Version February, 21h, 2013
To improve the readability of this document some definitions are further defined as of here.
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- Applied website: The website that the Subscriber uses the to utilize the Product.
- Content: Content (text, images, graphics and source code) available on the Merwin Website and possible affliates.
- Hosting: The use of the online server space made available by Merwin Online to utilize the Applied web site on (so called hosting).
- Online Services: dditional services that Merwin Online offers besides the Packets.
- Packet: The available software parts offered by Merwin Online and/ore used by Subscriber on an Applied website.
- Subscriber: User of or purchaser of products made available by Merwin Online.
- Product: The total of products offered by Merwin Online; Packets, Hosting and Services.
- Visitor: Individuals who visit the site merwinonline.com based on a unique IP address.
- Website: The website of Merwin Online: Merwin-online.com.
The following terms include all the use of the website of Merwin Online, offered, related services, content and available products. This includes, but is not limited to the following: the names Merwin, Merwin Online, Merwin-online.com, the Merwin logo and all other logos, graphics and logos used by Merwin Online. The website (merwinonline.com) is owned and operated by Merwin Online. The website is offered to you conditioned on your acceptance without modification of all conditions and all other operating rules, policies (including, without limitation, Merwin Online privacy policies) and procedures that can be published from time to time on this Website by Merwin Online. The general conditions are composed in accordance with the following statutory provisions: Articles 6:234 to 6:279 BW of the Dutch civil law.
Please read these terms carefully before you ("Visitor" or "Subscriber") make use of our Products. By accessing and using one of our products and / or services, the Visitor or Subscriber agrees to be bound to the terms of this agreement. If the Visitor or Subscriber does not agree to the terms and conditions, please refrain from using our products and / or services.
Merwin Online reserves the right, at it′s sole discretion, to modify the terms and conditions at any time by posting amended terms on the website. Individuals who consult the site (from here on "Visitors") and paying individuals (from here on called "Subscriber") are responsible for examination of such changes. By making use of the delivered Product (called Packets) following such change, the changed terms of the Subscriber are assumed as known.
The Website is available for each unique Visitor or Subscriber. The Products ("Packets" and "Services") are available only to individuals who are lawfully authorized to enter into contracts. The Visitor and Subscriber shall comply with all applicable (international) laws and regulations. When the Visitor or Subscriber is a legal entity which represents a corporation, foundation, association or other type of connection are requested to act or to conform to current regulations in that specific industry.
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Access and control
The Product offered by Merwin Online is only aimed at use by the Subscriber. The offered product is not intended for use or benefit of third parties. The Product includes, but is not confined to, Packets for use by the Subscriber, Hosting made available for the Subscriber and Services that Merwin Online performed for the Subscriber. Merwin Online reserves the right parts of the Service or the Service at any time to terminate, including the availability of any feature, database or specific content (Content). Merwin Online may impose limits on certain features or functions available in the Service. Merwin Online reserves the right to change without notice access or use of the Service or parts of the service to terminate.
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Merwin Online will take all reasonable efforts to deliver the Website, Packets, Hosting, Services at a 24 (twenty four) hours a day, 7 (seven) days a week available. However there will be times that the Website and / or available services can be interrupted for maintenance, upgrades and / or repairs. All reasonable steps will be taken to such disturbances to prevent or minimize the opportunities available within the reasonably sources Merwin Online has available at that moment.
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Merwin Online makes so called templates ("Packets") available to the Subscriber for use on Subscriber′s self provided web space or for use on server space made available by Merwin Online (Hosting).
The Merwin Online Subscriber hereby grants the Subscriber the right to carry out bought Packets on Subscriber′s own or by any other made available webspace. This right is not transferable or sublicensable. Purchased Packets may not be interchanged, shared or sold between websites, blogs and / or (other) Subscribers. The Packets are hereby subject to the payment terms.
Subscribers are free to modify or adapt purchased original Packets to suit to their own needs or taste. A custom or modified Packet is then seen as a so called Custom Packet. Merwin Online takes no responsibility for improper operation of a Custom Pack after modification of an existing Packet. Merwin Online familiar Subscriber discretion to act. REPLACEing existing third-party code by is also seen as a modification.
Custom Packets as well as original Packets may not interchangeable between websites, blogs and / or subscribers are transferred. Custom Packets are intended only for personal use.
Custom packets which are modificated by the Subscriber are as such not suitable to be adapted by Merwin Online in later updates. The Subscriber shall take this into account at all times when adapting or modifying the Pack.
Merwin Online wants to note it′s subscribers on the possible consequences of such changes.
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The Merwin Online Website and Content is copyrighted as a collective work under applicable laws, regulations and international treaties on copyright. Other than as expressly stated in these terms, we request the Subscriber not to copy, modify, publish, broadcast, upload, transmit, sell, reproduce, distribute otherwise to exploit Content on the Website in whole or in part. The Content on the Website includes all text, graphics, software and source code.
The Subscriber Content is freely available to download or copy, on the explicit condition that the Subscriber observes all applicable copyright and other mentioning related to. Downloading, copying or storing of any Content for other than personal, non-commercial purposes is expressly prohibited without prior written permission of the owner Merwin Online or concerned third parties of what the content is applied.
Self-generated content is Subscribers property (see also "Subscriber Content"). However, the Product (the "Packets", "Hosting" and "Services") remain at all times the property of Merwin Online or by (in part) third parties concerned. This applies equally to the intellectual property rights here in question.
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Subscriber content and third party content
This Agreement is not transferable or sublicensable between Merwin Online and Subscriber. Merwin Online, Merwin-online.com, the Merwin Online logo and all other trademarks, service marks, graphics and logos used by Merwin Online or the Website are trademarks of Merwin Online. Other trademarks, service marks, graphical as performances and logos used in connection with the Website may be trademarks of others. Subscribers use of the Website provides no right or license to license or reproduce Merwin Online trademarks or trademarks of third parties.
The Subscriber is solely responsible for the Content placed on the Applied Website. By placing, produce, reproduce or transmit Content on Applied Web sites, the Subscriber hereby agree to all terms and conditions, legislation concerning the placing of such Content. Reasonably the Subscriber takes into account not to post content which is protected by intellectual property or copyright without the permission of the owner. Merwin Online refrains from any claims by third parties for infringement of intellectual property and copyright by such acts of it′s subscribers.
The Subscriber assumes responsibility for the Content placed on the Applied Web Site which can be identified as inaccurate, invasive, offensive, indecent, or objectionable. The Subscriber assumes responsibility for content posted and / or by third parties which may be considered as inaccurate, infringing, abusive, indecent, or objectionable.
Merwin Online provides its subscribers with the possibility of publishing (uploading) own content online through social media channels for sharing purposes. Merwin Online points it′s Subscribers out that when sharing through such channels the published content is subject to the (copy)rights applicable to such channels. These can be found in the terms of service of the corresponding channel.
Merwin Online grants it′s Subscribers to provide access to third party websites through hyperlinks, hypertext or other links on the Applied website of the Subscriber. Offered material or content is beyond the control and responsibility of Merwin Online or the Web site. Unless otherwise expressly indicated, nor Merwin nor the Website, or any representation or warranty about any third party content made available through the Website or the products or services through any such linked website endorse.
Merwin Online may wish to contact Subscriber regarding use of Subscriber content for promotional activities. Merwin Online will coordinate such activities (and thus use of Subscriber content) at any time in accordance with Subscriber.
Merwin Online and Website and refrain from:
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- Any form of responsibility and liability for the content or third-party websites;
- Any form of personal suffering or damage caused by improper use of a Pack or by actions by the Subscriber which can be considered as abuse.
- Any representations or warranties regarding the security of information provided by Subscriber. This includes all personal information (credit card, name and address and other personal information) Subscriber or Vistor might be asked by or asked to provide a third party. Subscriber or Visitor hereby agree to refrain from any action against Merwin Online or the Website with respect to such sites and content provided by third parties.
Payment and reduction
Merwin Online reserves the right to change prices at any given time. Reasonably, the Visitor or Subscriber of the Website shall be notified of such change.
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- Online based costings (as shown on the billing Subscriber) based on packages used on the basis of specified term by Subscriber. Merwin Online reserves the right to charge a fee for any Packages in use y Subscriber after expiring of the (free) trial period.
- Granted discount codes and / or expressions can only be used seperately and be used only once. Codes can not be discounted in combination with other discount codes and / or expressions. Merwin Online reserves the right to use specific conditions and properties which connect to discount codes and / or expressions, possibly associated with one or more specific Products.
- Giftcoupons provided by Merwin Online are seen as articles and have an unlimited validity, but can also only be used seperately and only once.
- Reductions and discount (s) designated by Merwin Online are provided when Subscriber subscribes to the newsletter and are valid for 30 (thirty) days. These reductions and discount(s) apply only to Hosting and Packets.
- Discounts provided through printed material (posters and flyers) are valid for six months (until November 15th, 2012).
- Merwin Online does not take responsibility for any loss or theft of discount and / or reduction data by Visitor or Subscriber.
All Products sold through Merwin Online have a period of 14 days ′on sight′ for the Subscriber. Within this period the Subscriber can return the Product to Merwin Online without further cost on behalf of the Subscriber. Returns can be made by filling out an application form on the website. On return of the Product Merwin Online clears the chosen domainname by Subscriber. On return Merwin Online stops the Hosting provided to Subscriber. On return Merwin Online reserves the right to render the returned Packet as unusable. The date of purchase by Subscriber counts as startdate for Merwin Online. The returnform can be found here: http://merwinonline.com/?T=943&lang=NL.
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Merwin Online reserves the right to place advertisements or other commercial expressions from third parties on the Website. Merwin Online also reserves the right to place advertisements or other commercial expressions in the (free) Trial packets. Paid Packets are free of advertisements and commercial messages. Merwin Online takes reasonable responsibility that such advertisements or statements by no means are offensive in nature.
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Domain Names / URLs
The Subscriber is free to choose a domain name (URL) to adopt and use the Packets of Merwin Online to execute on behalf of this domain name. In case the Subscriber makes use of Hosting a 2 (two) months notice for termination of the contract applies. Subscriber will be notificated by Merwin Online 1 (one) month in advance. Domains hosted by Merwin Online are automatically renewed without mutual cancellation. The Subscriber is responsible for observing the applicable laws, rules and conventions regarding the registration and use of domain names. More information regarding domain names and legislation can be found here: http://www.icann.org/ and http://www.internic.net/.
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The Subscriber is responsible for all activities related to the use of the Products and access to the Website. Fraudulent, abusive or otherwise illegal activities regarding the use of the Website and / or products can result in refusal of the Subscriber in further access of the Website. The Subscriber is prohibited in any way, directly or indirectly to disclose or expose personal data, registration information and passwords of other Subscribers and to use these for any purpose as seen by local laws and regulations as illegal. The use of the Website or Products to crack the security of computer networks, circumvent passwords and encryptions, store illegal material or other illegal activities are strictly prohibited.
In no event the Subscriber should use the Website or the Product to:
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- Send out junk email, bulk email, spam or other materials to send to other Subscribers or Visitors of the Website;
- Insult, threaten, or stalk other Subscribers or Visitors of the Website;
- Assume a different identity other than his own;
- Post content in violation of relevant laws and regulations;
- Infringe in any other way on points as set in these general conditions.
Registration and Security
As a condition of Subscribers use of the Products ("Packets", "Hosting" and "Services"), the Subscriber will be required to register with Merwin Online and select a password. The subscriber provides Merwin Online during the registration accurate, complete and correct information.
Merwin Online reserves a margin of 2 to 5 days from time of application and effective activation of Applied Website. This margin covers the technically correct processing of the request of the Subscriber. Merwin Online may change the specified domain (in consultation with the Subscriber) if it appears to be unavailable.
The Subscriber is prohibited to:
The Subscriber is responsible for maintaining the provided registration information and password(s). The Subscriber assumes all responsibility for all own activities conducted through the Product and shall exempt Merwin Online is from any liability from or arising from these activities. The Subscriber agrees to immediately notify Merwin in the case or suspected case of: loss, theft or unauthorized use of Subscribers registration information and password via the Merwin Online Website (merwinonline.com). The Website takes all reasonable security regarding the use of internet, telephone or other means such (personal) data to view or save.
If the Subscriber chooses to execute a Merwin Online Pack on it′s own webspace, the Subscriber is entirely responsible for maintaining the security on that space. The Merwin Online Packets are fully equipped to the latest safety standards in web security. Merwin Online is not responsible for security vulnerabilities caused by incomplete or omission herein by Subscriber.
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- Use one or more Product(s) to pose as another person to occur;
- Enter any other person′s name and/or personal data without the required consent of that person.
Merwin Online offers Visitors the opportunity to try out Products (in this case "Packets" and "Hosting") for a period of 14 days without any further cost. If the Visitor after these 14 days wishes to make no further use of such Products no data will be stored stored and and the Visitor will not be charged. Merwin Online would to point out Visitors that the Trial packets contain Packets which are only available in the following period of 14 days for an additional fee. In addition, some functions (′meta tags′) is not applicable in the Trial. Trial packets are limited to placing 15 images and maximum use of 4 pages.
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