PG Sitemaker Terms of Service
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Acceptance of Terms of Use These Terms of Use govern your use of the PG Sitemaker Web site and SiteMaker referenced as "the system". By using, visiting, or browsing the system, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the system. Changes to Terms of Use Polaris Graphics, Inc. reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" hyperlink located at the bottom of the PG Sitemaker home page. The most current version of the Terms of Use will supercede all previous versions. Your use of the system after changes are made means that you agree to be bound by such changes. Privacy Any information submitted on the system is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. Billing As a subscriber to SiteMaker , you agree that we are permitted to charge or debit, as applicable, your Payment Method a monthly subscription fee, any applicable tax and any other charges you may incur in connection with your use of SiteMaker . As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription and on each monthly renewal thereafter unless and until you cancel. We will automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your membership. In the event your membership began on a day not contained in a given month, we will bill your Payment Method on the last day of such month. For example, if you became a member on January 31st, your Payment Method would be billed on February 28th. All fees and charges are generally nonrefundable, but exceptions can be made under extreme circumstances, and at the sole descretion of Polaris Graphics, Inc. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you must call customer service during normal business hours to update your payment method. Failure to do so may result in the disabling of your account if your payment method is denied. A reactivation fee of $25.00 will apply to regain access to your account. Refunds While complete customer satisfaction is our goal, we are unable to offer partial month refunds or complete refunds after the first month of service, except under extreme circumstances such as failure of the system to meet availability standards. Such circumstances and refunds are determined solely by Polaris Graphics, Inc. and are issued at our discretion. We ask that any requests for cancellation be made a full 2 weeks prior to your next billing date. Orders placed on the site are final and binding. Orders cancelled within the first month will receive a full refund of the first month's charges, but are subject to a $40.00 processing fee which will be deducted from the refund at the time of cancellation. Automatic Renewals Your SiteMaker subscription will be automatically renewed on a monthly basis. For your convenience, we will bill the monthly subscription fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Your membership will automatically renew for successive monthly subscriptions, without prior notice to you, unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews in order to avoid billing of subscription fees to your Payment Method. Cancellation As noted above, you may cancel your subscription to SiteMaker at anytime. To cancel, you must contact customer service during normal business hours and request the cancelation. We do not provide refunds or credits for any partial monthly subscription periods nor will we provide a refund of the signup fee after the first month. Account Access In order to provide you with ease of access to your account, Polaris Graphics, Inc. will place a cookie (a small text file) on any computer from which you access the SiteMaker service. This cookie will be temporary and will not store your username and password. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. Storage Space You will be limited to 1GB of storage space on the server. You will be warned in the SiteMaker panel when you are within 10mb of this limit. If you go over the limit, you will not be able to upload any more files until you delete enough files to put you under your limit again. Custom Design Services A custom design for a website as defined by Polaris Graphics, Inc. is a concept, layout and applied rendering, created to, as closely as possible, meet the design requests of each individual customer, and is unique to that customer. A custom design will never be exactly duplicated for a second customer. Each SiteMaker customer is entitled to a single custom design, per this definition, for their website, at no additional cost. Customers will be provided, via email or electronic image, a mock-up of their custom design prior to application to their site, which will not be applied to the website until that mock-up is apporved, as the custom design, by the customer. Once appoved and applied, the design may be changed at additional cost to the customer. The cost for each custom design beyond the initial design shall be $795.00 Disclaimers of Warranties and Limitations on Liability The system and its contents are provided "as is" and we make no representations or warranties of any kind with respect to the SiteMaker service or its contents. We assume no liability or responsibility for any errors or omissions in the content of the system, any failures, delays, or interruptions in access to the system, delivery of any content contained on the system, any losses or damages arising from the use of the content provided on the system, or any conduct by users of the system. We reserve the right to cancel accounts for abuse, in our sole discretion. We disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. In no event shall Polaris Graphics, Inc., its shareholders, directors, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law. Intellectual PropertyCopyright All content included on the System, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of Polaris Graphics, Inc. or its suppliers and is protected by United States and international copyright laws. By using the system, you grant Polaris Graphics, Inc. full license to use any of the information uploaded to the system for any use they choose, this includes photos, videos, text, pdfs and word documents. Though some graphics included in a design may be the property of the customer, website designs as a whole remain the sole poperty of Polaris Graphics, Inc. and as such are available to customers who wish to cancel their SiteMaker account for any reason, at the price as defined by the Custom Design Services Price above. The compilation of all content on this site is the exclusive property of Polaris Graphics, Inc. and protected by U.S. and international copyright laws. They may not be reproduced or used without express written permission from Polaris Graphics, Inc. Use of Information Submitted Polaris Graphics, Inc. is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to Polaris Graphics, including, without limitation, responses to questionnaires or through postings to the PG Sitemaker or Polaris Graphics Web site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the PG Sitemaker Web site or other Web sites. Furthermore, by posting any information on our site, submitting suggestions, or in responding to questionnaires, you grant us a nonexclusive, royalty-free license to display, use, reproduce or modify that information. Your Conduct on the system By accessing the system, you agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the system. You also agree not to interfere with the servers or networks connected to the system or to violate any of the procedures, policies or regulations of networks connected to the system, the terms of which are incorporated herein. You also agree not to impersonate any other person while using the system, conduct yourself in a vulgar or offensive manner while using our service, or use the system for any unlawful purpose. Limitations on Use You must be 18 years of age or older to use the system. Unless otherwise specified, the content on the system is for your commercial use and we grant you a limited license to access the system for that purpose. You may not download (other than through page caching necessary for use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the system without our express written consent. Any unauthorized use of the system or its contents will terminate the limited license granted by us. Right to Terminate We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever. Links Some of the hyperlinks on the system may lead to other Web sites that are not controlled by, or affiliated with, Polaris Graphics, Inc. In addition, other Web sites may link to the system. Polaris Graphics has not reviewed these Web sites and is not responsible for the content or privacy policies of these Web sites. |