1. What This Privacy Notice Covers

The purpose of this Privacy Notice is to explain how we secure, share, and use personal information that we collect and receive from you through our websites (including www.blackweb.in), website hosting and design services, communication tools, ecommerce tools, and other services (collectively, the “Service”). If you have any questions or concerns regarding this Privacy Notice or our practices, please see the “Contact Us” section below.

2. What Personal Information Does Blackweb Collect?

Blackweb may collect personal information as further described below through: (a) Personal Information provided by you, (b) Automatically Collected Information, (c) Billing Information, (d) Cookies and Other Tracking Technologies, (e) Third Party Analytics Data, (f) Mobile App-Based Data and (g) Cross-App and Cross-Device Information. We do not collect or use “sensitive consumer information” and do not offer or sell to any third party any data based on sensitive consumer information.

Content guidelines

These types of sites are not allowed on Blackweb:

This list is a quick reference and is not meant to be complete. For more specific information, please read carefully the Terms below.

1. Acceptance of Terms

Thank you for using Blackweb! These Terms of Service (“Terms”) are a legal agreement between you and Blackweb (as defined below) and govern your use and access to Blackweb’s website creation service, including our website hosting services, websites, communication tools, mobile applications, and ecommerce tools and other services (collectively the “Service”) that are made available through the website (http://blackweb.in) and associated domains owned by blackweb (collectively, the “Site”) or otherwise made available by blackweb. By using the Service in any way, you agree to and accept these Terms, our Privacy Notice, and any other legal notices or guidelines posted on the Site. If you are using our Service for an organization, you are agreeing to these Terms on behalf of that organization. These Terms will also apply when you use the Service on a trial basis. If you do not agree to these Terms, do not use the Service.

When these Terms mention “Blackweb,” “we,” “us,” or “our,”. Your contracting entity will generally be determined based on your Country of Residence. Your “Country of Residence” is the jurisdiction associated with your Blackweb account as determined by either your express selection or by Blackweb’s assessment of your residence using various data attributes associated with your Blackweb account.

2. Description of Service

Our web-based Service allows users who register for an account (each an "Account Holder") to create and update an online web site. Once registered, each Account Holder receives his or her own Web Site and may post "Content" (defined in Section 8). Any new features on the Service, including the release of new blackweb tools and resources, shall be subject to these Terms. To use the Service, you must have access to the Internet, either directly or through devices that access web-based content, and you must pay any fees associated with Internet access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a web-enabled computer. The Service may include certain communications from us, such as service announcements, administrative messages, and the blackweb Newsletter. These communications are considered part of blackweb membership. You may not access the Service by any means other than through the Service interfaces we provide you.

3. Registration

To register as an Account Holder, you must provide us with a valid email address and other personal information ("Registration Data").You will choose a password and account designation for your web sites during the registration process and you will obtain a blackweb ID. You are responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account. In consideration of use of the Service, you agree to maintain and update true, accurate, current and complete Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if blackweb has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof. In addition to the restrictions on selling set forth in Section 9 below, individuals under the age of 13 are prohibited from creating or using accounts through blackweb.in.

4. Blackweb Privacy Notice

Our Privacy Notice (available at: https://www.blackweb.in/privacy), which is part of these Terms, describes how we collect, protect, and use your Registration Data and certain other information about you. We encourage you to read the Privacy Notice, and to use the information it contains to help you make informed decisions.

5. Website account and security

You are responsible for maintaining the security of your account and web site, for all activities that occur or actions taken under the account or in connection with the web site. You agree to immediately notify us in writing of any unauthorized uses of the account or any other breaches of security. We will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will blackweb or any of its affiliates, subsidiaries, officers, directors, or employees be liable, in any way, for any of your acts or omissions or those of any third party, including damages of any kind incurred as a result of such acts or omissions.

6. Proprietary Rights

The Site and Service are owned by blackweb. The Site and Service use and display content, features, and functionality, including but not limited to proprietary software, inventions, copyrights, trademarks, trade dress, service marks, logos, slogans, and taglines, owned by blackweb or other unaffiliated third parties, that are protected by India. and international copyright, trademark, patent, trade secret and/or other intellectual property or proprietary rights laws. No portion of the Site or Service may be copied, reproduced, displayed, transmitted, or otherwise used for any purpose without the prior written permission of blackweb or the respective third-party intellectual property owner, or except as otherwise specifically provided herein. We reserve all rights not expressly granted in these Terms.

The Service, all confidential and proprietary software used in connection with the Service, Materials (as defined below), content contained in sponsor advertisements or in information presented to you through the Service or by advertisers, and all other materials and services provided by or through blackweb are protected by copyright, trademark, trade secret, or other intellectual property laws. You are solely responsible for ensuring that your use of such Materials, including any “professional photos” or “free photos” made available through the Service, is done solely in accordance with all relevant laws, and any terms or conditions applicable to such Materials. In no event shall blackweb be liable to you or any third party for your use of Materials in violation of law, or any terms or conditions applicable to such Materials.

“Materials” means any and all software, text, software documentation, designs, "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted, as well as all derivative works thereof, in each case, made available by or through blackweb or the Service.

You may use the Materials to the extent, and only to the extent, necessary to access and use the Service in accordance with these Terms and, in the case of Materials owned by third parties made available to you by or through blackweb or the Service, any third-party terms or conditions applicable to such Materials. This permission does not permit you to store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher (or otherwise attempt to discover any programming code or any source code used in or with the Materials), or otherwise distribute in any way the Materials other than as specifically permitted in these Terms. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Service or Materials, create derivative works based on or in any manner commercially exploit the Service or Materials, in whole or in part, other than as expressly permitted in these Terms. Any use of the Service or Materials for any purpose other than as specifically permitted herein and in any relevant third-party terms of service is expressly prohibited. We reserve all rights not expressly granted in these Terms.

All trademarks, service marks, logos, slogans, and taglines (individually and collectively, “Mark” or “Marks”) are the property of blackweb or their respective owners. Except as otherwise specifically provided herein, no license or right to use any Mark is granted to you without the express written permission of blackweb or the respective third-party Mark owner.

“Professional Photos”- By purchasing and/or using any “professional photos” available through the Service, you agree that: (i) you will use such “professional photos” on your blackweb site only, for display solely in digital form; (ii) you will not sell, modify, re-use, re-sell, distribute, display, reproduce, or make any other use of such “professional photos”; (iii) where a “professional photo” features an individual and is used in connection with a sensitive, unflattering or controversial subject, you will include a statement that the image is used for illustrative purposes only and that the individual featured is a model; and (iv) you will not activate the “right-click” function in any “professional photo”, remove any metadata in any “professional photo”, or reverse engineer, decompile, or disassemble your site to enable the download or use of any “professional photo” on a standalone basis. In addition, you may not use any “professional photo”: (i) on a standalone basis with no other content; (ii) for pornographic, defamatory, or other unlawful purposes; (iii) to create or enable the creation of printed products; (iv) in physical or digital retail products, such as e-cards, calendars, posters, or screensavers; (v) to suggest or imply endorsement, sponsorship, or affiliation by or with any of the subject matter contained within the “professional photo;” (vi) for the purpose of enabling file-sharing of the image file; or (vii) in logos, trademarks, service marks or any other branding or identifiers.

7. Your rights in your Content

blackweb does not claim ownership of your Content (as defined below), but you give us your permission worldwide to host your Content on the Service and to perform all acts necessary to host your Content on the Service (such as making copies, reformatting, and distributing your Content). In other words, you grant us and our subsidiaries affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media.

By using the Service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will we be liable for your Content or the content of any third party, including, but not limited to, for any errors or omissions in your 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 we do not pre-screen Content, but that we shall have the right (but not the obligation) to refuse, move or delete any Content that is available via the Service. We shall also have the right to remove any Content that violates these Terms or is otherwise objectionable in our sole discretion. You must evaluate, and bear all risks associated with, the use of any Content. You may not rely on any Content created by us. You acknowledge and agree that we 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: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety and those of our users and the public.

The technical processing and transmission of the Service, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

8. Content and conduct rules and obligations

All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials you post on a web site via the Service ("Content") are the sole property of the person from which such Content originated. You are responsible for all Content that you upload, post, transmit or otherwise make available via the Service. We do not control the Content you post via the Service. Your Content does not include non-personally identifiable buyer/seller transaction or behavioral data derived from the use of blackweb’s eCommerce platform (collectively, “Platform Data”). blackweb owns all Platform Data and uses it for Service operations, improvements, and analytics. You are also responsible for creating back-up copies of your Content.

All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials you post on a web site via the Service ("Content") are the sole property of the person from which such Content originated. You are responsible for all Content that you upload, post, transmit or otherwise make available via the Service. We do not control the Content you post via the Service. Your Content does not include non-personally identifiable buyer/seller transaction or behavioral data derived from the use of blackweb’s eCommerce platform (collectively, “Platform Data”). blackweb owns all Platform Data and uses it for Service operations, improvements, and analytics. You are also responsible for creating back-up copies of your Content.

9. Selling Through blackweb

Some of our Services and Materials may offer you the opportunity to sell or purchase goods and services through sites hosted or designed by blackweb (such goods and services, “Commercial Products”). We are merely providing the platform for buyers and sellers to conduct transactions for these Commercial Products. In order to sell through blackweb, you must be 18 years or older or at least the age of majority in your Country of Residence and you must provide your full legal name, current address, valid email address, and any other information requested by us. In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.

When a buyer purchases Commercial Products, payments will be processed through our third party payment service provider. Buyers of Commercial Products will be provided a notice when entering their payment information directing them to the third party payment service provider’s terms of service and privacy policy. These payment services are governed solely by the payment service provider’s terms of service and privacy policy. We are not responsible for the actions of these third party service providers. In addition to the other rules and requirements described in these Terms, you must follow the rules listed below when offering, selling, or purchasing Commercial Products.

10. Fees/payment

You may agree to a twelve (12) month contract agreement with blackweb. Some of the features on the Service require payment of fees, as described for each Service on the Site (“Fees”). If you sign up for these features, you must pay all applicable feature Fees. We reserve the right to change our prices and/or bundle certain parts of the Service together for pricing purposes, and may do so at any time. You authorize us to make any reasonably necessary inquiries to validate your account and financial information.

All Fees are in INR and do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, GST, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). It is your responsibility to determine what, if any, Taxes apply to the payments you make or receive, and it is solely your responsibility to assess, collect, report and remit the correct Taxes to the appropriate authority. If you purchase any Services that we offer for a Fee, you consent to blackweb, or our third party service providers, storing your payment card information and you authorize us to charge you (a) any Fees for Services you may purchase, and (b) any applicable Taxes in connection with your use of the Services to the payment card you provide, and you will reimburse us for all costs associated with the collection of any overdue amounts, including any interest due for the same. If the payment card you provide expires and you do not provide new payment card information or cancel your account, you authorize us to continue billing you and you will remain responsible for any uncollected Fees.

AT THE END OF THE CONTRACT TERM, YOUR CONTRACT WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL CONTRACT TERM OF THE SAME LENGTH UNTIL EXPLICITLY CANCELLED BY YOU, AND YOUR PREFERRED PAYMENT METHOD WILL BE CHARGED ACCORDINGLY. YOU MAY TURN OFF THE AUTO-RENEW FEATURE FOR YOUR CURRENT CONTRACT AT ANY TIME. YOU MAY SEND CANCELLATION REQUESTS BY CONTACTING US THROUGH https://www.blackweb.in OR BY CALLING OUR HELP CENTER AT ANY TIME.

11. Cancellation; Service Changes

If you cancel the Service, your cancellation will take effect immediately. After cancellation, you will no longer have access to your web site and we may delete all information on your web site. We accept no liability for such deleted information or content.

For as long as we continue to offer the Service, we will provide and seek to update, improve, and expand the Service. As a result, we allow you to access the Service as it may exist and be available on any given day and have no other obligations, except as expressly stated in these Terms. We may modify (e.g., change data storage or capacity limits), replace, refuse access to, suspend or discontinue the Service, partially or entirely, or change and modify prices for all or part of the Services we offer in our sole discretion. All of these changes are effective upon their posting on our site or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and or discard any Content available as part of your account, with or without notice if deemed by us, in our sole discretion, to be contrary to these Terms. For avoidance of doubt, we have no obligation to store, maintain, or provide you a copy of any Content that you or others provide when using the Service. We also reserve the right to limit or cease phone or chat support to you if you consume a disproportionate amount of such customer services or otherwise negatively affect our ability to provide support to other customers (as determined in our sole discretion).

12. Money Back Guarantee

All paid blackweb accounts, except month-to-month accounts, include a 30-day money back guarantee. If you are dissatisfied with such account service for any reason, you can receive a full refund if you cancel your account within 30 days of activation, or within 30 days of your contract being renewed. Please direct refund requests to http://www.blackweb.in with the subject line: Refund Request. At any time during your contract term, you may upgrade or downgrade your service with blackweb. In the event of a service downgrade, a prorated credit will be issued to your blackweb account for the difference in the cost of the two services for the remainder of your original contract term. This credit will be applied to future months of service with blackweb, and cannot be refunded to you in cash. Downgrading your account may cause the loss of Content, features, or capacity of your account. We do not accept any liability for such loss.

13. Third Party Services, Software, and Websites; No Implied Endorsement

blackweb is not responsible or liable for any loss or damage incurred as a result of your use of any third party’s service, product, software, or website, including but not limited to any content thereon such as text, documents, designs, images, clips, photographs, videos, artwork, graphics, audio, audio-visual files, messages, interactive and instant messaging, posts, functions, files, documents, or other materials (collectively, “Third Party Materials”) whether or not you were linked to or directed to any Third Party Materials by or through the Site or Service. blackweb does not endorse or assume responsibility for any Third Party Materials and makes no guarantee regarding the reliability, accuracy, nature, origin, quality, or use of such Third Party Materials. You are solely responsible for ensuring that your use of any Third Party Materials, including those made available by or through the Site or Service, is done solely in accordance with all relevant laws, and the terms and conditions of any applicable licenses or other agreement. In no event shall blackweb be liable to you or any third party for your use or alleged use of any Third Party Materials.

Further, Third Party Materials, such as email, e-commerce and payment services including but not limited to, , PayPal and razorpay payment options, may be subject to the applicable third party terms of service and privacy policies, and you are solely responsible for reviewing, agreeing to, and complying with any such terms before you use any Third Party Materials. Your use of any Third Party Materials is at your own discretion and risk. If you do not agree to the third party’s terms of service or license agreement, do not download or use the Third Party Materials. Your use of any Third Party Materials obtained through the Service does not transfer to you any rights, title, or interest in or to the Third Party Materials beyond the terms contained in the third party provider's terms of service or license. Any reference on the Site to any Third Party Materials is not an approval or endorsement by us of such Third Party Materials.

Third Party Payment Processors: blackweb uses third party payment processors to assist us in securely processing your personally identifiable payment information. Such third party processors’ use of your personal information is governed by their respective privacy policies which may or may not contain privacy protections as protective as the blackweb Privacy Notice. Payments are currently processed and managed using the third party vendors below. We will inform you which payment processors are used when processing your payments.

14. Themes

If you choose, you may contribute website themes ("Custom Themes") to the Service for use by other users. You hereby grant and agree to grant us an exclusive, perpetual, sublicensable, worldwide, irrevocable, royalty-free right and license to use, copy, modify, and create derivative works of any Custom Themes contributed by you to the Service, including the HTML code and associated media assets.

15. Designer Platform Terms

If you use our Designer Platform Service to design a web site (a “Client Website”) for a third party (your “Client”), your use of the Service shall be subject to the additional terms set forth in this Section 15.

16. Resale of Service

You will not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission, which may be in the form of a separate written agreement with blackweb (such as the blackweb Cloud Agreement).

blackweb is often used by Designers to design websites for a third party. Such use is explicitly permitted under the Designer Platform terms above. Should you design websites for third parties on any other version of blackweb other than the Designer Platform, such sites must each have their own account controlled by the third party, and you may not group multiple client sites under one account owned by you.

17. Domain Name Registration, Domain Name Cancellation, and Change of Registrar

For the domain name registration services (the “Domain Services”) provided to you by blackweb, the following terms and conditions also apply (the “Domain Terms”). Your use of the Domain Services provided by blackweb serves as your consent to these terms. Some of the service packages include blackweb registering an Internet domain name or renewing your existing domain name (the “Domain Name”) on your behalf. For the purpose of procuring and/or maintaining domains, blackweb will act only as the agent between you and the domain name service provider responsible for domain name allocation (the “Registrar”), which will be Register.com. All new registrations and subsequent renewals of those registrations will therefore also be subject to the Register.com terms and conditions located at: http://www.register.com/policy/servicesagreement.rcmx. blackweb reserves the right to utilize another domain name service provider at any time, in which case the terms and condition of such organization will apply complementarily to these Domain Terms and such other domain name service provider shall be deemed a “Registrar” for purposes of these Terms.

blackweb may provide one (1) free domain name for up to one year, with a new purchase of an annual or bi-annual subscription plan. The domain will be included for the lifetime of your blackweb account, and the domain will be registered in your name and is yours to keep, as long as you cover any applicable domain registration fees following the first year. The free domain name only applies to certain top-level domains (e.g. .com, .net, and .org) when signing up for a new plan.

You are responsible for providing correct and complete data regarding the domain name holder (“Registrant”) and the administrative contact when registering the domain name. The technical contact in all cases will be blackweb, Inc. Before applying for a domain name, it is your responsibility to check that the domain name does not violate the rights of any third party or contravene any applicable law, rule or regulation. We may defer activation of a domain name until payment of the agreed fees for the registration services has been received. blackweb is in no position to influence the allocation of the domain name by the Registrar. We can neither guarantee that the requested domain names will be allocated to you and/or that allocated domain names are free of third-party rights nor guarantee their continued existence. Any information we provide regarding the availability of a domain name is based on the data provided by third parties and only refers to the time that information is requested. The domain will not be deemed as allocated before registration of the domain in the name of you, the Registrant, and its entry in the database of the Registrar.

The initial registration term for purchased domains may vary and such registration will auto-renew for successive 12-month periods. You will be charged for auto-renewal forty-five (45) calendar days before your domain expires (even if that date differs from your blackweb website subscription renewal date). You can, of course, opt out of auto-renewal by turning off the auto-renew option in your settings at any time before the auto-renewal takes effect. Each purchased domain name is registered in your name and is yours to keep, as long as you pay the applicable fees. If you purchase a new domain, or renew an existing domain, and cancel your purchase within the first thirty (30) days by contacting http://www.blackweb.in, you may receive a full refund. Your right and title to your domain name allows you to transfer a purchased domain to another domain provider; however, you will not be eligible for a refund of registration fees paid to blackweb for transferred domains. Regardless of the identity of the Registrant or any other contact information in your domain name records, any domain name registered through blackweb using your blackweb account is covered by these Terms.

Maintaining accurate and current billing information is a mandatory condition of maintaining your blackweb account. Such data must include the full and real name of the Registrant, a physical mailing address (PO boxes or anonymous addresses are not permissible), a valid email address and telephone number. If this information changes, you must immediately inform us of this change by updating it online. Please note that if your billing information, including your current credit card information, is not current, we will not renew your Domain Services and they may subsequently expire.

Subject to these Terms and those of the Registrar, you may transfer all domain names registered through us to another domain name service provider by following the online instructions provided by blackweb. Should we, due to failure on the part of you, the account holder, or the new domain name service provider, be unable to make the domain transfer to your new domain name service provider, we are expressly entitled to have the cancelled domain name deleted by the relevant domain name service provider after the cancellation date has lapsed, and we will not be liable to you or any third party for such deletion. We reserve the right to allow domain transfers only if you have settled all undisputed pending claims with us.

It may not always be possible to recover a domain name after it has expired, and blackweb has sole discretion in determining when a domain name can be renewed post-expiry and what fees will be applicable. If you forfeit a domain name for non-payment, blackweb will have the right, in its sole discretion, to: (a) register and use the domain name for its own purpose; (b) sell or transfer the domain name to a third party; or (c) delete the domain name and allow any new registrant anywhere in the world to register the domain name anew. Further, you agree that blackweb may charge the credit card you have on file with blackweb to recover any amounts outstanding on your account.

On certain occasions, domain name registrations may become the subject of a legal challenge. If blackweb is made a party to any legal action by virtue of one of your domain name registrations, you agree to be responsible for all of blackweb’s costs and legal fees and to indemnify and hold blackweb harmless from any action. If blackweb is notified that a complaint has been filed with a judicial or administrative body regarding your domain name, blackweb may, at its sole discretion: (a) lock or suspend your ability to use, make modifications to, or transfer your registration records; and/or (b) deposit control of your registration record with the appropriate judicial entity by supplying a registrar certificate from us.

You must notify us immediately if you lose the rights to a domain name registered by blackweb on your behalf.

18. Email Marketing Service

For the email marketing services provided directly to you by blackweb (the “Email Marketing Service”), the following terms and conditions also apply. Your use of the Email Marketing Service serves as your consent to these terms. blackweb may suspend or terminate your access to and use of the Email Marketing Service if you do not comply with these terms.

Your use of the Email Marketing Service must comply with all applicable domestic and international laws. This includes the laws applicable to you and also laws applicable to blackweb and all recipients to whom you intend to send emails (each a “Recipient”). Examples of applicable laws include laws relating to spam or unsolicited commercial email (hereinafter “Spam” or “UCE”), privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, homeland security, gambling, child protection, and other applicable laws. It is your responsibility to know and understand the laws applicable to your use of the Email Marketing Service and the emails you generate and send through the Email Marketing Service. Your use of the Email Marketing Service must also comply with the Privacy Notice applicable to the Email Marketing Service. blackweb’s Privacy Notice is available here.

You are solely responsible for your products and services and any other promotion and Content contained in or referred to in your emails sent through the Email Marketing Service. You agree to use the Email Marketing Service in a lawful, safe, and professional manner, consistent with industry best practices, including keeping reliable records. You are solely responsible for any and all statements you make and for all user assistance, warranty and support of your products and services.

Your use of the Email Marketing Service must follow all applicable guidelines established by blackweb. The guidelines below are examples of practices that may violate these Terms when generating or sending email or messages through the Email Marketing Service:

It is your responsibility to ensure that the Content you put in your emails does not violate these guidelines. Although blackweb has no obligation to do so, we may monitor your account to ensure compliance with these Terms and operation within the acceptable industry standards. In our sole discretion, we reserve the right to block emails, remove Content, or prohibit use of the Email Marketing Service that may be in violation of the foregoing or of the Terms (including SendGrid Terms). You understand and agree that we and any applicable third party that supports, posts, publishes or distributes your emails and Content also has the right to reformat, edit, monitor, reject, block or remove any of your emails and Content and suspend or terminate the Email Marketing Service, in whole or in part, permanently or temporarily. In no case will the foregoing make us responsible or liable to you for compliance with any such laws or obligations, for which you remain solely responsible and liable.

If you know of or suspect any violations of these Terms, please notify blackweb here. blackweb will determine compliance with these Terms in its sole discretion and reserves the right, without notice, to take all measures of any nature (legal, technical, or otherwise) or prevent UCE and/or any other unauthorized email, messages or campaigns from entering, utilizing or remaining within our network. We may terminate the Email Marketing Service and your blackweb account at any time and for any reason. If your account is terminated, we may permanently delete it and any associated data.

In order to provide the Email Marketing Service, we currently use SendGrid’s API (www.sendgrid.com); hence, your use of the Email Marketing Service is also governed by SendGrid’s terms and policies, as now effective and/or as may be effective in the future (“SendGrid Terms”), including, without limitation, SendGrid’s Terms of Use and SendGrid’s Privacy Policy. SendGrid Terms are in addition to these Terms, and you shall comply with both as applicable to the Email Marketing Service. blackweb is under no obligation to notify you of any changes to the SendGrid Terms. We may terminate any Third Party Service, including SendGrid, in our sole discretion at any time, without notice to you, with no liability to you or to the third party. Any such termination or any act by a Third Party Service may impact our ability to make available some or all of the features of the Email Marketing Service, and we will not be liable to you or to any third party for any such actions.

We will obtain any information that you provide us in connection with your use of the Email Marketing Service, such as contact lists (including email addresses and any other information contained in such lists) and Content posted or used by you for the Email Marketing Service, or in any other manner. We acknowledge your ownership rights in such contact lists (“Customer Information”) and Content. We won’t sell or rent your Customer Information without your prior explicit permission or use your Customer Information for any purpose other than as described in our Privacy Notice and in these Terms. SendGrid may also use the Customer Information and other information provided by you as part of the Email Marketing Service, in accordance with the SendGrid Terms.

You hereby grant to us a revocable, non-exclusive, royalty-free, worldwide license, with the right to sublicense, use, reproduce, publish, distribute, perform and display Customer Information, only as required by us to offer and operate the Email Marketing Service.

You are solely responsible for the accuracy, quality, integrity, legality, reliability and appropriateness of all Customer Information. You are responsible for maintaining, securing and storing all Customer Information in accordance with applicable law and your contractual obligations, including these Terms. You represent and warrant that you own or have rights in the material in your emails and the Customer Information required for us to use the Customer Information as contemplated by these Terms.

When using the Email Marketing Service, you agree that any emails and messages and Content contained therein are non-confidential, and you automatically grant or warrant that the owner of such Content or intellectual property has granted to us (or sub-licensed to us through you) a non-exclusive, royalty-free, perpetual, transferable, worldwide license, with the right to sublicense, to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display such Content or intellectual property in any manner or in any media now known or hereafter created, including in connection with our marketing and promotional activities.

To the extent permitted by law, we may make and preserve copies of all Customer Information as necessary to provide the Email Marketing Service and for internal back-up and other legal or regulatory purposes. However, we are not obligated to preserve copies of your Customer Information, emails and messages, Content or other data. You are responsible for backing up your Customer Information.

We make no representation or warranty that the content and materials on our website and/or the Email Marketing Service are appropriate for use in locations outside the United States. Those who choose to access the Email Marketing Service from other locations do so at their own risk, and are responsible for compliance with applicable local laws. We reserve the right, at any time and in our sole discretion, to limit the availability, quantity, and accessibility of the Email Marketing Service to any person, geographic area, or jurisdiction.

19. Indemnity

You will indemnify, defend, and hold harmless blackweb, and its subsidiaries, licensors, affiliates, officers, directors, agents, co-branders, partners, employees, successors, and assigns (collectively “Indemnified Parties”) from any and all liability, loss, claim, damages, expenses, costs or demands, (including but not limited to reasonable attorneys' fees), incurred or made against the Indemnified Parties by any third party in connection with any claim arising from or related to: (a) your use (or anyone using your account/s) use of the Service, the Site or the Materials, (b) your Content, (c) any Commercial Products you offer on or through the Site or using our Services, or (d) your use of the Domain Services. This includes, but is not limited to, any breach or violation of these Terms by you or anyone utilizing your account. You must fully cooperate at your expense as required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.

20. Disclaimer of warranties

You will indemnify, defend, and hold harmless blackweb, and its subsidiaries, licensors, affiliates, officers, directors, agents, co-branders, partners, employees, successors, and assigns (collectively “Indemnified Parties”) from any and all liability, loss, claim, damages, expenses, costs or demands, (including but not limited to reasonable attorneys' fees), incurred or made against the Indemnified Parties by any third party in connection with any claim arising from or related to: (a) your use (or anyone using your account/s) use of the Service, the Site or the Materials, (b) your Content, (c) any Commercial Products you offer on or through the Site or using our Services, or (d) your use of the Domain Services. This includes, but is not limited to, any breach or violation of these Terms by you or anyone utilizing your account. You must fully cooperate at your expense as required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.

21. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF blackweb HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) 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; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SERVICE.

IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICE, OR THE MATERIALS, YOUR SOLE AND EXCLUSIVE REMEDY, AS PERMITTED BY APPLICABLE LAW, IS TO CEASE USING THE SITE, THE SERVICE, AND THE MATERIALS. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER blackweb, ITS AFFILIATES, NOR LICENSORS SHALL BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, THE SERVICE, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE SITE, THE SERVICE, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE.

22. Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS SET FORTH IN SECTIONS 20 AND 21. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 20 AND 21 MAY NOT APPLY TO YOU.

24. Agreement to Arbitrate; Class Waiver

We want to address your concerns or issues before filing a claim against blackweb. Please contact us at http://www.blackweb.in. We'll contact you by email to informally resolve the dispute. You or blackweb may start a formal dispute resolution process if a dispute is not resolved within 30 days of your submission.

YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS AND YOU WILL NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION (E.G., CLASS ACTION, CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR CONSOLIDATION WITH OTHER ARBITRATIONS).

Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service, or to enforce intellectual property rights (e.g., copyright, trademark, trade secret, or patent rights) without first engaging in our informal dispute resolution process or arbitration. In the event this agreement to arbitrate does not apply to you or your claim, any judicial proceeding will be brought in the federal or state courts of San Francisco County, California. You and blackweb agree to submit to the personal and exclusive jurisdiction of the courts in San Francisco, California. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

25. General

We may provide notices to you via either email or regular mail. The Service may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Service. If your Country of Residence is the United States or Canada, these Terms and the relationship between you and blackweb shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and blackweb agree to submit to the personal and exclusive jurisdiction of the courts located within San Francisco, California. If your Country of Residence is the United Kingdom, Ireland, or anywhere except the United States, Canada, Japan, or Australia, these Terms and the relationship between you and blackweb shall be governed by the laws of England and Wales. If your Country of Residence is the Japan these Terms and the relationship between you and blackweb shall be governed by the laws of Japan. If your Country of Residence is Australia, these Terms and the relationship between you and blackweb shall be governed by the laws of Victoria. The failure of blackweb to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements (including, but not limited to, any prior versions of these Terms). You also may be subject to additional terms and conditions that may apply when you use affiliate or other services, third-party content or third-party software. If any provision of these Terms 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 these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action brought by you arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. You acknowledge and agree that you are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, more than one person's claims may not be consolidated under any circumstances, in any form of any class or representative proceeding or otherwise.