Terms of service
Updated: October 3rd, 2014
2. Description of Services
We provide Users with access to certain Content providing tools to help our customers create, manage and maintain websites (collectively, the “Services”) directly and through the website and associated domains of http://www.sitesupra.com
(the “Web Site”). Any website hosted by us for you as part of the Services shall be known herein as a “Hosted Site”.
3. Conditions of Use
You hereby are notified and agree to all the following Terms:
3.1. You will ensure the email address provided in your account registration is valid at all times and will keep your contact information accurate and up-to-date.
3.2. You will not transfer your account to anyone without first getting our express written permission. You will not share your password, let anyone else access your account, or in any way jeopardize the security of your account.
3.3. You will not use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering, or impersonating another person.
3.4. You will not use the Services or Materials if you are located in a country where such use is prohibited by the applicable law.
3.5. You will not imply or state, directly or indirectly, that you are affiliated with or endorsed by SiteSupra without our express written permission.
3.6. You will not access the Services through automated methods. You may not send messages using the Services which do not correctly identify the sender, nor alter the attribution of origin in electronic mail messages or postings. You will not attempt to or actually override any security component included in or underlying the Materials or Services.
3.7. You may not upload individual files larger than 20MB.
3.8. You will not take any action that directly or indirectly interferes with the proper working of or places an unreasonable load on SiteSupra’s infrastructure.
3.9. You may not use this Web Site or Services if you are under 18 years of age.
If SiteSupra becomes aware of violation of any of these policies, we may track and store user information to identify the offending user. Offending users may be permanently restricted from holding an account or using the Services. If SiteSupra reasonably determines that your account is being used for illegal or fraudulent activity then your account may be immediately terminated and your data erased. We may also report you to law enforcement officials in the appropriate jurisdictions.
4. Intellectual Property
All SiteSupra trademarks and service marks, logos, slogans and taglines are the property of SiteSupra. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as otherwise specifically provided in this Agreement, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on SiteSupra without the express written permission from SiteSupra or third party that may own the respective property.
If you believe any Materials infringe your works or rights in intellectual property, you may provide a notification of claimed infringement to our abuse desk by writing to [email protected]
5. Legal Status of Materials and Services
Users are notified that Site Supra asserts its ownership of all software and its documentation, informational text, site layout, design and trade dress, images, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the "Materials"). Site Supra informs users that all Materials available on the Web Site and/or provided by or through SiteSupra are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret and other intellectual property laws. Users may only use the Materials, whether on a Hosted Site or otherwise, with our express permission.
6. License to Use Our Services
Subject to this Agreement, SiteSupra hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the Materials through a user identification reference provided by SiteSupra (“User ID”) only to the extent necessary to access and use the Services in accordance with the terms of this Agreement. You may not sell or in any way transfer any right in the Materials, create derivative works based on or in any manner commercially exploit the Materials, in whole or in part, beyond the terms of this Agreement. Any such use of the Materials without our prior consent is expressly prohibited.
Specifically, this license does not permit you, and you agree not to take any action to: store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials. You may not otherwise distribute in any way the Materials other than as specifically permitted in this Agreement.
7. User ID and Access to Services
We will provide you one User ID for each account held by you. You will be granted access to the Materials on one computer or device at a time through the Web Site. You agree to fully and accurately provide the information requested by us when setting up your accounts and to regularly update such information. Your failure to do so may result in the immediate cancellation of your account and loss of Services. User IDs are personal, and you agree not to provide access to your User IDs to any third party.
Some of our Services may require you to give us access to accounts or services you may have with third party providers. When you provide this information to us or give us access to these third party accounts you agree and affirm that you have all the necessary contractual and legal rights to give us such access, login information and passwords.
8. User Responsibility for Content
You are legally responsible for any and all information, data, text, software, music, sound, photographs, graphics, images, video, messages or other materials uploaded, posted or stored in connection with your use of the Services (“Content”). SiteSupra is not responsible for your Content, whether on the Hosted Site or elsewhere.
You hereby grant SiteSupra a worldwide, royalty-free, non-exclusive license to host and use the Content on your Hosted Site. You hereby represent and warrant that you have all the rights necessary to grant us such license. Further, when you communicate with SiteSupra and/or provide or post any feedback, suggestions, questions and/or ideas (“Feedback”), you also grant us a perpetual, worldwide, irrevocable, royalty-free license to use any Feedback for any and all purposes, in our sole discretion. Please be aware that any Feedback may be used and publicized in this way.
SiteSupra does not guarantee that your Content will be available and assumes no responsibility for any Content that may be lost or unrecoverable through your use of the Services. You are encouraged to back up your Content and your Hosted Site regularly and frequently.
9. Restricted Content and Conditions for Termination
SiteSupra assumes no liability for any Content owned, controlled or posted by Users. Users are advised that SiteSupra may choose to monitor Content on the Web Site or Hosted Sites created using our Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect SiteSupra or its customers, or operate the Services properly. SiteSupra, in its sole discretion, may refuse to post, remove, or require you to remove, any Content alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement. If SiteSupra requires you to place all or any portion of the Content behind password protection, you may not publish the password or render it ineffective. If you fail to comply promptly with a notice to remove content or a notice to enable password protection, SiteSupra may (a) place such Content behind password protection itself, or (b) immediately terminate this Agreement.
Uploading any restricted Content as listed below may result in immediate termination of the Agreement without any refund to you. You must not upload, post, host or transmit the following items to or from the Web Site including but not limited to: unsolicited email, SMS messages, or “Spam” messages; worms, viruses, Trojan horses or code of a destructive nature; questionable or illegal material (including copyrighted and/or trademarked material used without the permission of the rights holder), or Content that is or could be construed as pornographic, sexually explicit, or violent; reasonably likely to cause harm, or that could be reasonably considered as slanderous or libelous, and/or breaches another’s privacy.
Users are reminded that they assume full liability for any actions taken on their behalf by any persons that have access to a UserID.
11. Sale or Purchase of Goods or Services
11.1. Illegal or potentially illegal Goods or Services, including those that are counterfeited, stolen or fraudulent, may not be sold on Hosted Sites. Goods or Services sold using the Services must comply with all applicable laws and may not be inappropriate, offensive, pornographic, sexually explicit or violent as determined by us at our sole discretion.
11.2. You may not offer or sell Goods or Services that infringe or have the potential to infringe the intellectual property rights or proprietary rights of another, or that infringe upon or have the potential to infringe upon an individual’s privacy or that may be libelous, slanderous or otherwise defamatory.
11.3. You may not offer or sell any Goods or Services that are manufactured as, or primarily intended to be used as, weapons, including firearms, restricted devices or ammunition, as determined by us.
11.4. You may not use images or names of any third party (including notable personalities or celebrities) when offering or selling Goods or Services without obtaining that third party’s explicit permission.
We may immediately remove Content related to the offer or sale of Goods or Services in violation of this Agreement. Moreover, upon our request, you must employ reasonable efforts to stop the delivery of any Goods or Services to the buyer and/or to refund any monies paid to a buyer in such circumstances.
12. Term of the Agreement, Fees, Invoicing
12.1. You may agree to a one (1) month, six (6), twelve (12) month or twenty-four (24) month contract agreement with SiteSupra on recurring or manual billing basis.
12.2. You can opt to upgrade or downgrade your service agreement to any other contract agreement that SiteSupra is currently offering for sale at any time during your contract term. In the event of a contract downgrade, a discount credit will be issued to your SiteSupra account for the difference in the cost of the two contracts over the remainder of your original contract term. This credit can be applied only to future months of service with SiteSupra, and is in no way transferable to a cash refund.
12.3. Payment is due in advance at the start of each billing cycle and is non-refundable. Your billing cycle starts on the day after expiration of the Trial Period. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused, except those abovementioned.
12.4. In case you use recurring billing at the end of the contract term, your contract will automatically renew for an additional contract term until explicitly cancelled by you. Cancellation must be issued via your website manager interface SiteSupra at least one (1) day prior to the end of the contract term.
12.5. Only Services and features clearly indicated as "free" or "no charge" are free or without charge. All other applications, features, functionality and support provided by SiteSupra and its partners are provided for the fees described for each service on the Web Site (“Fees”) and you are liable for such Fees.
12.6. If you registered for a trial use of the Services ("Trial Period"), you must decide to purchase the Services within the Trial Period in order to retain any Content that you have posted or uploaded during the Trial Period. The Trial Period is 14 (fourteen) days. If you do not purchase the Services by the end of the Trial Period, your Content will no longer be available to you. It will be deleted unless you have backed it up yourself.
12.7. If you purchase any Services for a Fee, you agree to SiteSupra, or our third party service providers, storing your payment card information. You expressly agree that we are authorized to charge you (i) a monthly Fee for any applicable Services billed on a monthly basis, (ii) any other Fees for Services you may purchase, and (iii) any applicable taxes in connection with your use of the Services to the payment card you provide and to reimburse us for all collection costs and interest for any overdue amounts. If the payment card you provide expires and you do not provide new payment card information or cancel your account, you authorize us to continue billing you and you agree to remain responsible for any uncollected Fees.
12.8 We may email you service updates and marketing information from time to time. You will be able to opt out from such emails.
13. Cancellation and Termination
The Services may be terminated by us, without cause, at any time. The Services may be terminated by you, without cause, by following the cancellation procedures set forth in Section 12.4. SiteSupra may terminate Services at any time, without penalty, obligation to refund and without notice, if you fail to comply with any of the terms of this Agreement or the intellectual property and/or privacy protections applicable to these Services.
Notice of termination of Services by SiteSupra may be sent to the contact e-mail associated with your account. Upon termination, SiteSupra will delete all data, files, or other information that is stored in your account. It is the sole responsibility of the User to retrieve and back up all account content prior to termination.
The Materials and Services on the Web Site are provided “as is”. Site Supra makes no warranties, express or implied, that the Service will meet your specific requirements, that the Service will be uninterrupted, timely, secure, or error- and virus-free, and that the results that may be obtained from the user of the Service will be accurate or reliable. Further, SiteSupra does not warrant or make any representations concerning the accuracy, likely results, security or reliability of the materials on its Web Site or on any third party sites linked to this Web Site.
15. Limitation of Liability
You agree that SiteSupra and its suppliers shall, in no event, be liable for any damages (including, without limitation, damages for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use the Service or any failure of the Service) arising from the use of or inability to use the Materials or Services on the Web Site and/or on the Hosted Site, even if SiteSupra or its authorized representative has been notified orally or in writing of the possibility of such damages. In no event shall SiteSupra’s entire liability to you in respect of any Service, whether direct or indirect, exceed the Fees paid by you towards such Service.
SiteSupra has no obligation to store, maintain or provide you a copy of any content that you provide when using the Services. Users must create and maintain their own data backups.
In particular, you agree to indemnify and hold harmless SiteSupra and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns from and against any and all liability, loss, claim, damages, expense or cost (including but not limited to attorneys’ fees), arising from or related to the use of, access to, interaction with or reliance upon, your Hosted Site, including the purchase, sale or other distribution of Commercial Products.
16. Modification to Services and Agreement
Users should be aware that we may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services at any time and in our sole discretion. All of these changes shall be effective upon their posting on the Web Site or by direct communication to you.
We reserve the right, in our sole discretion, to modify or replace any part of this Agreement at any time. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes.
17. Governing Law
This Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the Republic of Latvia.
18. Severability, Transfer and Assignment
If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect. You may not transfer any of your rights or obligations under this Agreement to anyone else without our prior written consent.
All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
19. Contact Us