| Terms and Conditions |
| Table of Contents |
- General
- Services
- Term / Termination
- Member Responsibility
- Notices
- Privacy
- Service Interruption
- Limitation of Liability
- Indemnification
- Force Majeure
- Unenforceable Provisions
- Governing Law
- Age of Majority
- Waiver
- Entire Agreement
|
| 1. General |
| This Agreement explains the terms and conditions governing your
use of the services made available to you by FreeSiteDesigner.com. It
represents the whole agreement and understanding between
FreeSiteDesigner.com and the individual, corporation or organization
who subscribes to the Service hereinafter called "Member" or "Members"
or "You" or "you". This document is referred to as the "Agreement". |
| PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your account
application and by your use of the Service, you agree to comply with
all of the terms and conditions set out in this Agreement.
FreeSiteDesigner.com may terminate your account(s) at any time, without
notice, for conduct that is in breach of this Agreement, or for conduct
that FreeSiteDesigner.com believes is harmful to their business or the
use of the Service by others or is harmful to any other party. |
| FreeSiteDesigner.com reserves the right to modify this Agreement at
any time, effective upon posting of the modified Agreement to this URL: |
| http://www.freesitedesigner.com/Terms.cfm |
| You are responsible to read this document from time to time to
ensure that your use of the Service remains in compliance with this
Agreement. |
| 2. Services |
| FreeSiteDesigner.com provides an online website composer service
to users without fees. FreeSiteDesigner.com allows users to create a
customized website using a What-You-See-Is-What-You-Get (WYSIWYG)
system or to select a pre-built website and use it as their own. |
| Websites can be published from FreeSiteDesigner.com to any server
using FTP protocol. FreeSiteDesigner.com does not provide web hosting
services. |
| FreeSiteDesigner.com also includes a royalty-free photo library
from which users can select to use in their website. |
| Services are provided on the basis of service, facility and
equipment availability. We reserve the right not to provide one or
more Services where necessary facilities, equipment or services are
not available for any reason whatsoever. |
| 3. Term / Termination |
| FreeSiteDesigner.com offers services to Members without term
restriction. Members may request to cancel their FreeSiteDesigner.com
account at any time without any fees or obligations. |
| FreeSiteDesigner.com reserves the right to terminate Member
accounts for breach of any term or provision within this agreement. |
| 4. Member Responsibility |
| Each FreeSiteDesigner.com Member will provide their email address
and select a password. The email address and password is used for
Member verification it is a Members responsibility to select a secure
password and safeguard it from unauthorized use. FreeSiteDesigner.com
WILL NOT BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT
DUE TO BREACHED PASSWORD. |
| You are responsible for maintaining accurate account information
at all times including contact information. Such information can be
updated within your FreeSiteDesigner.com account. |
| 5. Notices |
| You agree that, unless other instructions are posted on
FreeSiteDesigner.com website, any notices required to be given under
this Agreement will be deemed to have been given if delivered by email
or fax, or sent by registered mail or by United Parcel Service to each
of the parties in accordance with the most current contact information
you have provided to us, and the contact information for
FreeSiteDesigner.com posted on the FreeSiteDesigner.com website. All
notices shall be effective upon receipt, except that email and fax
notices shall be effective upon transmission. |
| 6. Privacy |
| The FreeSiteDesigner.com Privacy Statement sets out our obligations
with respect to the safeguarding, collection and use of Members' personal
information and is subject to modification from time to time. Changes
are effective upon posting of the modified Agreement to this URL: |
| http://www.freesitedesigner.com/Privacy.cfm |
| Member information is not disclosed or sold to any third parties. |
| 7. Service Interruption |
| FreeSiteDesigner.com may suspend the Service at any time for any
duration of time when necessary, without penalty or liability to
ourselves. You agree that it may be necessary for us to temporarily
suspend our Service for technical reasons or to maintain our network,
equipment or facilities. FreeSiteDesigner.com will not bear any
liability whatsoever for any such disruption to Service. |
| 8. Limitation of Liability |
| The Service is provided on an "as is" and "as available" basis and
use of the Service is at your own risk. FreeSiteDesigner.com makes no
representations or warranties, either expressed or implied, with respect
to the Service or any service or information provided through the Service.
FreeSiteDesigner.com is not responsible for any damages, injury or economic
loss arising from the use of the content or Service provided by
FreeSiteDesigner.com. |
| For greater certainty and without limitation to the generality of
the following: |
| (i) in no event will FreeSiteDesigner.com be liable to you for
any direct, indirect, incidental or consequential damages or economic
loss arising out of the Service or in connection with your website or
any other services or products provided to you; |
| (ii) FreeSiteDesigner.com, its officers, directors, owners, agents
and employees shall in no way be liable to you or anyone else for any
loss or injury resulting from use of the Service or the Site; |
| (iii) in no event shall FreeSiteDesigner.com be held liable for
any damages or economic loss, whatsoever, as a result of notifying
any official of potentially illegal content on the Site, providing
copies of your data files to the appropriate authorities or cooperating
with law enforcement efforts to locate persons who have posted content
that is illegal or promotes illegal conduct. |
| 9. Indemnification |
| You agree to indemnify and hold FreeSiteDesigner.com harmless from
and against, and to reimburse FreeSiteDesigner.com with respect to, any
and all losses, damages, liabilities, claims, judgments, settlements,
fines, costs and expenses (including reasonable related expenses, legal
fees, costs of investigation) of every nature whatsoever incurred by
FreeSiteDesigner.com by reason of or arising out of or in connection
with: |
| (i) any breach of this Agreement by you or; |
| (ii) any infringement of any copyright, trademark, patent, trade
secret or any other intellectual propriety right of any party by
content on your website or; |
| (iii) illegal, pornographic, or discriminatory content on your website. |
| 10. Force Majeure |
| FreeSiteDesigner.com will not be liable for any delay, interruption
or failure in the provisioning of services if caused by acts of God,
declared or undeclared war, fire, flood, storm, slide, earthquake, power
failure, the inability to obtain equipment, supplies or other facilities
that are not caused by a failure to pay, labor disputes, or other similar
events beyond our control that may prevent or delay of service provisioning. |
| 11. Unenforceable Provisions |
| If any part of these Terms and Conditions are found to be invalid or
unenforceable under applicable law, such part will be ineffective to the
extent of such invalid or unenforceable part only, without in any way
affecting the remaining parts of these Terms and Conditions. |
| 12. Governing Law |
| The rights and obligations of the parties pursuant to these Terms
and Conditions is governed by, and shall be construed in accordance
with, the laws of the province of British Columbia and the federal laws
of Canada. |
| You may be subject to other local, provincial or state and national
laws. You hereby irrevocably submit to the exclusive jurisdiction of the
Courts of the Province of British Columbia for any dispute arising under
or relating to this Agreement and waive your right to institute legal
proceedings in any other jurisdiction. We shall be entitled to institute
legal proceedings in connection with any matter arising under this
Agreement in any jurisdiction where you reside, do business or have
assets. |
| 13. Age of Majority |
| FreeSiteDesigner.com does not accept agreements and payments from
persons under the legal age of 19 years. By submitting your account
application, you confirm that you are over 19 years of age or your
parent or legal guardian has agreed to accept this Agreement on your
behalf. |
| 14. Waiver |
| No waiver of any of the provisions of these Terms and Conditions
will be deemed to constitute a waiver of any other provision nor shall
such a waiver constitute a continuing waiver unless otherwise expressly
provided in writing duly executed by the party to be bound thereby. |
| 15. Entire Agreement |
| These Terms and Conditions, as may be updated from time to time
and posted at: |
| http://www.freesitedesigner.com/Terms.cfm |
| This document represents the complete agreement and understanding
between us with respect to the Service and supercedes any other
written or oral agreement. |
