These terms regulate the provision of BaseKit’s website creation service (the “Service”). Your use of the Service is subject to these Terms and Conditions (“T&Cs”). BaseKit reserves the right to update and change the T&Cs from time to time without notice or acceptance by you. By using the Service, you signify your irrevocable acceptance of these T&Cs.
The Service is web-based and allows users that register for an account on the Service to create and update an online website on BaseKit.com. Once the user has registered its account with BaseKit a website can be created and deployed in BaseKit. Unless explicitly stated otherwise, any new features that enhance the current Service, including the release of new BaseKit tools and resources, shall be subject to the T&Cs.
You acknowledge that BaseKit may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time without notice to you.
BaseKit reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time.
To Register for the Service you must provide BaseKit with a valid email address and then choose a password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to;
In consideration of use of the Service, you agree to:
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials (“Content”) are the sole responsibility of the person from which such Content originated. You, and not BaseKit are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. BaseKit does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will BaseKit be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that BaseKit does not pre-screen Content, but that BaseKit shall have the right (but not the obligation) in their sole discretion to refuse, move or delete any Content that is available via the Service. Without limiting the foregoing, BaseKit shall have the right to remove any Content that violates the T&Cs or is otherwise objectionable in BaseKit’s sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge and agree that BaseKit may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in BaseKit’s sole discretion as to what action should be taken.
You agree that you will not:
Once the website is created on BaseKit and published the user will be prompted to accept the payment of Fees. The Fees are payable to BaseKit subject to the following conditions:
Fees payable monthly or yearly will be paid in advance and will not be refundable in whole or part if the Service is terminated during the period to which the payment relates; any set up fee will (unless stated to be included within later payments) be payable immediately; Fees will become payable if the Client exceeds agreed or stipulated bandwidth use levels.
All Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay for any such taxes that might be applicable to your use of the Service and payments made by you herein. Subscription fees for “Unlimited” services are subject to fair usage. BaseKit reserves the right to cease services without notice for any users violating fair usage policies. This includes:
Using the service purely as a file storage and/or hosting service Remotely accessing the service using automated methods Serving copyrighted or other content of an illegal nature
Users who are regularly exceeding high usage thresholds will have their account and service fees subject to review. BaseKit services will not be unduly witheld, but BaseKit reserves the right to increase any individual users’ pricing to cover minimum storage and bandwidth costs associated with any particular site.
For reference, current high usage thresholds are 30GB of storage and 2TB bandwidth.
The final choice of whether an account is in violation of any of these policies is at the sole discretion of BaseKit Platform.
If you cancel the Service, your cancellation will take effect immediately. After cancellation, you will no longer have access to your website and all information contained therein may be deleted by BaseKit. BaseKit accepts no liability for such deleted information or content. If you have purchased or were provided as part of your subscription package one or multiple domain names you will not be able to cancel the Service until a minimum period of sixty days from the last confirmation date of any successful domain registrations associated with your Account. Early termination within this 60 day period may be subject to an early termination fee based upon the number of domain names associated with your Account and the length of your subscription.
You agree BaseKit, in its sole discretion, may terminate your password, and/or account, and remove and discard any Content within the Service, for any reason, including and without limitation, the lack of use, or if BaseKit believes that you have violated or acted inconsistently with the letter or spirit of the T&Cs.. BaseKit may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this T&Cs may be effected without prior notice, and acknowledge and agree that BaseKit may immediately deactivate or delete your web site, as applicable, and all related information and files. BaseKit reserves the right to bar any further access to such files or the Service. You agree that BaseKit shall not be liable to you or any third-party for any termination of your access to the Service.
By submitting Content to BaseKit for the creation of a website in BaseKit, you grant BaseKit a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content within the BaseKit platform. This license exists only for as long as you continue to be a BaseKit customer and shall be terminated at the time your website is terminated.
You acknowledge that BaseKit does not pre-screen Content, but that BaseKit shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, BaseKit shall have the right to remove any Content that violates the T&Cs or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You agree to indemnify and hold BaseKit, and its subsidiaries, affiliates, officers, director’s, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Content, your use of the Service, your Guests activities, your connection to the Service, your violation of the T&Cs, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by BaseKit, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
BaseKit does not want to receive confidential or proprietary information from you through the Service or by email. Unless otherwise agreed in writing by an authorized BaseKit representative, any material, information or idea you transmit to BaseKit by any means may be disseminated or used by BaseKit or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products.
You expressly understand and agree that:
You expressly understand and agree that basekit shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the T&Cs or other matters by displaying notices or links to notices to you generally on the Service. The T&Cs and the relationship between you and BaseKit shall be governed by the laws of the United Kingdom.
The T&Cs constitutes the entire agreement between you and BaseKit and govern your use of the Service, superseding any prior agreements between you and BaseKit (including, but not limited to, any prior versions of the T&Cs). You also may be subject to additional terms and conditions that may apply when you use affiliate or other BaseKit services, third-party content or third-party software. If any provision of the T&Cs or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the T&Cs remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the T&Cs must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the T&Cs are for convenience only and have no legal or contractual effect.
Domains that have been registered by Basekit on behalf of an Account holder can be can be transferred to another Registrar subject to the following exclusions determined by the Internet Corporation for Assigned Names and Numbers (ICANN):
Instances when the requested change of Registrar may not be denied include, but are not limited to:
Domain names cannot be transferred outside of your Account whilst you are within the 60 day minimum term for domain registration regardless of whether your domain names have been purchased or been granted as part of your package.