About Us and These Terms
- Hi and welcome to Envato Hosted! We’re happy to have you here and we hope you enjoy your stay. In these terms, when we say Envato, we or us, we mean Envato Hosted Pty Ltd (ABN 55 613 138 417).
- These terms, together with our Acceptable Use Policy, govern your use of Envato Hosted and form a binding agreement between us. If you don’t accept these terms, then we’re sorry but you must not use Envato Hosted.
- In order to sign-in to Envato Hosted you must first have an Envato Account. If you don’t have an Envato Account, you can create one here.
- You need to be 16 years or over to browse Envato Hosted. We don’t knowingly collect any information from anyone aged 16 or under. When browsing Envato Hosted you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of Envato Sites whether or not you’re a subscriber.
- You need to be 18 years or over to register. If you’re under 18 you will need to use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.
Hosted Theme Packages
- If you have chosen to purchase a WordPress theme bundled with installation and hosting services through ThemeForest (Hosted Theme Package), then read on, as this section applies to you.
- What you get with a Hosted Theme Package is:
- installation and hosting services for your website provided by us;
- technical support for the theme and hosting provided by us;
- the right to use the theme in the website hosted by us as part of your Hosted Theme Package; and
- the right to export your website outside of Envato Hosted (and to have it hosted by another hosting provider) once your Envato Hosted subscription ends, but only if you have maintained your Envato Hosted subscription for the minimum subscription period that applied at the time of your purchase (see this article for more details on the Envato Hosted offering, including the current minimum subscription period). (We will make the files for the theme available to you in your downloads page on Envato Market once you have met the applicable minimum subscription period).
- If you have chosen to purchase standalone hosting, then you will get hosting services and support for your website provided by us for the duration of your Envato Hosted subscription.
- If you have an existing domain name, then you can point your website (as hosted by us) to the domain name.
- If you don’t have an existing domain name for your website, then you can purchase a new domain name through Envato Hosted. We use a third party (https://opensrs.com/) to process domain name applications, and by submitting a domain name registration request on the Envato Hosted site, you consent to us providing that company with your name, email address and other relevant information for that purpose. Once your domain name has been registered, this information will be publicly available on the WHOIS database and you will not have the option to mask your identity or conceal this information from a WHOIS lookup. You are responsible for maintaining your domain name. Your website may become inaccessible to users if you let your domain name expire or if the registrar cancels it for any reason.
- There are multiple payment methods available to you. See the Envato Hosted payments page for more information.
- All payments are are made upfront and in advance of the relevant billing cycle you choose (eg, monthly or yearly).
- We will provide you with a billing statement for the upcoming billing cycle setting out the amount due and the date on which payment will be processed.
- Payments will be processed automatically via the payment method you have chosen. If we cannot process your payment for any reason due to you, and you do not rectify non-payment within any period notified by us, then we may suspend access to your website (as hosted by us).
- We may cancel your hosting and permanently disable access to your website (as hosted by us) if any payment has been outstanding for more than 30 days.
- We do not generally offer a refund on subscription fees unless we have made changes to these terms that materially affect you to your detriment, or as required under Australian consumer law or other relevant consumer protection laws. If you would like to request a refund, you can raise the request through your Envato Hosted Account. We will assess refund requests on their merits. There is generally no obligation to provide a refund in situations like the following:
- you have changed your mind about your subscription;
- you did not cancel your subscription in time;
- you cannot access your website (as hosted by us) because you have failed to renew your domain name;
- we have suspended access to your website (as hosted by us) where we have the right to do so.
- If we decide to issue a refund or credit, this will generally be done using the same manner used to make the purchase. All refunds will be made in US dollars.
Ownership of IP
- We, or our partners, own the following (our IP):
- The copyright subsisting in any theme you purchase as part of a Hosted Theme Package;
- the copyright subsisting in the code in the underlying system that runs the Envato Hosted site, the content published on the Envato Hosted site, as well as the the design, layout, compilation and look and feel of the Envato Hosted site; and
- all trademarks used in connection with Envato Hosted.
- You may not copy, distribute, modify, publish or make derivative works of any of our IP in any way not expressly authorised by these terms.
- We may provide access to additional third party software like the Wordpress publishing platform. We do not provide any product support for third party software, nor do we make any warranties, express or implied, regarding third party software. You agree that any use of third party software is at your risk and subject to the terms applicable to that third party software.
Your content and website
- In this section, your content means all content (such as words, videos, music or pictures) that you create, upload or make public to your website (as hosted by us).
- You warrant that:
- you own or have the right to publish your content (and you agree that we are not the publisher of your content);
- your content will not breach any applicable laws;
- you will comply with our Acceptable Use Policy at all times in relation to your content and website.
- You agree that we may remove or disable access to any of your content for any reason at our discretion. This might be because:
- we receive a copyright takedown notice or other complaint about your content or website; or
- we are of the view that your content or website breaches our Acceptable Use Policy or is otherwise unsuitable for hosting by us.
This decision may also apply to all of your Envato accounts you use on other Envato sites.
- You are responsible for maintaining your own backups of your content. We do not provide backup services and we exclude liability for any lost content.
- You are solely responsible for any activity that occurs on your website including your relationship with your own customers, e-commerce aactivities and compliance with applicable laws.
- Envato Hosted is an ongoing recurring service that will remain active until you cancel your subscription by completing the cancellation form available within your Envato Hosted control panel.
- Cancellation requests must be submitted at least 1 business day prior to a billing cycle to avoid the fees for that billing cycle. To be clear, you will be charged for a billing cycle unless your cancellation request is received by us at least 1 day before that billing cycle is due to start.
- We may cancel your hosting service if you breach any of these terms (including if any payment has been outstanding for more than 30 days). This decision may also apply to all of your Envato accounts you use on other Envato sites.
- Once your hosting service has been cancelled, we will take steps to securely remove all content and data stored within your hosted website [within 30 days]. We have no responsibility for providing you with access to your content once your Envato Hosted subscription has been cancelled, and you should take steps to backup your content before you submit a cancellation request.
Liability and indemnity
- You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to your use of Envato Hosted (including any claim against us relating to your content).
- Envato Hosted and any theme purchased by you as part of a Hosted Theme Package are made available to you on an “AS IS” basis. Subject to clause 38, we disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability and fitness for a particular purpose.
- Our liability to you in connection with Envato Hosted, your Hosted Theme Package or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
- we exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense; and
- our total aggregate liability to you is otherwise limited to the total amounts paid by you to us for your Envato Hosted subscription in the 6 months immediately preceding the date on which the claim giving rise to the before liability arose.
- If an indemnity, limitation or disclaimer of liability, warrant or release (a 'benefit') is given in our favour in these terms, we hold that benefit on trust for the other Envato companies. We may enforce that benefit as trustee for and on behalf of the other Envato companies as beneficiaries under that trust.
- Account information: You warrant that information you give us is true, accurate and complete and that you will keep your login information up-to-date (including a working email address). Your login is not transferable. You are responsible for any use of Envato Hosted that occurs in conjunction with your login details. Please let us know immediately if you become aware that there has been any unauthorized use of your login details. You must not use a virtual private network or VPN or any other means to avoid compliance with these terms and conditions, or for any fraudulent or illegal reasons.
- Taxes:Any fees for Envato Hosted will be exclusive of transactional taxes where relevant (like sales tax, VAT and GST). You will be responsible for paying all fees and taxes associated with your use of Envato Hosted wherever levied (including withholding tax, if applicable). We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes).
- Security: We value your information and take reasonable precautions to protect it.
- Acceptance on behalf of someone else: If you’re agreeing to these terms on behalf of someone else (like your employer), then you’re promising to us that you have full legal authority to bind that third party. Remember that only real persons can subscribe to Envato Hosted.
- Consumer laws: In some places there may be non-excludable warranties, guarantees or other rights ('non-excludable consumer guarantees'). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we and Envato Hosted Contributors are bound only by the express warranties made in these terms. Our and each Envato Hosted Contributor's liability for breach of a non-excludable consumer guarantee is limited, at our or the Envato Hosted Contributor's option, to replacing or paying the cost of replacing the relevant item or service, (unless the non-excludable consumer guarantee says otherwise).
- Relationship between the parties: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us.
- Blocking a user, disabling an account or refusing to process a payment: We may block you, terminate your account or refuse to process a payment if we reasonably believe there is a risk associated with you, your account, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where the payment is from or to a person or country sanctioned by an authority (like the United Nations, the United States government or the Australian government); or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members. You warrant that you are not located in a sanctioned country and are not on a sanctioned persons list. We may also block members from a country if we can’t make payments to or from that country. You should check what payment methods are available in your country for making payments as a buyer or for withdrawing earnings as an author. We may take any of the actions stated in this section without notice and against all of your Envato accounts you use on other Envato sites. If required by law we may forfeit existing deposits or earnings.
- US-specific controls: nvato Hosted is not available to anyone located in any U.S. sanctioned countries or to anyone on the U.S Treasury Department's list of Specially Designated Nationals List (SDN list). You must not export or re-export Envato Hosted items to a U.S. sanctioned country or to anyone on the SDN list.
- Changes to these terms: We may change these terms at any time and, if we make changes, we will take reasonable steps to let you know about the changes. You can also keep track of whether changes have been made to our terms by referring to the version and effective date at the footer of the terms. If you continue to use Envato Hosted after the changes are made, then you will be agreeing to the changes regardless of the amount of time that has elapsed.
- Notices: Any notice you send us must be submitted via a help request. Any notice we send to you will be emailed to the email address you provided to us.
- Applicable Laws: We control and operate Envato Hosted from our offices in Australia. The laws of Victoria, Australia govern these user terms, and you submit to the jurisdiction of the courts there.
Version 2.0, Effective May 25, 2018