify your ability to cancel a provided service before buying it. TwizBiz will not refund any amounts paid for non-refundable Paid Services, applications or Third Party Services.
Please carefully check the terms of each service before buying, since some services are non-refundable.
If, at any time, we record a decline, chargeback or other rejection of a charge of any Payable Fees on your TwizBiz Account, we will consider this action as a breach of your payment obligations. Hereunder, and your use of the TwizBiz Services may be automatically disabled or terminated.
In the event a Chargeback is performed, a block of your User Account can result. Based on your reason for the Chargeback, a block may occur without the option to re-purchase or re-use TwizBiz Resources. This block can include any data contained in such User Account, including any domains, applications, and Third-Party Services may be subject to cancellation and Capacity Loss.
Your use of the TwizBiz Services will not resume until you re-subscribe for any such TwizBiz Services. The payment of any applicable fees in full, including any costs and expenses incurred by TwizBiz and any Third Party Services for each Chargeback received. Also, Fees for TwizBiz Services provided before the Chargeback, handling, and processing charges incurred by the payment processor.
Questions or concerns regarding a payment made to TwizBiz are best handled by first contacting TwizBiz before filing a Chargeback. We take Chargebacks very serious. Here is a summary of what actions a Chargeback can result in:
(1) Cancelation of TwizBiz Services
(2) Your User Account blocked
(3) filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees owed by you.
Again, to Avoid a Cancellation and Capacity Loss due to funding situations, the first step should be to reach out to TwizBiz and contact us with the problem. We do make a mistake or exceptions to some issues, and we would like to have you as a Client rather than lose you over trivial miss understanding.
We reserve our right to dispute any Chargeback received.
6.1. Cancellation by User
You may discontinue to use and request to cancel your User Account and any TwizBiz Services at any time, following the instructions available on the TwizBiz Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the TwizBiz Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.
Notwithstanding anything to the contrary in the preceding, concerning subscriptions to Renewing Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, to avoid the next automatic renewal payment, the cancellation request should be made at least fourteen (14) days before the expiration of the then-current service period.
6.2. Cancellation by TwizBiz
Failure to comply with any of the TwizBiz Terms or pay any due Fee shall entitle TwizBiz to suspend (until full payment is received) or cancel your User Account. Furthermore, the User Domain (or certain features thereof) can be affected, as well as the provision of any related TwizBiz Services (e.g., Paid Services) or Third Party Services to you.
6.3. Loss of Data, Content, and Capacity
Canceling the User Account, whether at your request or TwizBiz’s discretion, may cause or result in the loss of certain content, features, or capacity of your User Account. Including any User Content, End User Data, or other usage data retained therein. Canceled User Account will also affect "Capacity Loss," including any domain name reservation or registration. TwizBiz shall not be liable in any way for such Capacity Loss or for saving a backup of your User Account, User Content, or End User data. Please also note that additional Fees may apply to the re-activation (USD 95.00) of a User Account or any TwizBiz Services following their cancellation, as determined by TwizBiz in its sole discretion.
The TwizBiz Services also include certain features that enable you to sell goods, content, media, and services through your User Domain (Collectively – “E-Commerce”).
You are solely responsible for your User Products and E-Commerce related activities, and any promotions and related Content contained or referred to in your User Domain, and compliance with any laws applicable to that. We are merely providing the platform for you to manage your online E-Commerce activities. We are not involved in your relationship or any transaction with any actual or potential buyer of your User Products.
When someone purchases your User Products, you are responsible for all product payments and a third-party payment service provider, “Payment Provider(s).”
By using any of our E-Commerce features, you acknowledge, warrant, and agree that:
- You shall be solely and entirely responsible for all taxes and fees of any nature associated with your E-Commerce activities, including any Taxes related to the purchase or sale of the User Products, and to collect, report and remit the correct amounts to the appropriate authorities and inform your End Users of such and provide them with a duly issued invoice as required by law;
- You shall be responsible for and bear all costs of procuring and delivering your User Products, and for providing them safely and professionally, consistent with industry standards;
- You are solely responsible for all statements and promises you make and for all assistance, warranty and support regarding the User Products, and shall provide accurate contact information on your User Domain for any questions, complaints or claims;
- You may not offer or sell any User Products, or provide any information, Content or material regarding User Products for the following reasons; (i)which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; (ii)which are prohibited for sale, distribution or use; (iii)or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export;
- TwizBiz may, at any time and sole discretion, suspend, disable access to or remove your User Domain, any User Products, User Domain, or Capacity Loss. The provision exists even if incorporated.
You are responsible for all your sales activities, including your relationships with customers and any payment service providers.
8. Third-Party Services
TwizBiz Services enable you to use certain third-party services. Third-party services provide products and tools for enhancing your User Domain and your overall user experience. TwizBiz offers many third-party applications and widgets. A listing can found on the TwizBiz.com website "Third Party Services.
You acknowledge and agree that regardless of how such Third Party Services may be offered to you (bundled or integrated within certain TwizBiz Services), TwizBiz shall not be in any way responsible or liable for its performance.
You acknowledge that such services may require additional payment of additional amounts to TwizBiz for the use of certain Third-Party Services.
Any use of such Third Party Services shall be done solely at your own risk and responsibility. It is Your responsibility to read and acknowledge such legal and financial terms that govern such Third Party Services, which you are encouraged to review before engaging with them.
Twizbiz may suspend, disable access to or remove from your User Account, User Domain(s) and the TwizBiz Services, any Third Party Services – whether or not incorporated with or made part of your User Account or User Domain(s) at such time – without any liability to you or to any End Users. General Reason for such action a third-party service may become a severe security risk to the Domain and the End User privacy and financial information. TwizBiz will work to replace such service with like in kind at no cost immediately to continue appropriate service to our Clients.
In the case of E-Commerce, we only act as an intermediary platform between you and such parties. Only you will be responsible for your engagements with them. TwizBiz is not a source adviser for the protection of your Domain and security of your end-users.
In the case of a Trojan Treat to TwizBiz Servers, we can remove services at any time, which may affect your website, user account, or overall experience.
9. Misconduct and Copyrights
9.1. Misconduct and Abuse
When using the TwizBiz Services, there is always a possibility of exposure to Private Information of the User Domains, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You, as a result of this, waive any legal or equitable rights or remedies you have or may have against TwizBiz. In the case, you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the TwizBiz Services, please immediately report such User or Third Party Service to us. You agree that your report shall not impose any responsibility or liability upon TwizBiz. TwizBiz may consider such a statement and act upon it, refrain from taking any such action, or require additional information or documents before doing so, at its sole discretion.
TwizBiz acts following its interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied or used in a way that constitutes copyright infringement, you may notify us of such copyright infringement or otherwise contact our email address "13.8. Customer Service Contact";
(i) the contact details of the person authorized to act on behalf of the owner of the copyright;
(ii) a description of the copyrighted work that you claim infringed upon;
(iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and the removal or access to which is to be disabled, and information sufficient to permit TwizBiz to locate the material (including URL address);
(iv) a statement that you have a good faith belief that use of the content in the manner complained of does not have the authorized owner permission, its agent, or the law;
(v) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner.
If TwizBiz receives notice regarding a copyright infringement related to your User Domain or User Website, it may cancel your User Account, take your User Domain down or remove any Content in its sole discretion, with or without prior notice to you. In such a case, you may file a proper counter-notice following Section 512 of the DMCA, in which you must include:
(i) your full name, address, phone number, and physical or electronic signature;
(ii) identification of the material and its location before removal;
(iii) a statement under penalty of perjury the removal of the element was by mistake or misidentification;
(iv) your consent to an appropriate judicial body; and
(v) Any other information required under the relevant provisions of the DMCA. Any notices filed according to this Section may be deemed accepted, applicable, and compliant with the DMCA, or not, at TwizBiz’s sole reasonable discretion. TwizBiz reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.
If any of our users misused your copyrighted works – please let us know and provide us with all the necessary information, and we will take care of it following the DMCA.
If we receive a copyright infringement notice regarding your website or content, we may remove or cancel your website and account.
10. Disclaimer of Warranties
We provide the TwizBiz Services on an “As Is,” “with all faults,” and “As Available” basis. "As Is" covers all or any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, professional effort, non-infringement, or any other warranty – all to the fullest extent permitted by law.
We do not represent or warrant "with all faults" that the TwizBiz Services (or any part, feature, or Content thereof) are complete. The requirements of the World Wide Web change daily; we try to maintain a high standard of accuracy, of any specific quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities. Development of a Website is not perfect for all devices, operating systems, browsers, software or tools (or that they will remain as such at any time). Furthermore, we can not Claim your operation will be free of any viruses, bugs, or other harmful components or program limitations. Moreover, we do not endorse any entity, product, or service (including any Third Party Services) mentioned on or made available via the TwizBiz Services – so please be sure to verify those before using or otherwise engaging them.
TwizBiz may, at its sole discretion (however, it shall have no obligation to do so), screen, monitor, or edit any User Domain or User Content, at any time and for any reason, with or without notice.
Notwithstanding anything to the contrary in the preceding, in no circumstances may TwizBiz be considered as a “publisher” of any User Content. We do not endorse any of the User Content, nor do We do assume liability for any User Content uploaded. TwizBiz is not a party of any content posted, published, or made available by any User or any other party. TwizBiz Services do not assume liability for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, TwizBiz shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement, or any other unlawful and infringing User Content you or any other party may encounter.
You acknowledge that there are risks in using the TwizBiz Services and connecting or dealing with any Third Party Services through or in connection with TwizBiz Services and that TwizBiz cannot and does not guarantee any specific outcomes from such use and interactions. You, as a result of this, assume all such risks, liabilities, or harm of any kind arising in connection with or resulting from such use. Risks may include, among others, misrepresentation of information by a Third Party Services and Licensed Content, breach of warranty or contract, violation of rights, and any resulting claims.
TwizBiz does not recommend the use of the TwizBiz Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such material.
Please note that certain TwizBiz Services are in their BETA version, and undergoing BETA testing. You understand and agree that certain TwizBiz Services may still contain software bugs, suffer disruptions, and not operate as intended or designated. Your use of the TwizBiz Services at this BETA stage signifies your agreement to participate in such v Services’ BETA testing.
However, we are not to be considered a “publisher” of your content; we do not endorse your content, and will not be liable for any content used by you or anyone else.
There are risks in using our services or anyone else’s services. You accept such risks.
Some of our services are still in BETA and may contain bugs or experience interruptions.
11. Limitation of Liability
To the fullest extent permitted by law in each applicable jurisdiction, TwizBiz, its officers, directors, shareholders, employees, affiliates, and agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any losses resulting from;
(1) errors, mistakes, or inaccuracies of or in any content;
(2) any personal injury or property damage related to your use of the TwizBiz Services;
(3) any unauthorized access to or use of our servers or any personal information or other information stored therein;
(4) any interruption or cessation of transmission to or from the TwizBiz Services;
(5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the TwizBiz Services;
(6) events beyond the reasonable control of TwizBiz, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties;
(7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of TwizBiz Services.
You acknowledge, and agreement to these limitations of liability with allocations of risk constituting in part the consideration for TwizBiz’s services to you.
You agree to defend, indemnify and hold harmless TwizBiz, its officers, directors, shareholders, employees, affiliates, and agents, from and against any claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from:
(2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Domain or User Content and your use of the TwizBiz Services, including, without limitation, TwizBiz Services’ actions for your benefit;
(3) Any other type of claim that your User Domain or User Content caused damage to a third party.
13.1. Changes & Updates
TwizBiz reserves the right to change, suspend or terminate any of the TwizBiz Services (or any features thereof, or prices applicable thereto), or cancel your access to any of the TwizBiz Services (including removal of any materials created by you in connection with the TwizBiz Services) or combination thereof for any reason or change any of the TwizBiz Terms with or without prior notice - at any time and in any manner.
You agree that TwizBiz will not be liable to you or any third party for any modification, suspension, or discontinuance of those TwizBiz Services.
If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees before enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account, continue to support your then-current TwizBiz Services without enabling such changes, or provide you with alternative Services.
13.2. Governing Law & Jurisdiction; Class Action Waiver
The TwizBiz Terms, the rights and remedies granted hereunder, and any and all claims and disputes related hereto or to the TwizBiz Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the TwizBiz Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. The enforcement of the Law shall include any such claims or disputes brought in. You, as a result of this consent to them being decided exclusively by a court of competent jurisdiction located in the State of Colorado. The application of the United Nations Convention of Contracts for the International Sale of Goods is as a result of this expressly excluded.
Subject to any applicable law, the resolution of all disputes between you and TwizBiz shall be on an individual basis. You shall not have the right to bring any claim against TwizBiz as a plaintiff or a member of a class, consolidated or representative actions. Encluding any other legal proceedings conducted by a group or by representatives on behalf of others.
Notwithstanding anything to the contrary in this Section 13.2, Clients located in the United States of America; (i) the legal jurisdiction governing all aspects of the payment transaction between the client and TwizBiz will be the State of Colorado, without respect to its conflict of laws principles; (ii) any claims and disputes related to such payment transaction contemplated by Section 5 . You, as a result of this consent to them being decided exclusively by a court of competent jurisdiction located in the State of Colorado.
We may provide you with notices in any of the following methods:
(1) via the TwizBiz Services, including by a banner or pop-up within the TwizBiz Website, User Account or elsewhere;
(2) By e-mail, sent to the e-mail address you provided us, or (3) through any other means, including any phone number or physical address you provided us. TwizBiz’s notice to you will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the previous methods unless otherwise indicated in the notice.
The TwizBiz Terms and your use of the TwizBiz Services do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between TwizBiz and you.
13.5. Entire Agreement
TwizBiz may assign its rights or obligations hereunder or transfer ownership rights and title in the TwizBiz Services or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written permission of TwizBiz. Any attempted or actual assignment thereof without TwizBiz’s prior explicit and written consent will be null and void.
13.7. Severability & Waivers
If a provision of the TwizBiz Terms invalid, unlawful, ineffective, or for any reason unenforceable by a court of competent jurisdiction, then such provision shall be deemed non-severable. The action of the relevant authority will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the TwizBiz Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
13.8. Customer Service Contact
To get in touch with our Customer Service - please use any of the options listed below
- Send an email message to; Privacy-Terms@twizbiz.com
Last Update June 11, 2019
Changes are to conform to the TwizBiz.com application of services.