SiteSuite 14-Day Website Trial Terms of Service
SiteSuite Australasia Pty. Ltd. ("SSA") provides a content management system (CMS) to manage an online store, sell products online and other services (the "Services"). The following are the terms and conditions for use of the CMS and Services for the period of the 14 day free trial
1. Services and Support
1.1 The Services are provided subject to these Terms and Conditions and any operating policies that SSA may establish in regard to the use of the Content Management System (SiteSuite CMS). SSA may from time to time make changes to this Agreement, and continued use of any Services constitutes the Customer's acceptance of any such changes.
1.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, you may not use the Services.
1.3 The Services provides a CMS to manage an online store, process orders and sell products online. In addition, the Services may include professional services relating to your use of the SiteSuite CMS.
1.4 The Customer will identify an email address and password for Customer's SSA account. Customer is responsible for maintaining the security of the Customer account, passwords, and for all uses of the Customer's account. SSA reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
2. Restrictions and Responsibilities
2.1 This is an Agreement for Services, and the Customer is not granted a license to any software by this Agreement. Customer will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, system structure, ideas, or algorithms included in the Services or any software, related to the Services ("Software"); modify, translate or create derivative works based on the Services or any Software; or copy (except for archival purposes), distribute, pledge, assign or otherwise transfer or encumber rights to the Services or any Software;.
2.2 The Customer represents, covenants, and warrants that The Customer will use the Services only in compliance with SSA's Terms and Conditions, and all applicable laws including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation. The Customer may not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email to any third party. The Customer hereby agrees to indemnify and hold harmless SSA against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and fees) in connection with any claim or action that arises from an alleged violation of the foregoing. SSA may monitor The Customers’ websites and may remove any such content or prohibit any use of the Services it believes may be in violation of the foregoing.
2.3 For every email message sent in connection with the Services, The Customer acknowledges and agrees that the recipient has agreed to receive such communication and that The Customer shall not engage in the act of sending unsolicited emails as specified in The Spam Act (2003).
3.1 The Customer may terminate this Agreement at any time by sending an email message to firstname.lastname@example.org or by sending written notice to SSA at PO Box 365 Broadway NSW, 2007.
3.2 SSA may terminate this Agreement or the Services at any time with or without cause, and with or without notice. SSA shall have no liability to The Customer or any third party because of such termination.
3.3 If The Customer does not choose to enter a paid agreement with SSA within 30 days of the end of the 14 day Free Trial, SSA may permanently delete the account and any associated files or data.
4. You warrant that:
4.1 you have not entered into this agreement or obtained any Services on the basis of, or in reliance on, any statement or representation (whether made orally or in writing and regardless of the medium used) made by SSA concerning this agreement or any of the Services, other than any statement or representation contained in this agreement;
4.2 you are at least 18 years of age;
4.3 your use of the Services will not at the Commencement Date or thereafter, infringe the intellectual property or other proprietary rights of Melbourne IT, its Supplier or any third party;
4.4 you will conduct computer virus scanning and ensure that any data uploaded or downloaded to and from the Servers of SSA by you does not contain any computer virus and will not in any way, corrupt the data or systems of any person; and
5. Warranty Disclaimer
The Customer uses the services at its own risk. SSA does not warrant that the services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the services (including without limitation, any professional services you may receive from SSA). The services are provided "as is" and SSA disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and noninfringement.
6. Limitation of Liability
Notwithstanding anything to the contrary, except for personal injury or damage to real or tangible personal property proximately caused by SSA, SSA and its suppliers (including but not limited to all equipment and property suppliers), officers, affiliates, representatives, contractors, and employees shall not be liable for any direct, indirect, special, or consequential damages resulting from any action in contract, tort, or otherwise, even if SSA has been advised of the possibility of such damages.
7.1 No agency, partnership, joint venture or employment is created as a result of this Agreement, and The Customer does not have any authority of any kind to bind SSA in any respect whatsoever.
7.2 In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
7.3 This Agreement shall be governed by the laws of the State of New South Wales Australia without regard to its conflict of laws provisions.
7.4 We reserve the right to modify our pricing and we will notify you by email when this occurs.
7.5 Prohibited Offerings. No The Customer may utilize the Services to provide, sell or offer to sell the following: replicas; controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others' intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, programs or services; escort services or other content deemed adult related.
7.6 Profanity. Profanity or profane subject matter in the site content and in the domain name are prohibited.
7.7 Private Information and Images. The Customers may not post or disclose any personal or private information about or images of children or any third party without the consent of said party (or a parent's consent in the case of a minor).
7.8 Violations of Intellectual Property Rights. Any violation of any person's or entity's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. SSA is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see "Copyright Infringement Notice Information" below).
7.9 Misrepresentation of Transmission Information. Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
7.10 Viruses and Other Destructive Activities. Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any The Customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
7.11 Hacking. "Hacking" and related activities are prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
7.12 Other Illegal Activities. The use of the Services to engage in any activity that is determined by SSA, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting, selling or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable online privacy laws. SSA will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
7.13 Other Activities. Engaging in any activity that, in SSA's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, SSA's business, operations, reputation, goodwill, The Customers and/or The Customer relations, or the ability of SSA's The Customers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of The Customer to cooperate with SSA in correcting or preventing violations of these Terms by, or that result from the activity of, a The Customer, patron, subscriber, invitee, visitor, or guest of The Customer constitutes a violation of these Terms by The Customer.
8. Copyright notice infringement information
In accordance with the Digital Millennium Copyright Act, SSA has adopted a policy that provides for termination of websites hosted by SSA that are found to infringe on copyrights of third parties. If a copyright holder believes that there has been a violation of his or her copyright on a website that is hosted by SSA or a subsidiary, and the copyright holder wants SSA to remove the website or disable the material in question, SSA will remove the website or disable the material if the copyright holder provides us with all of the following information.
- A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.
- Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted.
- A statement that the person giving the notification has 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 the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
9. Governing Law
These Terms shall be governed by the laws of the State of New South Wales without reference to conflict of law principles. By subscribing to or using any of the Services of SSA, The Customer agrees that all disputes, if any, involving SSA shall be subject exclusively to the jurisdiction of the State and Federal Courts within the State of New South Wales; provided, further, that all action brought against SSA in State Court must be brought in New South Wales, Australia.
10. Indemnification of SSA
You, The Customer, agree to defend, indemnify and hold SSA, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from SSA's own gross negligence or willful misconduct. SSA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, The Customer.