Effective Date: November 01, 2021.

OVERVIEW

WebRiver.media, WebRiver.hosting and WebTools.gr are owned and operated by Ioannis Tsimpidis – WebRiver Media, from now on referred as WebRiver Media, a business existing under the laws of Greece. WebRiver Media offers its services, including all information, and tools provided to you, through our online platform and our websites. All users are conditioned upon acceptance of our terms, conditions, policies and notices stated here.

By using our platform and/or subscribing to our plans, you engage in our “Service” and agree to be bound by the following terms and conditions ( our “Terms”), in addition to other terms and conditions and policies referenced herein and/or available by hyperlink. These Terms are applicable to all users of the site which includes without limitation users who are browsing the app, customers, vendors, merchants, and/ or contributors of content.

Please read these Terms and Conditions carefully before accessing or using our website. By further access or use of any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you are not allowed to access the website or use any of our services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

Any new or updated features or tools which are added to the current website shall also be subject to this Terms and Conditions. We urge users to review the most current version of the Terms and Conditions any time they visit this website. WebRiver Media reserve the right to update, modify or change any part of these Terms and Conditions by posting updates and/or changes to our website. It is the responsibility of each user of our website to check this page periodically for such changes. Your further use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Definitions

1. The phrases “our platform”, “this platform”, “our website”, or “this website” refers to WebRiver.media, which includes: the domains Webriver.hosting and WebTools.gr, all pages, sub-pages, sub-domains, and any associated web-based application (collectively, “Website”) owned and operated by WebRiver Media.
2. The terms “we”, “us”, “our”, “WebRiver”, “WebRiver Hosting”, “WebTools”, “WebRiver Website Maintenance”, and “Website Maintenance” shall be used interchangeably and shall refer to WebRiver Media, a Sole Proprietorship Company based in Greece, its owners, its affiliates and/or OUR subsidiaries and any person or entities associated with WebRiver Media.
3. A “Visitor” is someone who merely browses this website, but has not registered as a member.
4. A “Client” or “member” is an individual that has registered with us to make use of our services.
5. “Service” or “Services” represents the collective features and functionality as offered to our members through our website.
6. A “User” or “Users” is a collective identifier that refers to either a Member or Visitor.
7. All text, information, graphics, audio, video, and data offered through this website are collectively known as “Content”.

Legal Compliance

By using our website, you agree to comply with all applicable local and international laws, statutes, ordinances, and regulations. WebRiver Media reserves the right to investigate reported violations of any of our operational Terms and to take necessary action we deem appropriate, including but not limited to canceling your membership account, reporting any suspected illicit activity to law enforcement bodies, regulators, or other third parties. 

Accounts and Passwords

Before creating an account with us, you affirm that you are 18 years of age or older.

You may sign up an account to use or access certain features of the our Services. During the account sign up process, you will be asked to select a unique password. You are solely responsible for the safety and protection of your password, as applicable, and are liable for any misconduct undertaken through your account. By logging into your account with us, you represent and warrant that: (a) you are the customer who registered to use our services; and (b) that you are using the our Services only for permitted purposes. You agree you will immediately notify us by providing notice of any unauthorized use of your password or account or any other breach of security. 

You agree to log out from your account at the end of each session. If you create an account, you represent and warrant that: (i) you will not select or utilize a username of another person with intent to impersonate that person; (ii) you will not select or utilize a username in which another person has rights, if you do not have that person’s authorization to use such name; and (iii) you will not select or utilize a username that WebRiver Media in its sole discretion deems offensive.

WebRiver Media reserves the right, in its sole discretion, immediately and without notice, to suspend or terminate your account or your ability to access WebRiver Media Services for any reason, including, without limitation, any breach of these Terms by you.

Intellectual Property

All contents and information listed on this website, including but not limited to, any text in whatever format, software, images, graphics, video, sounds, audiovisual combination, interactive features, patents, any form of trademarks, service marks and/or logos contained therein, and any other form or type of material you may contribute to, or viewed on this website are the exclusive property of or licensed to WebRiver Media, subject to intellectual property rights, trademarks, and copyright legal sanctity under Greece laws, foreign laws, and international conventions.

The conditions attached herewith entails that no materials, content or information from this website may be lifted or copied, republished or reproduced, posted or uploaded, distributed or transmitted, in any way or under any circumstances without written or express permission of the rights owner. By using this website, you undertake not to in any manner, circumvent, frustrate, disable, destroy, or otherwise interfere with security designated features of this website or features that restrict or prevent use or copying of any content or material information.

Payments, Refunds, Plans, and Plan Modifications

In order to make a purchase through our website, you must be 18 or older and have a valid credit card or other acceptable electronic payment method.

A valid credit card is required to use the service. Our services are subcription based and are billed in advance either monthly or yearly.

Refunds may be issued only during the first thirty (30) days of the subscription plans for yearly subscription, and only during the first seven (7) days of the subscription plans for monthly subcription.

If you wish to upgrade your plan, you will be billed on a prorated basis for the remainder of your billing cycle. Services are also prorated for the remainder of your billing cycle. At the start of the next billing cycle, you will be billed at the new (upgraded) plan rate.

If you wish to downgrade your plan, your plan downgrade request will only be made effective at the start of your next billing cycle. Downgrades are not prorated. 

If you wish to cancel your plan, your plan cancellation will effectived at the end of the current billing cycle. Cancellations are not prorated.

Cancellation and Termination of the Service

WebRiver Media has the right to suspend or terminate your account and refuse any and all current or further use of our service, or any other service, for any reason at any time.

If you cancel your subscription before the end of the billing cycle, your subscribed service will continue until the end of the current billing cycle, you will not be charged again. You have the right to cancel your account at any time.

If you decide to discontinue or terminate your subscribed service, you have fourteen (14) days after the end of the billing cycle to request your content which are stored on our server. We will export your content to you, as requested. However, we will not transfer your website hosted of our server to another web host or content management company. Please note that all your contents will be deleted once the fourteen (14) days content request period elapses and we won’t be liable for any data loss upon such deletion.

If you cancel your subscription with us, you may not be eligible to repurchase or reactivate any maintenance services for the cancelled website (your website) for a period of 6 months, unless you pay a one time “account reactivation fee” of $100. This is due to the high cost of setting up and establishing maintenance services and/or hosting for any particular website.

Changes to Services and Prices

WebRiver Media reserves the right at any time to modify or discontinue the service (or any part thereof) temporarily or permanently with or without notice. Prices of our services, which includes but not limited to monthly/yearly subscription plan fees to the service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes on our website and/or emailing you.

Privacy Policy

You agree that you have read, understood and agree with our Privacy Policy.

Right to Refuse Service

WebRiver Media reserves the right to refuse to do business with you for any reason. We have the right to terminate your services partially or in full and give you any applicable refunds, at any time and for any reason.

Operating Hours and Vacation Policies

WebRiver Media’s standard operating hours are from 10am-4pm (CET), Monday through Friday.

WebRiver Media’s staff may, on occasion, attend company-wide vacations or outings. During this time, our offices may be closed or response to your requests may be delayed. If this effects the SLA (Service Level Agreement) for your plan and at our discretion, you may be eligible for a prorated, partial refund for the days in which our offices were closed. You must request a partial refund.

Non-payment for hourly or project based work

In the event that you agree to have WebRiver Media perform project or hourly based work on your website, and then fail to pay any balance for completed work within fourteen (14) days of completion, We reserve the right to disable your website until payment is made in full.

Server Abuse

WebRiver Media  strictly prohibits any attempt to undermine or cause harm to a server or our customers. 

We will strongly react to any use or attempted use of a member’s account or computer without the owner’s authorization or such use by the original owner . Such attempts include “Internet scamming” or “phishing” (tricking other people into releasing their passwords), password theft, security hole scanning, etc.

Any prohibited use of accounts or computers by you, whether or not the attacked account or computer belongs to WebRiver Media, will result in action against you. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action or pursuit of compensation, depending on the seriousness of the attack.

WebRiver Media reserve the right to discontinue service, or deny access to anyone who violates our policies or this terms and conditions without warning or prior notice. In such case, no refunds of fees paid will be made if account termination is due to violation of the terms outlined in our Terms of Service.

You may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by WebRiver Media to be unacceptable use of our services including abuse of server resources.

All web applications that are out-of-date and actively being exploited with be shut down immediately WITHOUT PRIOR NOTICE. You are solely responsible for and should evaluate your web-based applications and/or script on a regular basis to ensure their security and orderliness.

Your account with WebRiver Media may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.

Storage Space Abuse

We will not tolerate any form of storage space abuse. At least 90% of your web pages (“HTML”) must be ‘linked’ with files (GIF, JPEG, etc.) stored on WebRiver Media servers. Websites that are found to contain either/or no HTML documents, a large number of unlinked files are subject to files deletion or account cancelation at the discretion of WebRiver Media Management (“MANAGEMENT”), with or without prior notice.

WebRiver Media is the sole arbiter as to what constitutes a violation of these provisions.

Unsolicited Email and Spamming

Unsolicited commercial advertisements (“SPAM”) are not allowed in e-mail, and will likely result in account cancelation.

The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers – any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (“mail bombing”); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.

NOTE – If you use the services of another provider to promote a website hosted by or through WebRiver Media (“spamvertising”), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.

99,99% Uptime Guarantee

1. Coverage – This 99,99% uptime guarantee applies to any Customer in good financial standing with WebRiver Media at the time of a service outage.
2. Service Level Agreement (“SLA”) & specifications – WebRiver Media endeavors to have the content of your website available for http/https access by any party in the world 99,99% of the time. Network downtime (“unavailability”) is defined as 100% packet loss from WebRiver Media server to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via our online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling WebRiver Media. Our administrators will determine the end of the downtime by a traceroute to your machine from outside the network.
3. Restrictions
   • Outages won’t be considered as downtime in the event that you have any outage resulting from:
     • scheduled maintenance as posted from time to time;
     • outages incurred by our upstream provider;
     • your behavior or the performance or failure of your equipment, facilities or applications;
     • circumstances beyond our reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your website;
     • you breaking any agreement policy in our “Terms of Service”; and
     • causing a server to fail as a result.

Network Security

Customers may not use the WebRiver Media’s network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into a server or account You are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. You may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. We will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. USERS who violate system or network security may incur criminal or civil liability.

Electronic Commerce

You are responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your website. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.

Static and Dynamic Content Caching

You expressly grant to WebRiver Media a license to cache the entirety of your website, including content supplied by third parties, hosted by WebRiver Media under this Agreement, and agree that such caching is not an infringement of any of your intellectual property rights or any third party’s intellectual property rights.

IP Address Ownership

WebRiver Media shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by us.  WebRiver Media reserve, at its sole discretion, the right to change or remove any and all such IP numbers and addresses.

Technology Support Boundaries

WebRiver Media provide technical support for you that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our servers, and servers within our immediate responsibility and any other hosting related issues.

However, in under no circumstances will WebRiver Media obligated to help you in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have unexpectedly stopped working as expected. If any issues experienced are due to our server limitations, we will correct them; otherwise, these technical support issues fall under paid maintenance service.

Third-Party Links

Third-party links on our website may redirect you to third-party websites that are not affiliated with us. WebRiver Media are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not be held liable or responsible for any third-party materials or websites, or for any other materials, products, or services of third-parties.

WebRiver Media are not liable for any harm or damages incurred by purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Kindly review carefully such third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party provider.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

WebRiver Media does not guarantee, represent or warrant that your use of its service will be uninterrupted, timely, secure, or error-free.

WebRiver Media gives no guarantee on the accuracy of results from the use of our services.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk.

The services delivered to you through the website are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall WebRiver Media, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the app, or for any other claim related in any way to your use of the service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless WebRiver Media and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Condition or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

Governing Law

Our legal terms shall be treated as though it were executed and performed in Greece and shall be governed by and construed in accordance with the laws of Greece, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. 

CHANGES TO TERMS AND CONDITIONS

You can review the most current version of the Terms and Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our app. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms and Conditions should be sent to us at: legal@webriver.media