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Terms and Conditions
Table of Contents
  1. General
  2. Services
  3. Term / Termination
  4. Member Responsibility
  5. Notices
  6. Privacy
  7. Service Interruption
  8. Limitation of Liability
  9. Indemnification
  10. Force Majeure
  11. Unenforceable Provisions
  12. Governing Law
  13. Age of Majority
  14. Waiver
  15. 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.
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 Member's 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 content 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 through 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, content, 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.
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