Last Revised: June 1, 2012
As a condition of your use of the Service, you agree that:
- You are an individual person at least 18 years of age;
- You possess the authority to create a binding legal obligation;
- You have the right to provide any and all information you submit to the Service, the information is only about yourself, and all such information is accurate, true, current and complete.
Your Site44.com Account
Responsibility of Contributors
If you operate a customer website, or make (or allow any third party to make) material available by means of the Service (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 (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) 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 towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your website is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods;
- your website is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your website'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 Planet Rational or otherwise.
Planet Rational claims no ownership interest in the content of your website. By submitting Content to Planet Rational for inclusion on your website, you grant Planet Rational 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 website. If you delete Content, Planet Rational will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Payment and Renewal
Optional paid services such as extra customer websites and greater data transfers are available on the Service (any such services are referred to as an "Upgrade"). By selecting an Upgrade you agree to pay Planet Rational 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 or annual subscription period as indicated. Upgrade fees are not refundable.
Unless you notify Planet Rational before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time.
Responsibility of Visitors
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 Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Service 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. Planet Rational disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of that content..
Content Posted on Other Websites
Copyright Infringement and DMCA Policy
As Planet Rational asks others to respect its intellectual property rights, it respects the intellectual property rights of others.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please contact us with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed 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 reasonably sufficient to permit us to locate the material. Providing URLs in an email enables us to most efficiently locate and remove the infringing material.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which the you may be contacted.
- 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above information should be sent via email to email@example.com, or via U.S. Mail to:
Planet Rational, Inc.
Attn: Copyright Agent
15600 N.E. 8th Street
Bellevue WA 98008
Everything located on or in the Service is the exclusive property of Planet Rational or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE CUSTOMER WEBSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF PLANET RATIONAL OR THE OWNER OF THE CUSTOMER WEBSITE IS PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
The Service contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Service are protected by copyright as a collective work under the United States copyright laws. Planet Rational owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it.
You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content of the Service, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Planet Rational or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Site44, Site44.com, and Planet Rational are trademarks of Planet Rational, Inc. Product names, logos, brands, and other trademarks featured or referred to within Site44.com are the property of their respective trademark holders. These trademark holders are not affiliated with Planet Rational, our products, or Site44.com. They do not sponsor or endorse Planet Rational or any of our online solutions.
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.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THIS SERVICE IS AT YOUR SOLE RISK. NEITHER PLANET RATIONAL, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SERVICE, OR (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, PRODUCT DESCRIPTIONS), SERVICE, OR PRODUCTS PROVIDED THROUGH THIS SERVICE. THE SERVICE AND ALL CONTENT, STATEMENTS (AS DEFINED BELOW) AND OTHER INFORMATION CONTAINED ON THE SERVICE, AND PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SERVICE ARE MADE ACCESSIBLE OR AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. PLANET RATIONAL HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE CONTENT, STATEMENTS OR OTHER INFORMATION CONTAINED ON THE SERVICE, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within the Service. The Service may contain technical inaccuracies or typographical errors. Planet Rational assumes no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions on the Service.
General Representation and Warranty
This Agreement constitutes the entire agreement between Planet Rational and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Planet Rational, or by the posting by Planet Rational of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of the state of Washington, 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 King County, Washington.
Comments And Questions
If you have any comments or questions, you may address them to Planet Rational, Inc., 15600 N.E. 8th Street, Suite B1-717, Bellevue, WA 98008, or by email at firstname.lastname@example.org.
The Service may contain links to third-party sites that are not under the control of Planet Rational, and Planet Rational is not responsible for nor does it guarantee the accuracy or integrity of, the content(s) of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that Planet Rational endorses or accepts any responsibility for the content on any third-party site. Your correspondence or business dealings with, or participation in any third party website found through the Service, 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 third party.
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. Planet Rational is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third party websites on the Service.