Terms of Service
Effective Date: 28 September 2020
READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING THE OLITT TECHNOLOGY AND THE OLITT WEBSITE (www.olitt.com).
Welcome to Olitt!
Olitt (“we,” “us,” “our”) is designed to help you create your own online Web Services using the Olitt Technology and the Olitt Platform.
Users (“User,” “you,” “your”) are referred to as:
“Web Service Creators”: users who create, manage, and operate one or more Web Services on the Olitt Platform.
“Users”: all end users of the Olitt Platform, including Web Service Creators, third parties, and any unregistered users or website visitors.
Users must be at least 16 years of age or at least the age of majority in the jurisdiction where you reside and from which you access the Olitt Platform and the Olitt Technology.
These Terms of Service, the Privacy Policy, and additional terms and guidelines by Olitt, which apply to the Olitt Technology (the “Terms”), describe and stipulate the provisions which govern and regulate the legal relationship between You and Olitt and constitute a binding and enforceable legal contract.
IMPORTANT – Beta Version:
THIS IS A BETA VERSION OLITT PLATFORM OFFERED BY OLITT. AND PARTICIPATION IN ANY BETA VERSION OLITT PLATFORM IS GOVERNED BY THESE TERMS OF USE (THE “TERMS”). THE BETA VERSION OLITT PLATFORM MAY CONTAIN ONE OR MORE SERVICES OF OLITT PLATFORM AND THE OLITT TECHNOLOGY (THE “SERVICES”). IN ORDER TO PARTICIPATE IN THE BETA VERSION OLITT PLATFORM AND USE THE SERVICES YOU MUST ALSO AGREE TO THESE TERMS. YOU UNDERSTAND AND AGREE THAT OLITT WILL TREAT YOUR USE OF THE SERVICES, INCLUDING BETA VERSION OLITT PLATFORM, AS ACCEPTANCE OF THE TERMS “AS IS”.
AS LONG AS YOU COMPLY WITH THESE TERMS, OLITT GRANTS YOU A PERSONAL, NON-EXCLUSIVE, NON-TRANSFERABLE, LIMITED PRIVILEGE TO ACCESS AND USE THE SERVICES.
You also hereby acknowledge that Olitt has not made any representations, promises or guarantees that the Services will ever be announced or made available to anyone in the future and that Olitt has no express or implied obligation to you to announce or introduce the Services. Olitt may discontinue any Beta Platform or Beta Service at any time, in its sole discretion, with or without notice. With respect to the Services, this subsection shall supersede any other terms and conditions contained herein, but only to the extent necessary to resolve conflict.
You expressly acknowledge that the BETA Version Olitt Platform is a test product and may contain bugs, errors and other problems that could cause loss of data store in the platform, inconsistent performance and other failures including but not limited to systems crashes, interruptions and data loss. You are advised to use caution and not to rely in any way on the performance and functioning of the BETA Version Olitt Platform.
THE BETA VERSION OLITT PLATFORM AND DOCUMENTATION ARE PROVIDED TO YOU “AS IS” AND TO THE EXTENT AUTHORIZED BY LAW, OLITT MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE BETA VERSION OLITT PLATFORM OR DOCUMENTATION, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OLITT ALSO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES RELATING TO NON INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, OR ABILITY TO INTEGRATE BETA VERSION WITH OTHER PRODUCTS OR SERVICES.
YOU EXPRESSLY acknowledge and agree that Beta Version Olitt Platform provides no compensation, fee, payments or refunds. This is a beta version and Olitt is free to test the Platform, Services, Technology by whatsoever means on its sole discretion. Any requests from users shall be considered as optional.
GENERAL
The set of products and services that Olitt provides to You are based on the use of the Olitt Platform and the Olitt Technology (“Services”). The Olitt Services may contain paid features that You choose in your subscription plan. Please read the subscription and payment terms carefully herein.
In the Terms, we use the following definitions:
“Olitt Platform” is the set of online services and technology applications that enable Web Service Creators to build online Web Services.
“Olitt Technology” is the past, present, and future content of the Olitt Platform, including all software in any format (including the Platform Code and the Web Service Code), hardware, products, processes, algorithms, user interfaces, know-how, techniques, organization, designs, text, images, photographs, illustrations, audio or video material, artwork, graphic material, themes, podcasts, advertising copy, databases, proprietary information, all copyrightable or otherwise legally protectable elements of the Olitt Platform, and all other tangible or intangible materials related to, displayed, performed or distributed on the Olitt Platform, and the Olitt Platform itself, including the selection, sequence, “look and feel,” and arrangement of items on the Olitt Platform, Olitt website (www.olitt.com), and all Olitt Marks (as defined below), domain names, patents, and other intellectual property. Olitt Technology does not include Your Content or Your Code.
“Content” is all the information and communication that is used in whatsoever form related to the Web Service, inter alia: (i) any work of authorship in a Web Service, including comments, recommendations, forums, the information you provide for the purpose of creating a subdomain name, photos, videos, music, sounds, images, text, files, listings, logos, trademarks, postings, messages, tags and other content added to or submitted with any of the foregoing; or (ii) other materials posted on or transmitted through any Web Service or the Olitt Platform. “Your Content” is any Content that you submit to a Web Service or the Olitt Platform, either as an Operator/User or Web Service Creator (each as defined herein). If you are a Web Service Creator, Your Content includes the name, logo, trademark, brand features, and other Content that you make available. Content does not include Web Service Code or Platform Code.
Web Service
The Olitt Platform is designed to give Web Service Creators the freedom to create, manage, and control their own Web Services (“Web Service”).
A Web Service consists of Content and the software code (i.e., HTML, Javascript, or PHP code) that is interpreted by the Platform Code (as defined below) and used to provide the functionality for the Web Service (“Web Service Code”). Web Service Code consists of Olitt proprietary code, Third Party Software (as defined below), and may also include or interact with Your Code (as defined below). Web Service Code expressly excludes Platform Code.
“Platform Code” means the proprietary portion of the Olitt Platform that is used to interpret the Web Service Code and other services available on the Olitt Platform.
Web Service are created by Web Service Creators. Web Service features may include Operator profiles, photo sharing, video sharing, music and podcast sharing, and pages, among others. If you are a Web Service Creator, “Your Web Service” is a Web Service created and operated by you on the Olitt Platform.
We want to give Web Service Creators as much freedom as possible to create and control the Web Service they build on the Olitt Platform.
Olitt takes no responsibility for any Content accessible through Your Web Service, and Olitt has no obligation to monitor such Content or Your Web Service. Web Service Creator is responsible for managing and controlling the Content and Web Service, as well as all the matters related to the Web Service.
ACCOUNT
Registration.
To fully enjoy the Olitt Platform and the Olitt Technology, You need to register a Olitt account. Once you log in, fill in the respective information, and complete the Olitt registration procedure, you become a Web Service Creator and express your acknowledgment and consent to strictly adhere to these Terms.
When registering an account with Olitt, you guarantee to provide relevant, complete, and accurate information about You and/or your company to the best of your knowledge. You also ensure that you are not a resident of the country from the list of Specially Designated Nationals or other countries under the United States Government’s sanctions and embargo programs.
Security.
You are responsible for keeping your account credentials and password secure. Account credentials are non-transferable. Olitt cannot and will not be liable for any loss or damage caused by your failure to maintain the security of your account and password. However, you may be held liable for losses incurred by Olitt or another party due to someone else using your account credentials, Web Service Subdomain, or password.
Transfer account.
Web Service Creator may initiate a transfer of their account to any user / third party only with the Olitt consent following the Olitt instructions. To do this, the Web Service creator may contact customer support and follow the instructions from them. Only after Olitt completes the transfer process, your rights and obligations as a Web Service Creator under the Terms are assigned.
DOMAIN
Olitt gives you the flexibility to choose your own subdomain for Your Web Service (e.g., ”site” in the example: https://site-1080.olitt.com) (“Web Service Subdomain“). Olitt also provides you with the option to use your own domain, which is available in corresponding Olitt Product Plans (e.g., www.mywebsite.com or site.mywebsite.com). In addition, Olitt provides a registration service that allows Users to acquire a custom domain name for their Web Services following the procedure of Domain Name Services (as defined below). This option is referred to as domain mapping (“Domain Mapped Web Service”). You will be solely responsible and liable for any activity that occurs under Your Web Service’s Subdomain or on Your Domain Mapped Web Service. Olitt maintains ownership of your Web Service Subdomain and grants you a limited, non-exclusive, non-sublicensable, non-transferable, freely revocable, license solely to use the Web Service Subdomain on the Olitt Platform.
When using your custom domain, you guarantee to Olitt that the domain legally belongs to you, is licensed, or that you are using the domain legally and have entered into respective contracts, registration agreements, and terms. Once your rights to use the domain are no longer valid, you will take the full responsibility to recover the domain rights or to change the domain accordingly. Olitt will not be in any way responsible for your use of domains.
Once you choose to use your subdomain, you acknowledge that Olitt cannot guarantee, and is in no way responsible, that the subdomain name you are applying for is not being applied for by another party, that there are no inaccuracies in the WHOIS or other databases, that the search results of available domains are correct, or that there were no errors, omissions, or inaccuracies during the registration or renewal process, which may affect the outcome of your registration or renewal application. You further acknowledge and agree that you are solely responsible for ensuring that your registration or renewal is appropriately processed. Olitt reserves the right to accept or reject your application for registration or renewal at any time for any reason at its sole and absolute discretion, including, but not limited to, pricing errors, attempts to apply for subdomain names that are prohibited, improper, unavailable, infringing the 3rd party intellectual property or other rights, applications that are questionable or violate any other agreements or terms and conditions with Olitt contained in Terms or other agreements. You also acknowledge and agree that Olitt is not liable or responsible in any way for errors, omissions, acts, and inaccuracies related to the Web Service, or actions by any 3rd parties arising out of your application or potential application for, and registration or renewal of, a particular subdomain name.
Once you choose the option to use the domain name services purchased from Olitt you you expressly agree and accept the terms and conditions stated herein.
REPRESENTATION AND WARRANTIES
CONTENT.
Web Service Creator is entirely responsible and liable for Web Service Content provided by Web Service Creator, and for any consequences arising in connection with that Content (including any loss or damage suffered or incurred by Olitt and Olitt’s subsidiaries). In particular, you warrant and represent to Olitt that:
Web Service Creator is the owner or otherwise entitled for all the rights pertaining to the Content and hereby grants Olitt the Content license; the use of the Content by Olitt or Olitt’s subsidiaries will not impose any obligation upon Olitt or Olitt’s subsidiaries to pay any kind of monetary contribution (including license fees, dues or otherwise) to any third party (in particular collecting societies);
The Content does not and will not infringe any intellectual property or other third-party rights;
The Content does not and will not contain any material which is harmful, inaccurate, pornographic, abusive, obscene, threatening, defamatory, neither any information that enables Users to access viruses or other harmful software, code or similar means, which could damage, harm, disable or otherwise impact the Users, or which is otherwise illegal, or which does not comply with applicable laws and regulations or Olitt’s content guidelines;
The Content will comply and conform to any age restrictions, regulations, and classification rules and requirements (including accurate and adequate classification and rating of any user content, as the case may be) under the laws of any country, including the country in which you reside or from which you access the services.
Web Service Maintenance.
Web Service Creator is entirely responsible and liable for implementing and maintaining all support for Your Web Service(s). This includes customization of the Web Service Code (only as authorized by Olitt), fixing bugs that your users or visitors might find and report on. Web Service Creator shall manage and control the activity of Web Services to be always compliant to the Terms and applicable laws and regulations.
Payment processors.
You agree and acknowledge your responsibility to strictly adhere to the respective terms and instructions of third parties, as well as governing laws and regulations, in case your Web Service deal with e-commerce and payment processors. Olitt is not part of these relations and is in no case responsible for any monetary transactions related to your Web Services.
Each User represents and warrants to Olitt that: (a) they will comply with all applicable local, state, national and international laws (including the CAN-SPAM Act of 2003), rules, and regulations in connection with your use of the Olitt Platform, including your promotional or other activities on or off the Olitt Platform that relate to Your Web Service; (b) they are authorized to grant to Olitt the rights as stipulated in the Terms, and they own or have all necessary rights, title, and interest in and to Your Code, Your Content, and Your Art Assets (as defined below); (c) Your Code, Your Content and Your Art Assets do not and will not (i) infringe, violate or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary right, or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any person; and (d) none of Your Code, Your Content, Your Art Assets or Your Web Service contains any viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots, or other malware that may potentially damage or interfere with the Olitt Platform, or intercept or expropriate any system data or personal information from the Olitt Platform.
You acknowledge that Olitt reserves the right to remove, preserve, and disclose any information or Content related to any Web Service (including Web Service Data) or account if Olitt deems necessary or appropriate to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to User support requests, (e) protect the rights, property, or safety of Olitt, its Users, and the general public, or (f) investigate or defend ourselves against third-party claims or allegations.
You acknowledge and consent that Olitt may suspend your Web Service(s) and/or your account at our sole discretion and without notice. Olitt may apply such measures if the account, Web Service, or User activity is deemed inappropriate or for other reasons. In case your account or the Web Service is suspended, please contact our support and follow their instructions. Olitt reserves the right to suspend your account for 90 calendar days or a longer period of time that might be necessary to reactivate your account, access, or Web Service.
SUBSCRIPTIONS AND PAYMENT
The Olitt Service contains paid features and/or subscriptions. Olitt in cooperation with Truehost CLoud shall have the right to receive the payment for the paid subscriptions for Olitt Services. Truehost Cloud on behalf of Olitt is entitled to collect payments for paid Olitt Web Services. All current pricing and terms of Olitt subscription plans are available on pricing page.
Once registered with Olitt, you will have access to your Services settings (Subscriptions), your billing information, and payment method (if any). Once the payment is made with your credit/debit card or another payment method, the paid Olitt plan (“Basic Annual”) becomes credited and activated.
Accepted payment methods
You can pay for Olitt Web Service using the following payment methods:
- PayPal or debit or credit cards:
- Visa
- MasterCard
- Discover
- American Express
- Mobile Money
- Bank Transfer
All required field of Your payment method shall be entered and valid to proceed with purchasing from us.
By completing the purchase from Olitt, You expressly agree and accept that Olitt may keep and save the payment method information You entered for further purchases. You may add and choose Your default payment method, add and modify any of Your payment method information in Your Dashboard.
To complete the purchase You need to enter the payment method or choose the available payment method and then – press the respective payment button:
“Pay with PayPal” if you prefer to use Your PayPal payment method
“UPGRADE”, “Purchase” to choose your saved payment method, to pay by your default payment method and/or enter your debit or credit card information
“Checkout” to use your domain voucher
*Note: Before progressing the payment please check if it is available at your territory. Payment method available territories are:
Africa, Aruba, Albania, Andorra, United Arab Emirates, Argentina, Armenia, Australia, Austria, Belgium, Bulgaria, Bosnia and Herzegovina, Belarus, Bermuda, Brazil, Canada, Switzerland, Chile, China, Côte d’Ivoire, Colombia, Costa Rica, Cyprus, Czech Republic, Germany, Denmark, Dominican Republic, Ecuador, Spain, Estonia, Finland, Fiji, Falkland Islands, France, United Kingdom, Gibraltar, Greece, French Guiana, Guam, Hong Kong, Croatia, Haiti, Hungary, Indonesia, India, Ireland, Iceland, Israel, Italy, Jamaica, Japan, Kazakhstan, Saint Kitts and Nevis, South Korea, Lebanon, Saint Lucia, Lithuania, Luxembourg, Latvia, Monaco, Madagascar, Mexico, Malta, Malaysia, Netherlands, Norway, New Zealand, Panama, Peru, Papua New Guinea, Poland, Puerto Rico, Portugal, Qatar, Reunion, Russia, Saudi Arabia, Singapore, El Salvador, San Marino, Sweden, Tunisia, Turkey, Taiwan, United States, Saint Vincent and the Grenadines, South Africa.
Accepted currencies
All Olitt payments are charged in USD. You will be charged the US dollar value of your payment, and your bank or PayPal will collect the appropriately converted amount and ensuing transaction fees based on their terms of service and the applicable tax laws of your country of residence.
Subscriptions
All Users have free access to Olitt with our free plan. The free plan allows Users to create multiple Web Service using one account. When published, Web Service created with the Free plan will be assigned a *.olitt.com subdomain and will feature Olitt branding. By using the Free plan You expressly agree with Advertising and Promotion terms herein and grant all respective advertising and promotion rights in Web Service to Olitt.
By upgrading from free plan, you get access to more features, such as a free custom domain name for one year, the removal of ads/Olitt branding, an SSL certificate, and others. More details can be found on pricing page.
Each active Olitt Web Service is assigned a selected billing plan.
Subscription renewal information
To ensure that your Web Service remains online at all times, the Free plan is set to renew automatically at the end of the subscription period.
Always keep your billing information updated to avoid billing failures. Please make sure to save your payment method information.
To avoid payment failures during the automatic renewal, ensure that all of these requirements are met:
The payment details that you entered at checkout are correct.
Your card or other payment method has sufficient funds to cover the payment.
Your credit limit is enough for processing the payment.
Your credit card hasn’t expired.
Cancel & Refund Policy
If the Free plan is terminated due to your intention to change the Olitt Service Plan or due to a payment failure, the plan remains active until the end of the subscription period. Once it expires, your subscription reverts to the Free plan with no commitments by Olitt to archive the Web Service Content. It is at the sole discretion of Olitt to delete your Web Service information after the stipulated period with no records archived.
To the extent permitted by the applicable law, payments are non-refundable, and we do not provide refunds or credits for the Free plan. Olitt is not responsible for any bank charges, commissions, and overdrafts. The only way to dispute these charges is through direct negotiation with your bank or PayPal support.
If you encounter any billing issues or require more information, please contact us at [email protected].
By clicking the payment button (“Pay with PayPal”, “Submit Payment”, “Checkout”) You expressly agree and accept these Terms and Privacy Policy and no refund is available. The “Cancel” button will cancel renewal option only.
Once registered with Olitt, You may access to Dashboard and able to manage your Subscriptions and Services.
Changes to Billing Policy
Olitt may, at its sole discretion, modify or update this Billing Policy occasionally to adapt to the changes in our business and practices, and so you should review this page periodically. Once the Billing Policy is amended or complemented with additional provisions, all the paying Olitt users will be notified via their accounts or by email. After receiving the notification, they have the right to keep your Olitt Service Plan, change it, or cancel Olitt Services whatsoever.
All taxes (if any) when purchasing from us applicable to You by legislation of your residence country shall be always respected by You.
DOMAIN NAME SERVICES
Domain Registration Information
Olitt provides registration and maintenance of domain names for Your Web Service(s) through one or more domain name registrars (“Domain Name Services”). All sales made through Domain Name Services are final. The registration and management of such domain names are conducted according to general policies established by the Internet Corporation for Assigned Names and Numbers (“ICANN”). ICANN has delegated the registration and administration of particular TLDs (top-level domains) to accredited domain name registrars under general ICANN policies, as interpreted by each domain name registrar. Accordingly, there may be significant differences in the administration of domain names for particular TLDs by different registrars.
When purchasing Domain Name Services for Your Web Service, You are required to enter into a registration agreement with Olitt’s then-current domain name registrar. The registration agreement and associated terms for Olitt’s current registrar (the registrar may occasionally change) can be found here (Domain Names Terms). You should carefully review each particular registration agreement related to Domain Name Services. You are solely responsible for compliance with such registration agreement and the continued use of Your Web Service, and the Domain Name Services shall constitute Your binding acceptance of such registration agreement.
Olitt accepts no responsibility for the refusal of a domain name registrar to register a particular domain name. You irrevocably waive any rights of any kind whatsoever against Olitt arising from such refusal. If you fail to timely pay Olitt for the applicable Domain Name Services, You may permanently lose your domain name. If you choose to end your Domain Name Services or otherwise terminate your Network, You are solely responsible for all future matters relating to the applicable domain, including renewal. Neither Olitt nor our applicable registrar accepts liability for any failure, for any reason whatsoever, to renew a domain name on a timely basis. ICANN policies require cancellation of domain names in certain circumstances, including fraud, provision of false registration details, interference with the rights of third parties, and other grounds. You are not entitled to a refund of registration fees on any such cancellation, and neither Olitt nor our applicable registrar accepts liability for any such cancellation. It is your sole responsibility to review and adhere to the terms and conditions of the registration agreement for each domain name, including any terms and conditions which may lead to the cancellation of domain names.
According to ICANN regulations, You as a registrant have 15 days to verify domain registration through the link sent in the verification email. If the email address is not verified within 15 days, You will lose access to the domain and will no longer be able to use it. If You don’t verify the email address within this period for any reason, You may contact us at [email protected], and we will request the registrar to resend the verification email to You. In case You need to change the WHOIS email address (the email associated with your Olitt account is used by default), You may email us at [email protected] for further instructions.
In case You want to transfer your domain name to another registrar, please get in touch with us at [email protected].
Domain Voucher Information
With the initial purchase of an Annual Business plan, you receive a one-year free domain voucher as a promotional gift. The Domain Voucher may be used by You to reduce the amount of the domain prepayment to zero).
Note:
This voucher is only included with the first-time purchase of an Annual Business plan. It is not provided when renewing a subscription or upgrading an existing plan.
You have twelve months from the date of purchase to redeem the voucher. If you don’t use it within this period, it will be automatically terminated.
The voucher entitles you to a free domain use for only one year period. The renewal of the domain subscription for every consecutive year is paid by the User respectively to the rates.
The voucher is valid for domains with the following extensions: .com, .co.za, .co.ke, .com.ng, .cc, .xyz, .click, .buzz, .company, .business, .name, .top, .icu, .work. The domain name is provided for free under condition that it is not categorized as premium. Olitt reserves the right to occasionally change the list of available extensions.
The voucher is limited to the purchase of new domains only. You cannot use the voucher to renew a domain.
The free domain voucher includes the Private WHOIS Registration.
The voucher cannot be applied retroactively to a domain that was purchased before the Annual Business that includes the voucher.
The voucher may not be granted by You to any other party, other Web Service in whatsoever forms.
Domain Registration Renewal Information
The automatic renewal of domain registration is enabled by default. You can disable it in the Subscriptions using Dashboard in Your Olitt account.
Olitt will use the default payment method for domain renewal (that is, the payment credentials initially provided by the You as account owner).
Unless the User renews his domain, it gets deleted from the My domains section, and the User loses access to it.
Domain Registration Refund Information
No refunds are issued for the domain registration.
OLITT PLATFORM USE AND CONDUCT
Web Service Creator is the owner of the Web Service and all related items to the Web Service and is solely responsible for the Web Service, Users’ conduct, Your Web Services, Your Code, and Your Content on the Olitt Platform. We want to keep the Olitt Platform safe and fun for everyone, and the use of the Olitt Platform for unlawful or harmful activities is not allowed. In defining “safe and fun,” you specifically agree that:
You will not post, email, or make available any Content to Users or use the Olitt Platform:
In a manner that infringes, violates or misappropriates any third party’s intellectual property rights or other proprietary rights or contractual rights;
in a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
to engage in spamming, “chain letters,” “pyramid schemes,” advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines, including to other Users whether on or off the Olitt Platform in connection with Your Web Service;
in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another’s privacy;
in a manner that is harmful to minors in any way;
in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by Olitt;
to impersonate a Olitt employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to a Web Service or the Olitt Platform without authorization;
to interfere or attempt to interfere with the proper working of the Olitt Platform or prevent others from using the Olitt Platform, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Olitt Platform, or that otherwise negatively affects other person’s’ ability to use the Olitt Platform;
to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user’s account or to monitor or copy the Olitt Platform (including the Web Service Code or Platform Code) or the content contained therein;
to facilitate the unlawful distribution of copyrighted content;
in a manner that includes personal or identifying information about another person without that person’s explicit consent;
in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Olitt Platform or to Users; and
in a manner that constitutes or contains any form of advertising or solicitation if emailed to Users who have requested not to be contacted about other services, products or commercial interests.
Additionally, you agree not to:
“Stalk” or otherwise harass anyone;
Collect, use or disclose data, including personal information, about other Users without their consent or for unlawful purposes or in violation of applicable law or regulations;
Collect, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any Operator of the Olitt Platform, or to proxy authentication credentials for any Member of the Olitt Platform for any purpose, including automating logins to the Olitt Platform;
Use any profanity or the description or name of any illegal activity in the name of Your Web Service or the Web Service Subdomain for Your Web Service;
Use the name “Olitt” as any part of the name of Your Web Service or the Web Service Subdomain;
Post any Content containing child pornography to any Web Service. Olitt does not tolerate this and will report any suspected instances of child pornography, including reporting any Web Service Data to law enforcement, including the National Center for Missing and Exploited Children;
Post any Content that Olitt determines depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
Post any Content that Olitt determines constitutes pornography, contains nudity, or is otherwise of a similar adult nature. Olitt’s current definition of these categories is located here and is subject to change.
Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from Web Service and the Olitt Platform – except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file, or “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved”;
Post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on Olitt’s infrastructure;
Attempt to gain unauthorized access to Olitt’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Olitt Platform;
Use the Olitt Platform as a generic file hosting service; and
Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Olitt Platform.
You agree not to authorize or encourage any third party to use the Olitt Platform or any of Your Web Services (and Your Web Services will not be designed) to facilitate any of the foregoing prohibited conduct. You also agree to immediately notify Olitt in the event of an actual or threatened claim that you have violated any of the covenants and agreements contained in these Terms.
These types of Web Services are not allowed on the Olitt Platform:
Adult: involving nudity in a sexual context, exposed genitalia or adult themes;
Copyrighted Content: music, movies or games that you do not own the rights to;
Spam/SEO: a site whose sole purpose is to gain Google ranking, Facebook “likes,” etc.;
Phishing: a site meant to trick users into providing their username and password;
Illegal Content: content which may be illegal in the United States or under the laws of other countries;
Scams: get rich quick, pyramid/MLM, HYIP, Ponzi or other dubious schemes;
Excessive Advertising: placing excessive advertising on your site, including more than three ad units per page;
File Hosting;
Injurious Experience: sites using the “Custom HTML” element that provide negative user experiences, such as extreme flashing banners, excessive animated movement, or content that could provoke seizures in unsuspecting visitors;
Illegal/Inappropriate Products:
sites that offer or sell items that are illegal, weapons, counterfeit, stolen, fraudulent, infringing, violating the rights of privacy/publicity, offensive, pornographic, or manufactured/intended to be weapons;
This list is a reference and is not meant to be complete.
Third parties’ services. You irrevocably authorize Olitt to access traffic and usage data on the Olitt Platform and to use third-party services to get a third-party measurement of the worldwide audience and usage data across the Olitt Platform.
THIRD-PARTY SERVICES
Certain features of the Olitt Platform may utilize the services and/or products of third-party service providers, e-commerce service providers, domain name service providers, etc. These may include software, information, data, or other services that may be offered to You either separately or as a part of the Olitt Platform (“Third-Party Services”).
The Web Service Creator represents and warrants to Olitt that: (i) they acknowledge and agree, when using the Olitt Platform, to enter into direct terms, at their sole risk and responsibility, with Third-Party Service providers, whose services may incur additional fees; (ii) Olitt shall be considered as intermediary only for such Third-Party Services and the Web Service Creator; (iii) Olitt is in no event liable for any Third Party Services; (iv) Olitt shall have no control whatsoever over the Third Party Services provided to the Web Service Creator; (v) Third-Party Service providers may require Users to agree to additional terms and conditions; and (vi) Olitt may at it sole discretion change, remove or otherwise limit Third-Party Services at any time and in any portion for the Olitt Platform or accessible via the Olitt Service with no compensation of refund.
INTELLECTUAL PROPERTY RIGHTS
Art Assets.
If, as a Web Service Creator, you have provided any art assets or other intellectual property to Olitt to design or assist you with designing Your Web Service (“Your Art Assets”), the following additional provisions will apply to you.
Your Ownership.
As between Olitt and You, You own all right, title, and interest, including all intellectual property rights, in and to Your Art Assets and any specific deliverable or work product created by Olitt for You (“Deliverables”); provided, however, that in no event shall the term Deliverables include any Olitt Tools. “Olitt Tools” means any Olitt Technology or trade secret, process, algorithm, invention, original works of authorship, development, design, improvement, patent, copyright, or other intellectual property of Olitt which Olitt (a) developed or acquired prior to entering into a Web Service design engagement with You; (b) acquired after the commencement of a Web Service design engagement with You and independently of such design engagement or (c) developed either alone or in collaboration with others, separate and apart from any Web Service design engagement with You, and all derivative works based thereon. Olitt Tools shall also include any software, Web Service management, design and development processes and productivity tools developed by Olitt, and of general applicability to Olitt’s business, whether or not prepared under the course of performance of a Web Service design engagement with You.
License Grant to Olitt.
During the course of your usage of the Olitt Platform, you hereby grant to Olitt a non-exclusive, worldwide, royalty-free, and transferable right and license to use, access, cache, reproduce, publicly perform and publicly display Your Art Assets for the sole purpose of designing Your Web Service and operating and making Your Art Assets available on the Olitt Platform and in all current and future media in which the Olitt Platform may now or hereafter be distributed or transmitted.
Olitt Ownership.
As between Olitt and You, Olitt owns all right, title and interest, including all intellectual property rights, in and to the Olitt Tools and Olitt Technology, and any derivative works or enhancements thereof. You shall not acquire any right, title, or interest therein, except for the limited rights expressly set forth in the Agreement. Any rights not expressly granted by Olitt herein are reserved to Olitt and its suppliers. Olitt acknowledges and agrees that a design engagement does not grant to Olitt any right, title or interest in any content, code, software, Operator data or other materials delivered to Olitt by You in connection with a design engagement (“Your Design Materials”), except for the limited rights expressly set forth in these Terms of Service. Any rights not expressly granted herein are reserved to each of the parties.
License Grant to You.
Subject to the terms and conditions hereof, Olitt hereby grants to You, a non-exclusive, non-transferable, non-sublicensable worldwide, perpetual, royalty-free license to use that portion of any Olitt Tools that are incorporated into any Deliverables solely in connection with Your use of Your Web Service(s) on the Olitt Platform. You shall not otherwise be entitled to use, license, or commercially exploit the Olitt Tools, and any such use may result in the revocation of the license rights herein.
License to use Content.
You hereby grant Olitt and its affiliates a nonexclusive, worldwide, royalty-free and transferable right and license to use, reproduce, modify, perform, display, prepare derivative works of, or incorporate into other works, transmit and distribute Your Content for any commercial purposes, including advertising, promoting and publicizing such Content on any of Olitt’s or its affiliates’ owned and operated websites, apps or services. If you cancel your account on Olitt and remove Your Content from Your Web Service, the foregoing license shall terminate provided such Content is not already in use by Olitt or its affiliates in accordance with the rights granted hereunder.
License to Olitt Platform.
During and subject to the terms and conditions of this Agreement, Olitt hereby grants you a limited, non-exclusive, non-sublicensable, non-transferable, freely revocable license to access and use the Olitt Platform solely to enable your use and creation of Web Services on the Olitt Platform. For clarity, aside from the foregoing limited license, you acknowledge that you shall acquire no rights in the Platform Code or Web Service Code.
You agree that, as between you and Olitt, all the intellectual property rights in the Olitt Technology are owned by Olitt or its licensors.
License to Code.
You hereby grant Olitt a non-exclusive, worldwide, transferable, royalty-free right and license to use, access, store, cache, publicly display and publicly perform Your Code (a) for the purpose of operating and making Your Web Service available for interaction with the Olitt Platform and in all current and future media in which the Olitt Platform may now or hereafter be distributed or transmitted; or (b) for our internal business purposes so that we may derive metrics and analytics relating to the Olitt Platform and Your Web Service.
COPYRIGHT INFRINGEMENT
You acknowledge and consent that Olitt does not initiate or direct any transmission of the material in Web Services or Your Content.
Olitt respects the Digital Millennium Copyright Act, laws, and regulations related to copyright protection. If you are a copyright owner or an agent thereof, and you believe that any content hosted on our website (www.olitt.com) infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Olitt’s Designated Copyright Agent with the respective information.
Olitt reserves the right to require more information, and Olitt may promptly terminate without notice the accounts of those determined by us to be “repeat infringers.”
ADVERTISING AND PROMOTION
At your sole discretion and risk, you may sell, run, and/or serve third-party advertising within your Web Service. If you include advertising in your Web Service, you agree and consent to Olitt providing you with information, offers, programs, features, and functionality related to advertising, including deals with advertising partners and advertising networks.
YOU AGREE THAT OLITT WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON YOUR NETWORK.
Olitt irrevocably shall have a right to use Web Services, free of charge and without limits, for advertisement, media placement, or else commercial Olitt’s or/and third parties’ activities.
TERMINATION
You may cancel your Account and terminate your further use of Olitt Services at any time using your account settings or by contacting Olitt support and then following the specific instructions.
Upon termination of the Services by either party for any reason:
We will cease providing you with the Services, and you will no longer be able to access your Account;
unless otherwise provided in the Terms, you will not be entitled to any refunds of any Fees, pro-rata or otherwise;
any outstanding balance owed to us for your use of the Services through the effective date of such termination will immediately become due and payable in full. Once that outstanding due is paid in full, you will not be charged again; and
your Account or Web Services will be terminated, and your Account information will be deleted within a period of no longer than thirty (30) days unless another timeframe is specified by Olitt hereafter.
If you purchase a domain name through Olitt, upon cancellation, your domain will no longer be automatically renewed. Following termination, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
Without limiting any other remedies, Olitt may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.
LIMITATION OF LIABILITY
YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL OLITT OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF OLITT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE OLITT PLATFORM; OR (B) ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE OLITT PLATFORM (IN THE AGGREGATE FOR ALL POTENTIAL CLAIMS BY YOU) IN EXCESS OF THE GREATER OF (i) $100 AND (ii) THE TOTAL AMOUNTS PAID TO OLITT BY YOU IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN OLITT (INCLUDING THIRD PARTY APPLICATION DEVELOPERS) AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE OLITT PLATFORM OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT. SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
Indemnity
You agree to indemnify and hold harmless Olitt and the Olitt subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any loss, damage, liability or expense incurred as a result of any breach of representation and warranties, Terms and/or applicable laws and regulations.
Severability
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these, such determination shall not affect the validity and enforceability of any other remaining provisions.
Assignment
You are not permitted to transfer, assign or otherwise dispose of this Terms which are personal to You, or any of Your rights or obligations arising under this Terms without the prior written consent of Olitt.
Olitt reserves the right to assign or otherwise dispose of the Terms without your consent.
GOVERNING LAW
The Terms shall be governed by the laws of the State of Delaware without regard to conflict of law principles. The provisions of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act, however designated, are excluded and shall not apply to this Agreement or any transactions hereunder.
Olitt Service may be accessible worldwide. We make no representation that the Service is appropriate or available for use in locations outside the United States, and accessing the Service from territories where its use is illegal or prohibited. Those who access or use the Olitt Service from other jurisdictions are entirely responsible for compliance with all applicable United States and local laws and regulations, including, but not limited to, export and import regulations.
CONTACTING OLITT
You may contact Olitt in the following ways:
Help Center:
To submit an inquiry, go to help.olitt.com
Or click on Support Widget to Raise a Ticket.
E-Mail:
[email protected] or by contacting our Help Center.
Postal:
OLITT / Cloudoon Inc.
SUITE 205#927, 651 N Broad Street,
Middletown, Delaware 19709,
United States of America.
You acknowledge and consent to Olitt contacting you and Your Operators in order to maintain compliance with these Terms of Service.
Olitt may change, suspend or discontinue all or any aspect of the Olitt Platform at any time, including the availability of any database, feature, or content, without prior notice or liability. Olitt reserves the right, at its discretion, to change or modify all or any part of these Terms at any time without any notice. Please review these Terms from time to time to ensure that you are aware of any changes.
IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU ARE NOT ALLOWED TO USE THE OLITT TECHNOLOGY AND SHOULD CEASE USING THE SERVICES AND THE OLITT TECHNOLOGY IMMEDIATELY.
