ACCEPTANCE OF TERMS
This website creation and hosting service (the "Service"), is provided by Viviti Technologies, Inc. operating as VivitiCMS.com ("Viviti"). Your use of the Service is subject to your agreement to these Terms of Service ("TOS"). Viviti reserves the right to update and change the TOS from time to time without notice or acceptance by you. You can view the most current version of the TOS at any time by visiting: viviticms.com/about/tos. Please review these Terms of Service from time to time so you will be apprised of any changes. The TOS will also be applicable to the use of the Service on a trial basis. By using the Service, you signify your irrevocable acceptance of this TOS.
Viviti may also offer other services from time to time that may be governed by the terms of service of the respective service partners.
Because the Terms of Service contain legal obligations, please read them carefully. Failure to comply will result in account termination and will subject you to further legal liability.
DESCRIPTION OF SERVICE
The Service is web-based and registered users (each an “Account Holder”) to create and update an online website on viviticms.com. Once registered with the Service, each Account Holder receives his or her own Web Site to post “Content” (as such term is defined in these TOS). Unless explicitly stated otherwise, any new features, including the release of new Viviti tools and resources, shall be subject to the TOS. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You also understand and agree that the service may include certain communications from Viviti, such as service announcements, administrative messages and the Viviti Newsletter, and that these communications are considered part of Viviti membership and you will be able to opt out of receiving them.
In order to use the Service, you must have a valid Viviti ID. To be an Account Holder with your own website, you must provide Viviti with a valid email address and other information ("Registration Data"). As an Account Holder, you will choose a password and account designation for your websites during the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Viviti in writing of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Viviti cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3. In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Viviti has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Viviti has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Users under 13 years of age are prohibited from using the Service.
CANCELLATION AND TERMINATION
If you cancel the Service, your cancellation will take effect immediately. After cancellation, you will no longer have access to your Web site and all information contained therein may be deleted by Viviti. Viviti accepts no liability for such deleted information or content.
You agree Viviti, in its sole discretion, may suspend or terminate your password, and/or account, and remove and discard any Content within the Service (including, but not limited to your website if you are an Account Holder), for any reason, including and without limitation, the lack of use, or if Viviti believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted website (as applicable) and all its parts, at Viviti's discretion, will be terminated as well. Viviti may also in its sole discretion and at any time, temporarily or permanently discontinue providing the Service, or any part thereof, to you or anyone else with or without notice for any reason or for no reason at all. You agree that any termination or suspension of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Viviti may immediately deactivate or delete your website, as applicable, and all related information and files. Viviti reserves the right to bar any further access to such files or the Service. You agree that Viviti shall not be liable to you or any third-party for any termination or suspension of your access to the Service.
Three month package payments are fully refundable up to 7 days from the date of purchase. Notify us in writing, and include a copy of your purchase receipt, within 7 days of the date of purchase and we will provide a full refund of your payment, if applicable.
Yearly package payments are fully refundable up to 30 days from the date of purchase. Notify us in writing, and include a copy of your purchase receipt, within 30 days of the date of purchase and we will provide a full refund of your payment, if applicable.
EMAIL SERVICE AND DOMAIN NAME PURCHASES ARE NON-REFUNDABLE.
UNDER NO CIRCUMSTANCES WILL VIVITI BE RESPONSIBLE FOR ANY CHARGES (INCLUDING NSF CHARGES) YOU INCUR AS A RESULT OF ERRONEOUS CHARGES AGAINST YOUR CREDIT CARD OR PAYPAL ACCOUNT, OR AS A RESULT OF YOUR FAILING TO CANCEL YOUR ACCOUNT AND/OR AUTOMATIC PAYMENTS IN A TIMELY FASHION.
OWNERSHIP OF WEBSITE ACCOUNT AND SECURITY
You are responsible for maintaining the security of your account and website, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You agree to immediately notify Viviti in writing of any unauthorized uses of the account or any other breaches of security. Viviti cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Viviti be liable, in any way, for any acts or omissions by an Account Holder or a Guest, including any damages of any kind incurred as a result of such acts or omissions.
CONTENT AND CONDUCT RULES AND OBLIGATIONS
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content") are the sole responsibility of the person from which such Content originated. You, and not Viviti, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. Viviti does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Viviti be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that Viviti does not pre-screen Content, but that Viviti and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move or delete any Content that is available via the Service. Without limiting the foregoing, Viviti and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable in Viviti’s sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Viviti or submitted to Viviti. You acknowledge and agree that Viviti may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Viviti, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in Viviti's sole discretion as to what action should be taken.
You agree that you will not:
- upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- associate Viviti and/or the Service with any childlove site, material, content or activities;
- impersonate any person or entity, including, but not limited to, a Viviti official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
- upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (a) sending mass email to recipients who haven't requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;
- upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
- upload, post or otherwise 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;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, or international law;
- 'stalk' or otherwise harass another;
- promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
- offer for sale or sell any item, good or service that (a) violates any applicable law or regulation, (b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (c) Viviti determines, in its sole discretion, is inappropriate for sale through the Service provided by Viviti;
- use the Service as a forwarding service to another website;
- solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
- exceed the scope of the Service that you have signed up for; for example, accessing and using the tools that you do not have a right to use;
- make any unauthorized automated use of the system.
If any user is reported to be in violation with the letter or spirit of these terms, Viviti retains the right to terminate such account at any time without further warning.
With respect to any additional software that may be made available by Viviti in connection with the Service, if you elect to download or access such additional software or third party Content made available to through the Service, you understand that you may have to agree to additional terms and conditions before you use such software or third party Content.
You also agree that the use of any third party software or Content obtained through the Service does not transfer to you any rights, title or interest in or to the software or such Content, and that you will not use any Content made available to you through the software or the Service except as expressly authorized under that third party provider's terms of service or license. For greater certainty, by downloading software or Content made available through the Service, you are deemed to agree to the terms of service or license agreement posted on the Service, the terms of which are incorporated by reference herein for the benefit of such third party providers. If you do not agree to the terms of service or license agreement, do not download the software or Content.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.
Viviti does not claim ownership of the Content you place on your Viviti website. By submitting Content to Viviti for inclusion on your Viviti website, you grant a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your website on Viviti's Internet properties. This license exists only for as long as you continue to be a Viviti customer and shall be terminated at the time your Web site is terminated.
You acknowledge that Viviti does not pre-screen Content, but that Viviti and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Viviti and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You understand and agree that the Service may include advertisements and that these advertisements are necessary for Viviti to provide the Service. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Viviti shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Viviti has no control over such sites and resources, you acknowledge and agree that Viviti is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Viviti shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You agree to indemnify and hold Viviti, and its subsidiaries, affiliates, officers, director’s, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your Guests activities, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.
RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Viviti.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Viviti may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time without notice to you.
MODIFICATIONS TO SERVICE
Viviti reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Viviti shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
VIVITI'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Viviti or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VIVITI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- VIVITI WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, VIVITI IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. VIVITI DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VIVITI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VIVITI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. The TOS and the relationship between you and Viviti shall be governed by the laws of the Province of British Columbia without regard to its conflict of law provisions. You and Viviti agree to submit to the personal and exclusive jurisdiction of the courts located within British Columbia, Canada. The failure of Viviti to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and Viviti and govern your use of the Service, superseding any prior agreements between you and Viviti (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Viviti services, third-party content or third-party software. If any provision of the TOS or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Personal and Business Accounts.
Viviti may, from time to time designate certain account types or packages as for business or commercial purposes (a “Business Account”) or for non-commercial, personal use (a “Personal Account”). You may only use the Products and Services through a Personal Account for personal, non-commercial purposes. In the event you wish to use the Products and Services for a commercial or business purpose, you must use a Business Account, or such other account as is designated by Viviti. The determination as to whether or not a particular use is for personal, non-commercial purposes shall be in Viviti’s sole discretion.
Bandwidth and Disk Usage
Viviti provides users with bandwidth, disk space and other resources, such as e-mail, database, and/or file-transfer-protocol ("FTP") accounts, the amount of which is defined in Viviti's web pages describing the package of Products and Services purchased at the time of purchase. In some cases, Viviti may choose not to establish a specific amount of bandwidth, disk space and other resources, and refer to that as "Unlimited". In all cases, the Products and Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. Viviti reserves the right to suspend, discontinue or delete the accounts of users whose use of disk space, bandwidth or other resources results in or presents the risk of degradation of service to other customers, regardless of the amount of disk space, bandwidth or other resources included in the user''s plan. You agree that such usage shall not exceed the amounts set by Viviti for the Products and Services purchased (the "Agreed Usage") and is additionally subject to normal usage guidelines established by Viviti as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and user''s active electronic mail services related solely to user''s web hosting account(s) with Viviti. Hosting space is intended for normal use only, and is limited to web files, active e-mail and content of the hosted Web sites, not for storage (whether of media, e-mails, personal files or other data without limitation). You are responsible for removing any files, e-mails or other data which do not meet these requirements, and for adhering to any usage requirements or limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials (including without limitation files and e-mails), and/or in discontinuation of your services or account, which actions we may take in our sole discretion. Viviti will monitor your use of bandwidth, disk usage and other resources. Viviti, in its sole discretion, shall have the right to take any corrective action if your utilization of bandwidth, disk usage or other resources exceeds the Agreed Usage, normal usage, or is used for other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Products and Services, removal or deletion of your web site, Content, electronic mail and e-mail services and/or other materials and services or termination of your account and of this Agreement, which actions may be taken in Viviti''s sole and absolute discretion. If Viviti takes any such corrective action under this section, you shall not be entitled to a refund or credit of any fees paid prior to such action.
For greater certainty, you may only use your Viviti account to create web sites for your own personal use, or for a single business. If you wish to create web sites for more than one business, or individual, each business or individual must have a separate account. You agree to comply with all applicable laws, rules and regulations regarding your Web site, user Content and/or your electronic mail services, including use of bandwidth, disk usage and other resources and will use such services and resources only for lawful purposes. You are responsible for complying with any usage requirements or limits for bandwidth, disk space or other resources, and monitoring such usage to ensure your web site does not violate such requirements or exceed any such limits allocated for the account(s) and otherwise complies with this Agreement.
Please email firstname.lastname@example.org to report any violations of the TOS.