AbcSubmit.com Terms of Use

The AbcSubmit Terms constitute a binding and enforceable legal contract between AbcSubmit SRL. and its affiliated companies and subsidiaries worldwide (“AbcSubmit”, “us” or “we”) and you in relation to the use of any AbcSubmit Services – so please read them carefully.

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

By using our Services, you acknowledge that you have read our Privacy Policy available at //www.abcsubmit.com/site/privacy-policy (“Privacy Policy”).

By using our services, you signify your consent to these terms and you acknowledge that you have read our Privacy Policy. You may not use our services if you do not consent to all our terms.

If anyone other than yourself accesses your User Account and/or any of your User Platforms’ settings, they may perform any actions available to you (unless as specifically stated otherwise on the AbcSubmit Services), make changes to your User Platform(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.

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

You must provide accurate and complete information when registering your User Account and using the AbcSubmit Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.

In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business license) that may assist us in determining ownership. Among others, we may consider the principles set forth below.

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

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

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

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

When a user account is disputed, we may determine the ownership of such user account.

1. 1. you are at least thirteen (13) years of age, or sixteen (16) years of age if you are an individual within the European Union (EU), or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the AbcSubmit Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the AbcSubmit Terms;
   2. your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
   3. you understand that AbcSubmit does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;

And specifically regarding your User Content:

1. you confirm you own all rights in and to any content uploaded or provided by you, or imported, copied or uploaded by AbcSubmit Services for you, to your User Platform (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, information you provide for the purpose of creating a subdomain name, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access to, import, copy, use, publish, transfer or license such User Content, by you and us or any of our affiliates;
2. you have (and will maintain) the full power, title, licenses, consents and authority to allow AbcSubmit Services to access any websites, web pages and/or other online services, for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using, your User Content.
3. the User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which you or your User Platform’s visitors and users (“End Users”) reside, or for AbcSubmit and/or your End Users to access, import, copy, upload, use or possess in connection with the AbcSubmit Services;
4. you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.

Among others, you need to be of a certain legal age of majority, reside and use our services in a permitted location.

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

1. fully comply with all applicable laws and any other contractual terms which govern your use of the AbcSubmit Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
2. be solely responsible and liable with respect to any of the uses of the AbcSubmit Services which occur under your User Account and/or User Platform(s), and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the AbcSubmit Services);
3. regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Platform, including with respect to End Users, User Products, and any applications and/or Third Party Services used by you;
4. receive from time to time promotional messages and materials from AbcSubmit or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;
5. allow AbcSubmit to use in perpetuity, worldwide and free of charge, any version of your User Platform (or any part thereof) for any of AbcSubmit’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against AbcSubmit or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses;
6. AbcSubmit’s sole discretion as to the means, manner, and method for performing the AbcSubmit Services, including those regarding the hosting, transmission, publication and/or display of any User Platforms and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).
7. ​AbcSubmit shall have the right to offer the AbcSubmit Services in alternative price plans and impose different restrictions as for the upload, storage, download and use of the AbcSubmit Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, volume of download time, number of subscribers to your Content, etc.

You will be responsible for your actions and for the actions of anyone who accesses your user account or user platform settings.

You shall regularly save backups of your content.

You agree that we or our partners may send you promotional messages and content.

You can easily opt-out of receiving promotional messages by contacting us.

You allow us to use your website for our promotional activities, and to determine the manner in which the services will be performed.

You agree that AbcSubmit has the right to impose and change price plans for its Services. Additionally, AbcSubmit may impose restrictions depending on your specific usage of the Service.

1. copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the AbcSubmit Website, the AbcSubmit Services (or any part thereof), any Content offered by AbcSubmit or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without AbcSubmit’s prior written and specific consent and/or as expressly permitted under the AbcSubmit Terms;
2. submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of AbcSubmit or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
3. use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;
4. phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable;
5. upload, insert, collect or otherwise make available within the AbcSubmit Website or the AbcSubmit Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;
6. publish and/or make any use of the AbcSubmit Services or Licensed Content on any website, media, network or system other than those provided by AbcSubmit, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the AbcSubmit Services, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by AbcSubmit, in advance and in writing;
7. use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the AbcSubmit Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the AbcSubmit Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the AbcSubmit Services;
8. act in a manner which might be perceived as damaging to AbcSubmit’s reputation and goodwill or which may bring AbcSubmit into disrepute or harm;
9. purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use AbcSubmit or AbcSubmit Marks and/or variations and misspellings thereof;
10. impersonate any person or entity or provide false information on the AbcSubmit Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to AbcSubmit and/or any End Users;
11. falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that AbcSubmit or any third party endorses you, your User Platform, your business, your User Products, or any statement you make;
12. reverse look-up, trace, or seek to trace another User of AbcSubmit Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the AbcSubmit Services and/or User Platform without their express and informed consent;
13. disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the AbcSubmit Services, User Platform, the account of another User(s), or any other systems or networks connected to the AbcSubmit Services, by hacking, password mining, or other illegitimate or prohibited means;
14. probe, scan, or test the vulnerability of the AbcSubmit Services or any network connected to the AbcSubmit Services;
15. upload to the AbcSubmit Services and/or User Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
16. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the AbcSubmit Services or AbcSubmit’s systems or networks connected to the AbcSubmit Services, or otherwise interfere with or disrupt the operation of any of the AbcSubmit Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
17. use any of the AbcSubmit Services and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
18. access to AbcSubmit Services, User Accounts, Licensed Content and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.
19. sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or AbcSubmit Services, except as expressly permitted by the AbcSubmit Terms;
20. remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the AbcSubmit Services and/or Licensed Content; or
21. violate, attempt to violate, or otherwise fail to comply with any of the AbcSubmit Terms or any laws or requirements applicable to your use of the AbcSubmit Services.
22. access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.

Among others, you may not copy our materials, use any content in an illegal or harmful manner, use our services or content on any platform or website not provided by us, make any misrepresentations or abuse our Services, or otherwise violate anyone’s rights or any applicable laws.

Failure to abide by any of these rules may bring us to cancel your account and stop providing you with any services.

Subject to your full compliance with the AbcSubmit Terms and timely payment of all applicable Fees, AbcSubmit hereby grants you, upon creating your User Account and for as long as AbcSubmit wishes to provide you with the AbcSubmit Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the AbcSubmit Services and Licensed Content, for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the AbcSubmit Terms, and solely within the AbcSubmit Services.

The AbcSubmit Terms do not convey any right or interest in or to AbcSubmit’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the AbcSubmit Terms constitutes an assignment or waiver of AbcSubmit’s Intellectual Property rights under any law.

You may use our services and content so long as you fully comply with these terms and ensure full and timely payments.

AbcSubmit reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, AbcSubmit shall have the right to automatically and without notice renew your subscription to such AbcSubmit Service(s) at the full applicable Fee.

All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by AbcSubmit. To the extent permitted by law (and unless specified otherwise by AbcSubmit in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the AbcSubmit Services, or to any payments or purchases made by you. If AbcSubmit is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). AbcSubmit is not responsible for any such additional fees or costs.

As part of registering or submitting information to receive Paid Services, you also authorize AbcSubmit (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries AbcSubmit or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).

Our prices are stated in U.S. Dollars and before taxes, unless otherwise said.

If needed, we or our affiliates may request and collect payments and related information from the relevant payment providers and banks.

For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Accordingly, where applicable, AbcSubmit will attempt to automatically charge you the applicable Fees using the payment method you have on file with AbcSubmit, within two (2) weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice. If your Paid Service is subject to a yearly or multiple-year subscription period, AbcSubmit will endeavor to provide you a notice prior to the renewal of such Paid Service at least thirty (30) days in advance of the renewal date.

You may turn-off the auto-renewal option or cancel your Paid Services at any time via your User Account by migrating to a Free paid plan.

Certain domains are subject to a different renewal policy as detailed in the Domains Registration Agreement. Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of the AbcSubmit Services you use (whether or not such AbcSubmit Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any AbcSubmit Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any AbcSubmit Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against AbcSubmit in relation to the discontinuation of any AbcSubmit Services or Third Party Services, for whatever reason.

Some services whether on purpose or mistake may not automatically renew. You should make sure that your subscriptions are renewed in time.

Please note: Certain services purchased on or through the AbcSubmit Services may be non-refundable. These include Third Party Services such as domains, business tools and applications. The terms of each purchased service or application are indicated on the AbcSubmit Website and/or as part of or during the process of purchasing such services or applications. It is your obligation to verify your ability to cancel a service prior to purchasing it. AbcSubmit will not refund any amounts paid for non-refundable Paid Services, applications or Third Party Services.

Please carefully check the terms of each service before buying, since some services are non-refundable.

In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications and Third Party Services may be subject to cancellation and Capacity Loss (as defined in Section 6.3 below).

Your use of the AbcSubmit Services will not resume until you re-subscribe for any such AbcSubmit Services, and pay any applicable Fees in full, including any fees and expenses incurred by AbcSubmit and/or any Third Party Services for each Chargeback received (including Fees for AbcSubmit Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).

If you have any questions or concerns regarding a payment made to AbcSubmit, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the AbcSubmit Services from being cancelled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the AbcSubmit Services purchased (and charged-back) by you.

We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.

Please contact our Customer Support team before filing a chargeback. You will be responsible for any incorrect fees, losses and expenses that follow.

Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.

For more information about cancelling your Paid Services, please contact AbcSubmit Support team.

You are solely responsible for your User Products and E-Commerce related activities, and any promotions and related Content contained or referred to in your User Platform, and compliance with any laws applicable thereto. We are merely providing the platform for you to manage your online E-Commerce activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your User Products. When someone purchases your User Products, such transaction’s payments will be processed through such third party payment service providers with which you decided to register and set up an account (“E-Commerce Service Provider(s)”), in accordance with such E-commerce Service Provider’s terms of service and other applicable policies. We are neither a party to nor are responsible in any way for your relationship with any such E-Commerce Service Providers, or for the actions of any of these E-Commerce Service Providers.

By using any of our E-Commerce features, you acknowledge, warrant and agree that:

1. You shall be solely and fully responsible for all Taxes and fees of any nature associated with your E-Commerce activities, including any Taxes related to the purchase or sale of the User Products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your End Users of such and provide them with a duly issued invoice as required by law;
2. Any Taxes indicated by the E-Commerce features provided to you by AbcSubmit are solely provided for illustration purposes only, and may not be relied on in any way;
3. You shall be responsible for and bear all costs of procuring and delivering your User Products, and for providing them in a safe and professional manner, consistent with industry standards;
4. You are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding the User Products, and shall provide true contact information on your User Platform for any questions, complaints or claims; and
5. You may not offer or sell any User Products, or provide any information, Content or material regarding User Products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export; and –
6. AbcSubmit may, at any time and at its sole discretion, suspend, disable access to or remove your User Platform and/or any User Products – whether or not incorporated, published with or made a part of your User Platform at such time, without any liability to you or to any End Users, including for any Capacity Loss resulted therefrom.

You are responsible for all your sales activities, including your relationships with customers and any payment service providers.

You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled or integrated within certain AbcSubmit Services, offered separately by AbcSubmit or persons certified or authorized by AbcSubmit, or otherwise offered anywhere on the AbcSubmit Services), AbcSubmit merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. AbcSubmit will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third party Services.

You acknowledge that such services may require the payment of additional amounts to AbcSubmit and/or to the providers of such Third-Party Services.

Any and all use of such Third Party Services shall be done solely at your own risk and responsibility, and may be subject to such legal and financial terms which govern such Third Party Services, which you are encouraged to review before engaging with them.

While we hope to avoid such instances, AbcSubmit may, at any time and at its sole discretion, suspend, disable access to or remove from your User Account, User Platform(s) and/or the AbcSubmit Services, any Third Party Services – whether or not incorporated with or made part of your User Account and/or User Platform(s) at such time – without any liability to you or to any End Users.

Since we only act as an intermediary platform between you and such parties, only you will be responsible for your engagements with them.

We can remove services at any time, which may affect your website, user account or overall experience.

If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the AbcSubmit Services, please immediately report such User and/or Third Party Service to us via our abuse form. You agree that your report shall not impose any responsibility or liability upon AbcSubmit, and that AbcSubmit may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.

(1) the contact details of the person authorized to act on behalf of the owner of the copyright;

(2) a description of the copyrighted work that you claim has been infringed;

(3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit AbcSubmit to locate the material (including URL address);

(4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

In the event that AbcSubmit receives notice regarding a copyright infringement related to your User Platform or User Website, it may cancel your User Account, take your User Platform down or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may file a proper counter-notice in accordance with Section 512 of the DMCA, in which you must include:

(1) your full name, address, phone number and physical or electronic signature;

(2) identification of the material and its location before removal;

(3) a statement under penalty of perjury that the material was removed by mistake or misidentification;

(4) your consent to an appropriate judicial body; and

(5) any other information required under the relevant provisions of the DMCA. Any notices filed pursuant to this Section 9 may be deemed accepted, applicable and compliant with the DMCA, or not, at AbcSubmit’s sole reasonable discretion. AbcSubmit reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.

If your copyrighted works were used inappropriately by any of our users – please let us know and provide us with all the necessary information, and we will take care of it in accordance with the DMCA.

If we receive a copyright infringement notice regarding your website or content, we may remove or cancel your website and account.

AbcSubmit may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice.

Notwithstanding anything to the contrary in the foregoing, in no circumstances may AbcSubmit be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the AbcSubmit Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, AbcSubmit shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.

You acknowledge that there are risks in using the AbcSubmit Services and/or connecting and/or dealing with any Third Party Services through or in connection with AbcSubmit Services, and that AbcSubmit cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.

AbcSubmit does not recommend the use of the AbcSubmit Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.

Please note that certain AbcSubmit Services are currently offered in their BETA version, and undergoing BETA testing. You understand and agree that certain AbcSubmit Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the AbcSubmit Services at this BETA stage signifies your agreement to participate in such AbcSubmit Services’ BETA testing.

We may monitor and edit your website and content.

However, we are not to be considered a “publisher” of your content, we do not endorse your content, and will not be liable for any content used by you or anyone else.

There are risks in using our services or anyone else’s services. You accept such risks.

Some of our services are still in BETA, and may contain bugs or experience interruptions.

(1) errors, mistakes, or inaccuracies of or in any content;

(2) any personal injury or property damage related to your use of the AbcSubmit Services;

(3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein;

(4) any interruption or cessation of transmission to or from the AbcSubmit Services;

(5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the AbcSubmit Services;

(6) events beyond the reasonable control of AbcSubmit, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or

(7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of AbcSubmit Services.

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for AbcSubmit’s services to you, and such limitations will apply even if AbcSubmit has been advised of the possibility of such liabilities.

(1) your violation of any term of these Terms of Use or any other AbcSubmit Terms;

(2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the AbcSubmit Services, including, without limitation, AbcSubmit Services’ actions for your benefit; and/or

(3) any other type of claim that your User Platform and/or User Content caused damage to a third party.

You agree that AbcSubmit will not be liable to you or to any third party for any modification, suspension or discontinuance of those AbcSubmit Services.

If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current AbcSubmit Services without enabling such changes, or provide you with alternative Services.

Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Timiș, România. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

Subject to any applicable law, all disputes between you and AbcSubmit shall only be resolved on an individual basis and you shall not have the right to bring any claim against AbcSubmit as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).

Notwithstanding anything to the contrary in this Section 13.2, if you are located in the United States of America,

(i) the legal jurisdiction governing all aspects of the payment transaction contemplated by Section 5 between you and AbcSubmit will be the state of Timiș, România, without respect to its conflict of laws principles, and

(ii) any and all claims and disputes related to such payment transaction contemplated by Section 5 shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Timiș, România.

Any disputes between us may only be brought before the courts of Timiș / România.

(1) via the AbcSubmit Services, including by a banner or pop-up within the AbcSubmit Website, User Account or elsewhere;

(2) by e-mail, sent to the e-mail address you provided us; and/or

(3) through any other means, including any phone number or physical address you provided us. AbcSubmit’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.

These Terms of Use were written in English, and might be translated into other languages for your convenience. You may access and view other language versions by changing your AbcSubmit Website language settings. If a translated (non-English) version of these Terms of Use conflicts in any way with their English version, the provisions of the English version shall prevail.

Translated (non-English) versions of these terms are provided for convenience only.

1. Go to AbcSubmit Help Center which is available at: //www.abcsubmit.com/site/contact-us
2. Send an email message to: support@abcsubmit.com