Terms of Service
Artisteer.net is a free service for Artisteer users. It is designed to provide the control and flexibility allowing users to create and host unique-looking websites and blogs. Users are responsible for the published content, making sure that none of the prohibited items: spam, viruses, or hate content, etc., appear on user websites and blogs or are linked to user websites or blogs.
The below Terms of Service available under a Creative Commons Share-alike license, http://creativecommons.org/licenses/by-sa/3.0/, meaning that licensees may distribute derivative works only under a license identical to the license that governs the original work, however, the reference and/or to Artisteer and Artisteer.net is appreciated placed somewhere on a website or a blog.
Terms and Conditions
The following terms and conditions ("Agreement") govern all use of Artisteer.net, these terms of service and all content, services and products available at or through the Website, including the Premium Paid Services described below.
Please read the following carefully before accessing and/or using Artisteer.net. By accessing or using the Website or any its part, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access Artisteer.net or use any its services. To be able to use Artisteer.net, an individual MUST BE at least 13 years old.
Creating a website or a blog on the Artisteer.net, the user is fully responsible for maintaining the security of the account, moreover, for all activities that occur under the account and any other actions taken in connection with the user website or blog. The users are prohibited to describe or assign keywords to own website or blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Artisteer.net may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Artisteer.net's liability. The user MUST notify Artisteer.net immediately of any unauthorized uses of a website or a blog, a user account or any other security breaches. Artisteer.net IS NOT liable for any acts or omissions by a user, including any damages of any kind incurred as a result of such acts or omissions.
Operating a website or a blog, commenting on a blog, posting materials to the Website or links on the Website ("Content"), or making own or any third-party Content available via Artisteer.net, users are entirely responsible for the Content, and any harm resulting from that Content, regardless of whether the Content constitutes text, graphics, an audio file, or computer software.
By making Content available, a user represents and warrants that:
- the Content use in the form of posting, copying, downloading, etc. will not infringe the proprietary rights of any third party, including, but not limited, to the patent, trademark, copyright, or trade secret rights;
- if a user creates intellectual property with employer rights, a user has either (a) received a written permission from an employer to post or make available the Content, including, but not limited, to any software, or (b) a secured waiver from an employer to all rights for the Content;
- a user has fully complied with any third-party licenses related to the Content, and has done all things required to pass successfully through any terms;
- the Content is not pornographic, libelous, defamatory, threatening, or inciting violence towards any individuals or entities, and it does not violate any third-party's privacy or publicity rights;
- the Content does not contain or install any malware, viruses, worms, "Trojan horses" or other destructive or harmful software;
- the Content is not spam, is not automatically generated, and it does not contain any unwanted, unethical, and/or commercial materials created to drive traffic to third-party websites, to boost the search engine rankings of third-party websites, to do any unlawful acts, such as phishing, or to mislead recipients about the source of the material, such as spoofing;
- the website or blog is not being advertised in any unwanted electronic materials, including newsgroup spam links, email lists, other websites and blogs, and any other unsolicited promotional methods;
- a website or a blog is not named to mislead readers or visitors of representing another person, company or organization;
- in the case of Content that includes computer code, a user has categorized and/or described accurately the nature, type, uses and effects of the provided sources.
By submitting the Content to Artisteer.net for inclusion on user's website or blog, users grant Artisteer.net a world-wide, royalty-free, and non-exclusive license to modify, adapt, publish, and reproduce the Content solely for the purpose of displaying, distributing and promoting a website or a blog.
In case of the Content deletion, Artisteer.net will use reasonable efforts to remove it from the Artisteer.net, but a user acknowledges that references or caching to the Content may not be made unavailable immediately.
Artisteer.net has the right, not the obligation to, in Artisteer.net's sole discretion (a) to refuse or to remove any content that, in Artisteer.net's reasonable opinion, violates any policy or is harmful or objectionable in any way, or (b) to terminate or to deny access to Artisteer.net to any individual or entity for any reason, without limiting any of the above mentioned representations or warranties. I case of providing any Premium Services, Artisteer.net will have no obligation to refund any amounts paid previously.
Artisteer.net provides a user with ten (10) megabyte disk space on Artisteer.net servers. The disk space if intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. Artisteer.net reserves the right to suspend, discontinue or delete the accounts of users whose use of disk space results in or presents the risk of service degradation to other customers. A user agrees that such usage shall not exceed the above-mentioned amount and is additionally subject to normal usage guidelines to be established by Artisteer.net as in effect from time to time. A user is responsible for complying with requirements for using disk space, and monitoring such usage to ensure the website or blog does not violate exceed any limits allocated for the account.
Premium Paid Services
Optional premium paid services, such as extra storage and domain purchases will be available on Artisteer.net. By selecting a premium service a user agrees to pay Artisteer.net the monthly or annual subscription fees indicated for that service. Payments will be charged on the day of the signing up for a premium service covering the service use for a monthly or annual period as indicated. Premium service fees are not refundable.
A user has the ability to make requests for technical assistance at any time by submitting a support request at Artisteer support, at http://www.artisteer.com/?p=support . Artisteer.net will make reasonable efforts to respond to a request within one business day.
Artisteer.net is unable to review, has not reviewed all of the material, including computer software, and, therefore, is not responsible for the Content posted to Artisteer.net, use or effects of the Content. Artisteer.net does not represent or imply that it endorses the Content posted to Artisteer.net, or that it believes such Content to be accurate, useful or non-harmful. Website or blog visitors are responsible for taking necessary precautions to protect themselves and their computer systems from viruses, worms, "Trojan horses", and other harmful or destructive Content. Artisteer.net disclaims any responsibility for any harm resulting from the use by visitors of Artisteer.net, or from any downloading by visitors of Content posted by users at Artisteer.net.
Artisteer.net is unable to review, has not reviewed all of the material, including computer software, made available through the websites and blogs and links from Artisteer.net websites or blogs, and links to Artisteer.net. Artisteer.net does not have any control over third-party websites, and, therefore, is not responsible for their Contents or their use. Links to a third-party websites, Artisteer.net does not represent or imply that it endorses such websites.
Artisteer.net asks others to respect its intellectual property rights, as it respects the intellectual property rights of other owners. If any material located on or linked to by Artisteer.net violates the copyright, Artisteer.net encourages to notify it in accordance with the Artisteer.net's Digital Millennium Copyright Act ("DMCA") Policy.
Artisteer.net will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Artisteer.net or others, Artisteer.net may, in its discretion, terminate or deny access to Artisteer.net. In the case of termination, Artisteer.net will have no obligation to refund any amounts previously paid to Artisteer.net.
This Agreement does not transfer any intellectual property from Artisteer.net or third-party to users or visitors. All rights, titles and interests in and to such property will remain, as well as between the parties, solely with Artisteer.net.
Artisteer.net, the Artisteer logos, and all other trademarks, service marks, graphics and logos, used in connection with Artisteer.net, are trademarks or registered trademarks of Artisteer.net or its licensors. Other trademarks, service marks, graphics and logos used in connection with Artisteer.net may be the third-party trademarks. Using Artisteer.net grants no rights or licenses to reproduce any Artisteer.net or third-party trademarks.
Artisteer.net reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is user's responsibility to check this Agreement periodically for changes. A continued use or access of Artisteer.net, following the posting of any changes to this Agreement, constitutes acceptance of made changes.
In the future, Artisteer.net may offer new services and features through the Artisteer.net. All new services and features are will be subject to the terms and conditions of this Agreement.
Artisteer.net may terminate the access to all or any part of Artisteer.net at any time, with or without cause, with or without notice, effective immediately. To terminate this Agreement or user account at Artisteer.net, a user may simply discontinue using Artisteer.net.
If a user uses Premium Paid Services, such Artisteer.net terminate such account only if a user materially breach this Agreement and fail? to cure such breach within thirty (30) days from Artisteer.net's notification.
All provisions of this Agreement surviving termination by their nature will survive termination without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Artisteer.net is provided "as is", and Artisteer.net and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Artisteer.net nor its suppliers and licensors makes any warranties that Artisteer.net will be error free or that access to Artisteer.net will be uninterrupted and continuous. Downloading from or obtaining materials or services through Artisteer.net is done fully on user's own discretion and risk.
In no event, Artisteer.net, or its suppliers or licensors, will be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory: (a) for any incidental, special or consequential damages; (b) for the cost of procurement or substitute products or services; (c) for interruption of use or loss or corruption of data; or (d) for any amounts that exceed the fees paid to Artisteer.net under this Agreement during the twelve (12) month period prior to the cause of action. Artisteer.net will have no liability for any failure or delay due to matters beyond reasonable control. The foregoing will not apply to the extent prohibited by applicable law.
General Representation and Warranty
A user agrees to indemnify and hold harmless Artisteer.net, its contractors and licensors, their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of Artisteer.net, including but not limited to the violation of this Agreement.
This Agreement constitutes the entire agreement between Artisteer.net and a user concerning the subject matter, and it may only be modified by a written amendment signed by an authorized executive of Artisteer.net, or by the posting a revised version by Artisteer.net. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access or use of Artisteer.net will be governed by the laws of the state of Nevada, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights, which may be brought in any competent court without the posting of a bond, any dispute arising under this Agreement will be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Las Vegas, Nevada, in the English language and the arbitrary decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement will be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach, in any one instance, will not waive such term or condition or any subsequent breach. A user may assign own rights under this Agreement to any party that consents to, and agrees to be bound by its terms and conditions. Artisteer.net may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.