Effective Date: November 30, 2008
Welcome
to WebsiteMe!
- ACCEPTANCE AND DESCRIPTION OF SERVICES
Your continuing use of WebsiteMe’s products, services, or websites
("Services") is subject to the following terms and conditions of
service ("Terms"). WebsiteMe reserves the right to update and
change the Terms at any time without notice. The most current version of
the Terms will be available on our website. A violation of any of the
Terms below may result in action by WebsiteMe up to and potentially
including the termination of your account and access to the Services, with
or without warning.
"WeMe" is the collective name for a private service offered by WebsiteMe,
Inc. which provides website building tools and web hosting. WebsiteMe
offers website space and many related services, including site building,
editing, and promotion tools (collectively, "Services"). To
access Services, you must access the World Wide Web and pay all service
and equipment fees associated with such access. You may also be required
to provide current, accurate personal information ("Registration
Data"), including a valid email address, in order to register for
Services as a "Member." As a Member or a visitor to any site
hosted by WebsiteMe (a "user"), by viewing "Content" -
which includes text, images, videos, and other media uploaded by Members
or WebsiteMe and hosted by WebsiteMe - you may be subject to all or part
these Terms. You understand that users may receive some amount of direct
and indirect communications from WebsiteMe, such as email newsletters,
service announcements, and administrative messages. Members may opt out of
receipt of email communications. Use of Registration Data is subject to
our Privacy Policy.
Unless explicitly stated otherwise, any new features that enhance or
replace current Services shall be subject to the Terms.
- REGISTRATION
Information provided by individuals as part of Member registration is
subject to our Privacy Policy.
As a Member, you are exclusively responsible for maintaining the
confidentiality of your account password, and are responsible for all
activities that occur under your account.
- CANCELLATION AND TERMINATION
WebsiteMe reserves the right to cancel any Member’s Services for any reason
or no reason at all. WebsiteMe provides web hosting to sites that abide by
our Terms. If you or WebsiteMe cancel your Services, cancellation will
immediately stop all Services. You will no longer have access to your
website and all associated information may be deleted by WebsiteMe. You
are entirely liable for all activities conducted through your account.
- SECURITY
You are responsible for maintaining the security of your account and
website, and you are fully responsible for all activities that occur under
the account and any other actions taken in connection with the website.
You agree to immediately notify WebsiteMe in writing of any unauthorized
uses of the account or any other breaches of security. WebsiteMe cannot
and will not be liable for any loss or damage from your failure to comply
with this security obligation. You acknowledge and agree that under no
circumstances will WebsiteMe be liable, in any way, for any acts or
omissions by a Member or Guest, including any damages of any kind incurred
as a result of such acts or omissions.
- CONTENT, CONDUCT RULES AND OBLIGATIONS
You and any person who has access to your account must evaluate, and bear
the risk associated with, the accuracy, completeness or usefulness of any
Content. WebsiteMe reserves the right to remove Content which is deemed in
WebsiteMe sole discretion harmful, offensive, or otherwise in violation of
the Terms or any rules or policies WebsiteMe has in place at the time.
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages, goods, products, services or other
materials ("Content") are the sole responsibility of the Member
or Guest who distributed such Content. You, and not WebsiteMe, are
entirely responsible for all Content that you upload, post, transmit or
otherwise make available via the Services. WebsiteMe does not control the
Content posted via the Services and, as such, does not guarantee the
accuracy, integrity or quality of such Content. In no way and under no
circumstances will WebsiteMe be liable for any Content. You are
responsible for all risks associated with use of any Content. By your use
and viewing of Content, you understand that WebsiteMe does not review
Content but that WebsiteMe has complete rights to remove, alter, replace,
or reproduce all Content.
WebsiteMe is not responsible for the Content of any Member including home
pages, forums, blogs, discussion groups, media and comments. We reserve
the right to remove any Content that is in violation of our Terms. Members
will be held legally responsible for the Contents of their web pages,
including but not limited to use of copyrighted material without the permission
of the author or posting material considered indecent for minors. The use
of Services for illegal purposes is strictly forbidden and any account
found to be or believed to be, in the sole discretion of WebsiteMe,
violating the law may be removed without notice.
You are not to upload any type of Content, programs, software, media, or
MP3 files to our server unless you are the full owner and have all rights
to the Content in question. This includes files with the following
extensions: .zip, .rar, .arj, .tar, .mp3, .avi, or .exe. Copyrighted files
not belonging to Members or Guests posting those files may be deleted
without notice. You agree that you will not originate any Content that may
be described in any part by any of the following descriptions:
o
"Adult", pornographic,
obscene, nude, graphically violent, and other inappropriate Content
o
Offers for or the solicitation of
prostitution, erotic, or sexual services
o
Hate, bigotry, and/or intolerance
o
Pirated software or media, including
music, videos, images, "Warez," and other illegal or copyrighted
software and Content
o
Hacking, "phishing", or
"phreaking" related
o
Copyrighted software which has been
"cracked" (e.g., copyright protection for the software has been
removed)
o
Making available serial numbers for
software which can be used to illegally validate or register software
o
Making available tools which can be
used for no purpose other than "cracking" software
o
Any material that contains software
viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or
telecommunications equipment
o
Anything related to illegal
activity, including defamation, threats, or harassment
o
Offensive and indecent user, file,
and directory names or tags, descriptions, and titles
o
Links to any of the above
You agree that you will not use the Services to engage in any of the following
activities:
o
"Spamming" to promote your
website or Content, or engaging in unethical marketing, advertising, or any
other practice connected in any way to "spam"
o
Harming minors in any way
o
Impersonating any person or entity,
including, but not limited to, a WebsiteMe official, forum leader, guide or
host, or falsely stating or otherwise misrepresenting your affiliation with a
person or entity
o
Stalking, threatening, defaming, or
otherwise harassing another
o
Forging titles or otherwise
manipulating identifiers to disguise the origin of any Content used with
Services
o
Upload, post or otherwise transmit
any Content that infringes any patent, trademark, trade secret, copyright,
rights of privacy or publicity, or other proprietary rights of any party
o
Promoting pyramid or Ponzi schemes
or any scam or scheme intended to generate money
o
Offering for sale or sell any item,
good or service that violates any applicable federal, state, or local law or
regulation; you do not have full power and authority under all relevant laws
and regulations to offer and sell, including all necessary licenses and
authorizations; or that WebsiteMe determines, in its sole discretion, is
inappropriate for sale WebsiteMe Services
o
Soliciting personal information,
passwords, or other data for commercial, unlawful, unethical, or dishonest
purposes
o
Attempting to interfere with,
disrupt, or break into Services, networks, servers, equipment, or Content
related to the Services
o
Violating in any way any applicable
local, state, national or international law, including, but not limited to,
regulations pertaining to the U.S. Securities and Exchange Commission and
public or private exchanges
o
Making any automated use of the
Services
- DISCLAIMER OF WARRANTIESS
THE WEBSITEME SERVICE IS PROVIDED TO YOU "AS IS" AND "AS
AVAILABLE" WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW,
WEBSITEME DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NON-INFRINGEMENT, THE IMPLIED CONDITION OF SATISFACTORY QUALITY AND
IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF
PERFORMANCE. YOU ACKNOWLEDGE THAT IF YOU RELY ON ANY INFORMATION OR
CONTENT ON THE SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK.
- MONEY-BACK GUARANTEE
WebsiteMe provides both free and paid services to users. Paid services
include a 30-day money-back guarantee. If you are dissatisfied with your
service for any reason, you will receive a full refund (minus domain name
registration fee, setup fee, graphical fee, and extra applicable charges)
if you cancel your paid services within 30 days of the activation of your
account. The 30-day money-back guarantee does NOT apply to Domain Name
Registration or other services. Once you purchase your domain name,
you are its owner and it cannot be "returned" until the duration
of the domain term has expired.
- INDEMNITY
By using Services under these Terms, you agree, at your own expense, to
indemnify, defend and hold harmless WebsiteMe and its affiliates,
officers, directors, employees, consultants, agents, suppliers, licensors,
co-branders, and other partners from and against any and all third-party
claims, liability, damages, losses and/or costs (including but not limited
to reasonable attorneys’ fees) arising from or relating to: (a) your
failure to comply with these terms of use; (b) your infringement or
violation of any intellectual property or other right of a third party;
(c) your violation of any applicable law; and (d) your Content, use of
Services, Guest activity, connection to Services, or your violation of any
other rights of any other party; regardless of whether you are registered
as a Member. WebsiteMe will not be liable for any of its services. We have
the right to cancel our service at any time, and we will not be liable for
any files that are lost and/or corrupted which may occur (including, for
example, from a system crash, security breach, or hard disk failure). To
the full extent permissible under the applicable law, WebsiteMe shall not
be liable for any direct, indirect, incidental, special or consequential
damages resulting from the use or inability to use WebsiteMe services.
- RESALE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any
portion of the Services, use of the Services, or access to the Services
without the express written permission of WebsiteMe.
- ADVERTISING
Services may include advertisements through WebsiteMe or third parties, as
such advertisements may be necessary for WebsiteMe to continue to provide
Services. Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Services, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that WebsiteMe shall
not be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence of
such advertisers on the Service.
Users, Members, and Guests agree not to contact any advertisers run on
WebsiteMe or WebsiteMe sites in reference to the Services. If you have
questions or problems regarding advertisements, please contact our support
or abuse departments.
- PROPERTY
All templates offered by WebsiteMe are copyrighted material. Such templates
are offered for use to WebsiteMe users under license only, and are not
offered for sale or unbridled use. Such license limits use of WebsiteMe
templates to sites hosted by WebsiteMe through its Services. WebsiteMe
templates may not be transferred to or hosted on another web host or
Internet Service Provider. If you
purchased a graphical package, then you must contact WebsiteMe by e-mail
or telephone and request a copy of your paid artwork.
- GENERAL
These terms of use shall be governed by and construed in accordance with
the laws of the United States, Canada, and Australia. Both parties submit
to the personal jurisdiction in the Governing area. These Terms of Use
constitute the entire agreement between you and WebsiteMe with respect to
the Service. You acknowledge and agree that you have read and understand
the provisions of these terms of use. By using a WebsiteMe license and, or
service, you consent to the terms of use described herein, including any
updates. WebsiteMe reserves the right to vary these terms of use from time
to time and will update the "Effective Date" section above when
such changes are made.