Terms of Service


The Summary:

We (the people at RestaurantOnWeb.com LLC) run a Software as a Service (SaaS) called RestaurantOnWeb.com and would love for you to use it. Our basic service starts from $49, and we offer more exclusive upgrades for advanced features such as Online Ordering, Coupon Codes Integration, Table Reservation, Separate Login for all Customers and Employees, Multi-Outlets Integration and much more. Our service is designed to give you as much control and ownership over what goes on your site as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your site or get linked to from your site (things like spam, viruses, adult-oriented or hate content).

If you find a RestaurantOnWeb.com site that you believe violates our terms of service, please visit our dispute resolution & reporting page.

Terms of Service:

The following terms and conditions govern use of all RestaurantOnWeb.com websites and all content, services and products available at or through the websites, including, but not limited to, RestaurantOnWeb.com Website Builder Service(the Website). The Website is owned and operated by RestaurantOnWeb.com LLC (“RestaurantOnWeb”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, RestaurantOnWeb’s Privacy Policy) and procedures that may be published from time to time on this Site by RestaurantOnWeb.com (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by RestaurantOnWeb, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 14 years old.

    1. Your RestaurantOnWeb.com Account (Site) and Website. If you create a site on the Website, you are responsible for maintaining the security of your account and site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must not describe or assign keywords to your site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and RestaurantOnWeb.com may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause RestaurantOnWeb.com liability. You must immediately notify RestaurantOnWeb.com of any unauthorized uses of your site, your account or any other breaches of security. RestaurantOnWeb.com will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.  
    2. Responsibility of Contributors. If you operate a site, comment on a site, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

      • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
      • if your employer has rights to intellectual property you create, you have either
        1. received permission from your employer to post or make available the Content, including but not limited to any software, or
        2. secured from your employer a waiver as to all rights in or to the Content;
      • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
      • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
      • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
      • the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
      • your site is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other sites and web sites, and similar unsolicited promotional methods;
      • your site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your site’s URL or name is not the name of a person other than yourself or company other than your own; and
      • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by RestaurantOnWeb.com or otherwise.
      By submitting Content to RestaurantOnWeb.com for inclusion on your Website, you grant RestaurantOnWeb.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your site. If you delete Content, RestaurantOnWeb.com will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.Without limiting any of those representations or warranties, RestaurantOnWeb.com has the right (though not the obligation) to, in RestaurantOnWeb’s sole discretion
      1. refuse or remove any content that, in RestaurantOnWeb’s reasonable opinion, violates any RestaurantOnWeb.com policy or is in any way harmful or objectionable, or
      2. terminate or deny access to and use of the Website to any individual or entity for any reason, in RestaurantOnWeb’s sole discretion. RestaurantOnWeb.com will have no obligation to provide a refund of any amounts previously paid.
       
    3. Payment and Renewal.
      • General Terms.
        Premium services such as Online Ordering, Coupon Codes System, Table Reservation, Separate Login for all Customers and Employees, Multi-Outlets Integration, or domain purchases are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay RestaurantOnWeb.com the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly/quarterly/bi-annual, annual or triennial subscription period as indicated. Upgrade fees are not refundable.
      • Automatic Renewal.
        The subscriptions will be renewed only if the pre-payment is received against your RestaurantOnWeb.com account before the end of applicable subscription period. Upgrades can be canceled at any time in the Upgrades section of your site’s dashboard.
       
    4. Responsibility of Website Visitors. RestaurantOnWeb.com has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, RestaurantOnWeb.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. RestaurantOnWeb.com disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.  
    5. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which RestaurantOnWeb.com links, and that link to RestaurantOnWeb.com. RestaurantOnWeb.com does not have any control over those non-RestaurantOnWeb.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-RestaurantOnWeb.com website or webpage, RestaurantOnWeb.com does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. RestaurantOnWeb.com disclaims any responsibility for any harm resulting from your use of non-RestaurantOnWeb.com websites and webpages.  
    6. Copyright Infringement and DMCA Policy. As RestaurantOnWeb.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by RestaurantOnWeb.com violates your copyright, you are encouraged to notify RestaurantOnWeb.com. RestaurantOnWeb.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. RestaurantOnWeb.com will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of RestaurantOnWeb.com or others. In the case of such termination, RestaurantOnWeb.com will have no obligation to provide a refund of any amounts previously paid to RestaurantOnWeb.  
    7. Intellectual Property. This Agreement does not transfer from RestaurantOnWeb.com to you any RestaurantOnWeb.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with RestaurantOnWeb. RestaurantOnWeb, RestaurantOnWeb.com, the RestaurantOnWeb.com logo, and all other trademarks, service marks, graphics and logos used in connection with RestaurantOnWeb.com, or the Website are trademarks or registered trademarks of RestaurantOnWeb.com or RestaurantOnWeb’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any RestaurantOnWeb.com or third-party trademarks.  
    8. Liability. By accessing the Website you agree that the Website will not be held liable for any direct, indirect or consequential loss arising from the use of the information and material contained in this website or from your access of other material on the internet via web links from this website. The Website cannot accept responsibility to the maximum extent permitted by law, for any viruses or similar destructive programmes, disruption, damage and/or loss to your data or computer system that may occur while using this website or any item downloaded from this website. It is your sole responsibility to scan what you chose to download from this website to ensure that it is free from viruses, worms, Trojan horses and other similar destructive code.  
    9. Advertisements. RestaurantOnWeb.com does not display advertisements on your site.  
    10. Attribution. RestaurantOnWeb.com can display attribution links such as ‘site at RestaurantOnWeb.com’ in your site footer, which may be altered or removed as per your own decision.  
    11. Service Uptime. RestaurantOnWeb.com will make reasonable efforts to ensure that the Site and Services are available consistently 24x7. However, there may be times when the Site and/or Services will be disrupted due to software maintenance, system upgrades and emergency repairs or due to malicious attacks or the failure of telecommunications equipment and links. RestaurantOnWeb.com will take every reasonable step to minimize the length of any such interruption where it is within RestaurantOnWeb.com’s reasonable control.  
    12. Allocated Bandwidth. RestaurantOnWeb.com does not set any limits on the amount of storage or web traffic that your web site receives nor does RestaurantOnWeb.com charge additional fees based on increased use of bandwidth, as long as your use of the Service complies with these Terms. However RestaurantOnWeb.com retains the right to create limits on bandwidth and storage in its sole discretion at any time with or without notice. Generally, your web site will be able to handle as much traffic as any regional restaurant/bar can legitimately acquire. RestaurantOnWeb.com reserves the right to temporarily or permanently limit access to your site in situations where it becomes necessary to prevent a negative impact on other users.  
    13. Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.  
    14. Changes. RestaurantOnWeb.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. RestaurantOnWeb.com may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

    15. Cancellation and Termination. RestaurantOnWeb.com may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your RestaurantOnWeb.com account, you are solely responsible for properly canceling your account. An email or phone request does not constitute an account cancellation. In order to cancel your RestaurantOnWeb.com subscription you must ask us to do so. Canceling your Service may result in the immediate deletion of your Content. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.  
    16. Fees and Refunds. RestaurantOnWeb.com subscriptions are billed on monthly/quarterly/bi-annual, annual or triennial basis and are non-refundable. Prior to signing up for an account, we HIGHLY recommend that you know complete details about the Service first. Pricing of all Services is subject to change upon 30 days notice from RestaurantOnWeb.com. Such notice may come either in the form of an email or through a general posting on RestaurantOnWeb.com. You authorize RestaurantOnWeb.com directly or through third parties, to make any inquiries it considers necessary to validate your account, identity and financial information. Your credit card may be billed immediately for the first month when you upgrade from a free account. The recurring monthly payments will occur on the same day of the month as your signup day for the duration of your subscription. Each website you create will be billed separately and may be billed in different cycles. In the event that you sign up for your subscription on a day that does not exist during certain months of the year (such as the 30th or 31st day), you will be billed on the last day of those months. RestaurantOnWeb.com fees are exclusive of any taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, with the exception of only federal or state taxes in the United States. Downgrading your Site/Service will not cause the loss of site content, so that you can upgrade anytime without any type data loss. RestaurantOnWeb.com accepts the liability for such loss. RestaurantOnWeb.com does not pro-rate subscriptions and no refund will be granted for days remaining in a billing cycle following cancelation. In the event that we are not able to process your subscription payment, we reserve the right to downgrade your website or suspend temporarily.  
    17. General Representation and Warranty. You represent and warrant that
      1. your use of the Website will be in strict accordance with the RestaurantOnWeb.com Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and
      2. your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

 

  1. Indemnification. You agree to indemnify and hold harmless RestaurantOnWeb.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.  
  2. Miscellaneous. This Agreement constitutes the entire agreement between RestaurantOnWeb.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of RestaurantOnWeb, or by the posting by RestaurantOnWeb.com of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; RestaurantOnWeb.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

 

If you have any problem related to your RestaurantOnweb.com account, please email us at support@restaurantonweb.com or leave a message.