Terms of Usage

Welcome to eCanuks.com’s Terms of Use!

Below please find our legal terms of usage that will apply to anyone who visits or usses our website and its related service. This is a legal agreement our services are drive by. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone.

If anyone other than yourself accesses your User Account and/or any of your User Websites’ settings, they may perform any actions available to you (unless as specifically stated otherwise on the eCanuks Services), make changes to your User Website(s) and User Account, and 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 behalf and in your name.

Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust – as you will be solely and fully responsible for all activities that occur under your User Account and/or User Websites (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.

You must provide accurate and complete information when registering your User Account and using the eCanuks 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, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.

We reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so, without liability to you or to any other party. Among others, we may consider the principles set forth below.

Please carefully review these principles and consider adapting your practices accordingly, to ensure that what you believe to be “your” User Account and/or User Website remains as such:

  1. eCanuks will consider the owner of a User Account, User Website and/or User Content created and/or uploaded to the eCanuks Services, as the person or entity who has access to the e-mail address then listed in eCanuks’ records for such User Account under which such User Website or User Content was created.
  2. If any Paid Services (as defined in Section 5 below) were purchased via a User Account, eCanuks will consider the owner of such User Account and/or the relevant User Website and/or User Content created there under, may be considered to be the person or entity whose billing details were used to purchase such Paid Services (“Billing Information”). Notwithstanding the foregoing, if a User Website was connected to an external domain name (either imported or purchased as part of certain Paid Services, as defined below), and such domain’s registration information is publicly available or on eCanuks’ database, eCanuks will consider the owner of such User Website as the person or entity registered as the registrant of such domain there under. In the event that an individual and an organization are both registered as the registrant or the registrant organization of such domain, eCanuks will consider the organization as the actual owner of the domain, and therefore as the owner of the User Website connected to such domain. In event the Billing Information indicates one person as the owner of the User Website and the domain registration indicates a different owner, eCanuks shall consider the person registered as the owner of the domain connected to the eCanuks Account as the owner of the User Website.
  3. Notwithstanding the forgoing, eCanuks shall have the right to determine the ownership of User Content and/or a User Website as it chooses, including by ignoring the indications set forth above, in event eCanuks deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by eCanuks.

1. Introduction

eCanuks.com is a website building platform, that lets you create your own website and manage your online presence.

1.1. Our Purpose

Our services are designed to allow people from all over the world to easily create a beautiful and engaging online presence for themselves, to manage and promote their businesses, content and ideas, and overall have a great experience doing so – even without being tech-savvy or design gurus. We provide our users with numerous tools and features for creating and publishing stunning websites, online stores, newsletters, galleries, media players, mobile apps and other applications – by utilizing their own content together with content and features offered by eCanuksand others via our services (collectively – “User Website(s)”).

By visiting our website or using our services, you are entering into a legal agreement with us, consisting of these Terms of Use, our Privacy Policy, and our additional services’ legal terms.

These eCanuks.com Terms of Use (“Terms of Use”), together with our Privacy Policy available at http://www.eCanuks.com/about/privacy (“Privacy Policy”), and such additional terms which specifically apply to some of our services and features as presented on the eCanuks.com website(s) (“eCanuks Website”, and collectively – the “eCanuks Terms”), all set forth the entire terms and conditions applicable to each visitor or user (“User” our “you”) of the eCanuks Website and/or any other services, applications and features offered by us with respect thereto, except where we explicitly state otherwise (collectively – the “eCanuks Services” or “Services”).

The eCanuks  Terms constitute a binding and enforceable legal contract between eCanuks.com Ltd. and its affiliated companies and subsidiaries worldwide (“eCanuks”, “us” or “we”) and you – so please read them carefully.

You may visit and/or use the eCanuks Services only if you fully agree to the eCanuksTerms – and by using and/or registering to any of the eCanuks Services, you signify and affirm your informed consent to these Terms of Use and any other eCanuksTerms applicable to your use of any eCanuksServices.If you do not read, fully understand and agree to the eCanuksTerms, you must immediately leave the eCanuks Website and avoid or discontinue all use of the eCanuks Services.

1.2. Legal Agreement

By using our services, you signify your consent to these terms. You may not use our services if you do not consent to all our terms.

To use our services, you need to create a user account.

You should keep your username and password protected and safe, and only allow people you trust to access your account or website settings.

All activities that occur under your user account or website are your responsibility.

1.3. User Account

The account information you provide us must be your own (or your company’s), and be accurate and complete.

We will determine the ownership of all user accounts.

  1. You are at least eighteen (18) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the eCanuks Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the eCanuks Terms.
  2. You are not a resident of (or will use the eCanuks Services in) a country that the U.S. government has embargoed for use of the eCanuks Services, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations.
  3. Your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us.
  4. You understand that eCanuks does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith.
  5. And specifically regarding your User Content.
  6. You own all rights in and to any content uploaded by you (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, 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 User Content, as necessary to legally use, publish, transfer or license any and all rights and interests in and to such User Content.
  7. The User 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 possess, post, transmit or display in the country in which you or your User Website’s visitors and users (“End Users”) reside, or for eCanuks and/or your End Users to use or possess in connection with the eCanuks Services.
  8. You have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.

2. Your Obligations

2.1. You represent and warrant that:

In order to use our services, there are certain obligations and conditions you need to meet. Among others, you need to be of a certain legal age of majority, reside and use our services in a permitted location.

In addition, you must own all rights in any content you upload or publish via our services, ensure that such content is legal and reliable, and that anything you do with it (or enable eCanuks or your end users to do with it) is legal.

  1. To fully comply with all applicable laws and any other contractual terms which govern your use of the eCanuks Services (and any related interaction or transaction), including those specific laws applicable to you or your end users in any of your geographical locations.
  2. Be solely responsible and liable with respect to any of the uses of the eCanuks Services which occur under your User Account and/or User Website(s), and for any of your User Content (including for any consequences of using or publishing such User Content on or with respect to the eCanuks Services).
  3. Regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Website, including with respect to End Users, User Products, and any applications and/or Third Party Services used by you.
  4. Receive from time to time promotional messages and materials from eCanuks 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 just notify us at any time.
  5. Allow eCanuks to use in perpetuity, worldwide and free of charge, any version of your User Website (or any part thereof) for any of eCanuks’ marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against eCanuks 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 User Website with respect to such limited permitted uses.
  6. eCanuks’ sole discretion as to the means, manner, and method for performing the eCanuks Services, including those regarding the hosting, transmission, publication and/or display of any User Websites and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).

2.2. You undertake and agree to:

  1. Copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the eCanuks Website, the eCanuks Services (or any part thereof), any Content offered by eCanuks or Third Party Services for use and display within User Websites (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without eCanuks’ prior written and specific consent and/or as expressly permitted under the eCanuks Terms.
  2. 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 eCanuks 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.
  3. Publish and/or make any use of the eCanuks Services or Licensed Content on any website, media, network or system other than those provided by eCanuks, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the eCanuks Services, Licensed Content and/or User Website (or any part thereof), except as expressly permitted by eCanuks, in advance and in writing.
  4. 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 eCanuks Services (or its data), or in any way reproduce or circumvent the navigational structure or presentation of any of the eCanuks Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the eCanuks Services.
  5. Act in a manner which might be perceived as damaging to eCanuks’ reputation and goodwill or which may bring eCanuks into disrepute or harm.
  6. Purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use eCanuks or eCanuks Marks and/or variations and misspellings thereof.
  7. Impersonate any person or entity or provide false information on the eCanuks Services and/or User Website, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to eCanuks and/or any End Users.
  8. Falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that eCanuks or any third party endorses you, your User Website, your business, your User Products, or any statement you make.
  9. Reverse look-up, trace, or seek to trace another User of eCanuks Services, or otherwise 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 eCanuks Services and/or User Website without their express and informed consent.
  10. Disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the eCanuks Services, User Website, the account of another User(s), or any other systems or networks connected to the eCanuks Services, by hacking, password mining, or other illegitimate or prohibited means.
  11. Probe, scan, or test the vulnerability of the eCanuks Services or any network connected to the eCanuks Services.
  12. Upload to the eCanuks Services and/or User 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.
  13. Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the eCanuks Services or eCanuks’ systems or networks connected to the eCanuks Services, or otherwise interfere with or disrupt the operation of any of the eCanuks 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.
  14. Use any of the eCanuks Services and/or User Website 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.
  15. Sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or eCanuks Services, except as expressly permitted by the eCanuks Terms.
  16. 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 eCanuks Services and/or Licensed Content.
  17. Violate, attempt to violate, or otherwise fail to comply with any of the eCanuks Terms or any laws or requirements applicable to your use of the eCanuks Services.
  18. You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.