HOMESTEAD TERMS OF SERVICE
On September 19, 2013, Homestead’s User Agreement was updated to include section 2, a HIPPA Disclaimer and corrected section 17.3. Please review the added and updated sections below.
If you are a Google Get Your Business Online customer, these are your Terms of Service as of September 9, 2013. You may review the previous version here.
HOMESTEAD GENERAL TERMS OF SERVICE. Thank you for choosing the Services offered by Homestead Technologies Inc. or its Affiliates (referred to as "Homestead", "we", "our", or "us") on this website. The terms "you", "your", "User" or "customer" shall refer to any individual or entity who is using this website or Services accessed through or provided on this website, including any content, updates and new releases, features, applications, online communities or promotions (individually and collectively, the "Services"). Please review these Terms of Service ("Terms of Service") thoroughly, as they set forth the terms and conditions of your use of any Homestead products or Services.
1.1 Your use of this website and the products or services provided by Homestead or its Affiliates (as defined below), is governed under these Terms of Service, along with the policies and agreements referenced below, and which are incorporated herein by reference and which you acknowledge and agree to be bound by.
1.2 An "Affiliate" means all Homestead companies and subsidiaries that directly or indirectly, control or are controlled by Homestead, or are under the common control with Homestead. As used in these Terms of Service, control means equity ownership of fifty percent (50%) or greater interest in the voting shares held by an entity.
1.3 The Services are available only to Users who can form legally binding contracts under applicable law. By using the Services, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.
1.4 If you are agreeing to these Terms of Service on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to these Terms of Service, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your agreement to these Terms of Service, Homestead finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in these Terms of Service. Homestead shall not be liable for any loss or damage resulting from Homestead's reliance on any instruction, notice, document or communication reasonably believed by Homestead to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Homestead reserves the right (but undertakes no duty) to require additional authentication from you.
2. HIPAA Disclaimer. We are not “HIPAA compliant.” Users are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. Users acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Homestead does not control or monitor the information or data you store on, or transmit through, our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to “protected health information,” as defined under HIPAA is a material violation of this User Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that Homestead is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you can email us at email@example.com
3. YOUR RIGHTS TO USE THE SERVICES AND RESTRICTIONS
3.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services as expressly provided below, and Homestead reserves all other rights in the Services not granted to you expressly in writing here. As long as you meet any applicable payment obligations and comply with these Terms of Service, Homestead grants to you a personal, limited, nonexclusive, nontransferable, non-sublicensable right to use the Services, subject to the provisions of the Terms of Service, only for the period of use provided in the ordering and activation terms, and only for the purposes described by Homestead on the website for the Services.
3.2 You agree not to use the Services or content on this website in a manner that violates any applicable law, regulation or these Terms of Service. For example, unless authorized by Homestead in writing, you agree you will not:
- Provide access to or give any part of the Services to any third party.
- Reproduce, duplicate, copy, deconstruct, sell, trade or resell the Services.
- Attempt to access any other Homestead systems that are not part of these Services.
- Excessively overload the Homestead systems used to provide the Services.
If you violate any of these terms and/or these Terms of Service your right to use the Services may be terminated by Homestead in its sole discretion
- To give Homestead permission to aggregate your uploaded, non-personally identifiable account data with that of other users of the Service. By way of example, this means that Homestead may use that aggregated data to improve services, design promotions, or provide ways for you to compare business practices with other users.
- Homestead may access or store personal information in multiple countries, including countries outside of the European Union that may be deemed to have inadequate protections; if you are visiting this website from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your account information) across international boundaries. By visiting this website and communicating electronically with us, you consent to such storage and transfers.
5.1 You are responsible for your content. You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") uploaded, posted or stored through your use of this website and/or the Services. You grant Homestead a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services. You agree not use the Services for any illegal purpose or in violation of any applicable local, state, federal or international law. You must provide all required and appropriate warnings, information and disclosure. You are encouraged to archive your Content regularly and frequently. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You agree that you will not use the Services to share, store, or in any way distribute financial data that is not in accordance with the law. Any users suspected of having information which involves perceived or actual fraud, embezzlement, money laundering, insider trading, support for terrorism, or any other activity proscribed by law may have their accounts terminated, their financial data erased, and they also may be reported to law enforcement officials in the appropriate jurisdictions. Homestead is not responsible for the Content or data you submit on the website.
You agree not to use the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
- Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation, conduct that would encourage or constitute an attack or "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
- Content or data that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual's privacy, including posting images about children or any third party without their consent (or a parent's consent in the case of a minor);
- Except as otherwise permitted by Homestead in writing, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
- Virus, trojan horse, worm or other disruptive or harmful software or data; and
- Any information, software or Content which is not legally yours and may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner.
5.2 Community forums. The Services may include or may provide links to community forum(s) (blogs, social media, message boards, etc.) for you to exchange information with other users of the Services and the public. Please use respect when you interact with other users. Not all of community forums are hosted by or affiliated with Homestead. Whether hosted by Homestead or not, Homestead does not support and is not responsible for the accuracy of others' content in any community forums. Do not reveal information in the community forum that you do not want to make public. Users may post hypertext links to content hosted and maintained by third parties for which Homestead is not responsible.
5.3 Homestead may freely use feedback you provide. You agree that Homestead may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Homestead a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Homestead in any way.
5.4 Homestead may monitor your content from time to time. Homestead may, but has no obligation to, monitor content on the Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Homestead or its customers, or operate the Services properly. Homestead, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, illegal, or in violation of these Terms of Service.
5.5 Copyright and Trademark Notices. All components of the Services and related materials, and any Software provided by Homestead as part of the Services (as well as the organization and layout of the Services) and all intellectual property rights therein are owned or licensed by Homestead, its Affiliates or its suppliers, Reproduction, distribution, or transmission of the copyrighted materials related to the Services, which includes the Homestead (and any successor) websites or additional websites or any co-branded websites and any Software, is prohibited without the written permission of Homestead. Any rights not expressly granted herein are reserved. HOMESTEAD, HOMESTEAD.COM, the Homestead logo, SITEBUILDER LITE, SITEBUILDER, HOMESTEAD SITEBUILDER, SMARTSIZING, SMARTSHARING, SMARTLINKING and other Homestead trademarks, logos and product and service names are trademarks of Homestead Technologies Inc., Homestead Inc. or Homestead's licensors (collectively, the "Homestead Marks"). You agree not to display or use the Homestead Marks in any manner whatsoever without Homestead's prior permission. From time to time Homestead may offer a limited license to Users to display Homestead award logos or other symbols of merit on User websites after Homestead, in its sole discretion, confers such distinctions to the applicable Users. However, Homestead reserves the right to withdraw such logos or symbols and delete them for any reason at any time.
5.6 Notification of Claims of Copyright Infringement. Any notifications of claimed copyright infringement on this website should be sent to Homestead's Registered Agent. Please find the contact details for such Registered Agent and the Homestead's Copyright Policy at Homestead's Copyright Policy for more information.
6. ADDITIONAL TERMS YOU AGREE TO
6.1 Homestead services. You may be offered Homestead Services. If you decide to use any of these Homestead Services, additional terms and conditions and separate fees may apply. You acknowledge that in accessing some Homestead Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, and sales among others, to the Internet. You grant Homestead permission to use information about your business and experience to help us to provide the Homestead Services to you, including updating and maintaining your data, addressing errors or service interruptions, and enhancing the types of data and services Homestead may provide to you in the future. You grant Homestead permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. We may use this data to improve services and to compare business practices with other company standards. We may use your data to create, market or promote new Homestead offerings to you and others. You also grant Homestead permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
6.4 You will track your passwords and accept updates. You are responsible for securely managing your password(s) for access to the Services. If you become aware of any unauthorized access to your Services account, theft or loss of your password, you agree to contact Homestead as soon as possible. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve and enhance the features and performance of the Services. If applicable, you agree to receive and allow installation of these updates automatically as part of the Services, failure to do so may result in termination of your Services by Homestead.
User expressly agrees and acknowledges that:
- it grants to Homestead a license to cache the entirety of the User Content and User's Web site, including content supplied by third parties, hosted by Homestead under this Agreement and
- agrees that such caching is not an infringement of any of User's intellectual property rights or any third party's intellectual property rights.
7. DISCLAIMER OF WARRANTIES
7.1 YOUR USE OF THIS WEBSITE AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS EXPRESSLY DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOMESTEAD, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE OR DATA PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY REFERRED TO AS, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. HOMESTEAD AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF SERVICE OR YOUR USE OF THIS WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE.
7.2 HOMESTEAD AND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW OR REGULATIONS
8. LIMITATION OF LIABILITY AND INDEMNITY.
8.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF HOMESTEAD, AND ITS AFFILIATES AND SUPPLIERS FOR ALL MATTERS OR CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE THREE (3) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, HOMESTEAD AND ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET HOMESTEAD SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF HOMESTEAD AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF HOMESTEAD, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
8.2 YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
8.3 THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF SERVICE OR YOUR USE OF THIS WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE.
8.4 You agree to indemnify and hold Homestead and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of this website or the Services or breach of these Terms of Service (collectively referred to as "Claims"). Homestead reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Homestead in the defense of any Claims. The indemnification obligations under this section shall survive any termination or expiration of these Terms of Service or your use of this website or the Services found at this website.
9. CHANGES TO THIS AGREEMENT OR THE SERVICES. We may change these Terms of Service from time to time, and the changes will be effective when posted on our website for the Services or when we notify you by other means. Please review these Terms of Service periodically on this website for changes. We have the right to change any of the terms of these Terms of Service upon reasonable notice to you. We may also change or discontinue the Services, in whole or in part, including but not limited to, the Internet based services, pricing, technical support options, and other product-related policies. Any such changes are effective when posted or as otherwise stated in the mode of notification(s), and your continued use of the Services after Homestead posts or otherwise notifies you of any changes indicates your agreement to the changes.
10. TERMINATION. Homestead may immediately and without notice terminate this Agreement or suspend the Services provided to you if you fail to comply with these terms or if you no longer agree to receive electronic communications (see Section 5.3). Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Homestead's rights to any payments due to it. Homestead may terminate a free account at any time. Other requirements regarding termination or cancellation of the Services may apply based on the specific ordering terms for the Services provided to you.
11. EXPORT RESTRICTIONS. You acknowledge that this website, the Services, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations, and will not export or re-export the Services, or any part of the Services, in violation of these laws and regulations, directly or indirectly. You also agree not to provide access to any part of the Services to anyone who you have reason to know may use the Services in in violation of any applicable laws or regulations, directly or indirectly. The obligations under this section shall survive any termination or expiration of these Terms of Service or your use of this website or the Services found at this website.
12. GOVERNING LAW AND JURISDICTION. [California state law governs these Terms of Service without regard to its conflicts of laws provisions. To resolve any legal dispute arising from these Terms of Service, you and Homestead agree to the exclusive jurisdiction of state courts in Santa Clara County, California U.S.A. or federal court for the Northern District of California.] Homestead does not represent that information on the website for the Services is appropriate or available for use in all countries. Homestead prohibits accessing materials from countries or states where contents are illegal. You are accessing this website on your own initiative and you are responsible for compliance with all applicable laws.
13. GENERAL. These Terms of Service replace any prior agreement, understandings or communications between you and Homestead, whether verbal or written, with respect to Homestead's provision of the services described herein. If any part of these Terms of Service is deemed invalid in any court of law having jurisdiction, that section will be removed without affecting the validity or enforceability of the remainder of these Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Service. These Terms of Service shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. Homestead may assign or transfer this agreement without your consent for any reason to an Affiliate, to a successor by merger, or to another entity by acquisition or sale of Homestead's assets or otherwise. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
14. USE LIMITATIONS.
14.1 You agree not to sell, distribute, disseminate or link to any sites for marketing, sales, distribution of: firearms, explosives, ammunition, tobacco (including e-cigarettes), alcohol products as well as any products or services that (i) you cannot legally sell, (ii) are misrepresented, and/or (iii) if sold using the website building Services, could cause Homestead or its Affiliates to violate any law, statute or regulation.
14.2 Homestead may require you to place all or any portion of the Content behind password protection if Homestead determines that such Content is inappropriate for the community at large but does not otherwise violate the terms of these Terms of Service. If Homestead has requested you to place Content behind password protection or if you independently determine that the Content appropriately belongs behind password protection, you may not publish the password in such a way that negates the limited-access nature of the password protected site. If Homestead requests you to place any Content behind password protection and you fail to do so promptly, Homestead reserves the right to (a) place such Content behind password protection itself, or (b) terminate these Terms of Service.
14.3 You hereby acknowledge that Homestead may, from time to time, establish general practices and limits concerning the use of the Homestead Services, including (a) the maximum number of days that email messages, guest book entries, discussion board postings or other content posted on your website will be retained by Homestead, (b) maximum limits on bandwidth usage that will be allotted to you, (c) maximum limits on storage space, (d) the maximum number of websites per member account, (e) maximum number of photographs or other data according to the type of member account, (f) maximum limits on the number of pages within each member website, and (g) maximum time limitations for the retention of Content following a Trial Period or account cancellation. Homestead further reserves the right to delete at any time without prior notice duplicate images uploaded for printing. Any of the foregoing limits will be consistent with the Homestead Services (including any upgrades) for which you have registered. You agree that Homestead has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Homestead Services. You further acknowledge and agree that Homestead reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. You also acknowledge that any references to unlimited websites ("Unlimited Sites") offered per paying account shall be defined as not exceeding 99 sub domain sites per paying account. Homestead reserves the right to charge you for any third party fees associated with the creation of additional sites, including but not limited to domain registration fees.
14.4 You warrant and represent that you own or otherwise control the rights to the Content and grant Homestead a worldwide, royalty-free, non-exclusive license to (i) host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display the Content on and through the Service and in promotional or advertising materials (only for the limited purpose of promoting the Services), and (ii) sublicense to third parties such Content to the extent necessary for the creation and maintenance of, in part or in whole, such Services and materials.
15. USER RESPONSIBILITIES
You are solely responsible for making back-up copies of your web site and Content.
Homestead does not maintain backup copies of User Web sites or e-mail. Homestead cannot guarantee that the contents of a Web site will never be deleted or corrupted, or that a backup of a Web site will always be available. Users should always copy all content of a Web site to a local computer and Homestead strongly suggest that Users make an additional copy (on tape, CD, multiple floppy disks, another desktop, or elsewhere) to ensure the availability of the files. IT IS THE USER'S SOLE RESPONSIBILITY TO MAKE OFFLINE, BACK-UP COPIES OF THE USER'S WEB SITE AND USER CONTENT AND DATA. NOTE: IT IS ESSENTIAL THAT USERS BACKUP FILES OFFLINE, EVEN IF USER PURCHASES OR HAS PRODUCTS, SUCH AS SITE BACKUP AND RESTORE.
16. ADDITIONAL PRODUCTS AND SERVICES
16.2 Internet Domain Names. Independent Third Party Domain Name Vendors ("TPDNVs") who are ICANN accredited registrars, provide domain name registration services. You hereby authorize Homestead if requested, to transfer in or acquire your selected domain name from TPDNVs. In order to receive a domain name, you must agree and remain agreeable through the use of the domain name, to the TPDNVs' terms of service which the TPDNVs may change at any time in their sole discretion. You understand that you are creating a separate contractual relationship between you and the TPDNVs, and that you, and not Homestead or its Affiliates, are responsible for all liability, and obligations in connection with that relationship. For more information, please see the Domain Name Services Agreement (a service offered in conjunction with Tucows, Inc.).
16.2.1 If, after registering one or more domain names that are included with any Homestead Service package, because of your incorrect registration of a domain name or otherwise, you choose to delete a previously registered domain name and subsequently register one or more additional different domain names, you will be charged the resulting domain name registration fees.
16.2.2 You will be listed as the registrant and administrative contact in connection with your domain name; however, Homestead or its Affiliates may temporarily list itself as the registrant and administrative contact in the event that it changes to a different TPDNV until the TPDNV's change is completed. You hereby authorize Homestead or its Affiliates to list itself as the billing contact, technical contact and name servers in connection with your domain name and to take any actions Homestead deems appropriate in those capacities. However, upon termination of the Service, Homestead and its Affiliates will immediately cease acting in those capacities including switching registrars. After such time, neither Homestead nor its Affiliates will be responsible to forward any notices, emails or other correspondence to you or to take any other actions in connection with your domain name. Additionally, in the event that your account is suspended by Homestead for lack of payment or any other reason, Homestead shall not renew any domain names that may become due for renewal during the suspension of the account. You will be solely responsible for all ongoing fees, as well as removing Homestead or its Affiliates as the billing, technical contact and name servers in connection with your domain name.
16.3 Email. Some accounts may have email services provided by an independent Third Party Email Services Vendor ("TPESV"). We are not responsible for the actions or inaction of the then current TPESV or the unavailability or malfunction of their network or services. Homestead is not a party to, and shall not be involved in or responsible for, transactions, agreements, and/or disputes between you and the TPESV ("TPESV Dispute"). In the event of a TPESV Dispute, you hereby release Homestead and its Suppliers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. By using email services, you agree to the terms and conditions contained in the "Acceptable Use Policy" and "Mass Mailing Policy" incorporated herein.
16.4 Storefront. A third party store vendor ("TPSV") provides e-commerce services. Neither Homestead nor its Affiliates are responsible for the actions or inaction of the then current TPSV or the unavailability or malfunction of their network or services. Neither Homestead nor its Affiliates are a party to, and shall not be involved in or be responsible for, transactions, agreements, and/or disputes between you and the TPSV ("the TPSV Dispute"). In the event of a the TPSV Dispute, you hereby release Homestead and its Suppliers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. By using these Homestead Services, you agree to the following additional terms and conditions:
- Hosting Services. Homestead grants you the right to develop and operate an online storefront ("Store") on the server, subject to and in accordance with the terms of these Terms of Service and such hosting policies, procedures and specifications as Homestead may, by written notice to you, establish from time to time Hosting Policies and Procedures which you will be notified of and which will be incorporated herein by reference as of the date of such notification"). The Hosting Policies and Procedures, if any, are incorporated in these Terms of Service in their entirety.
- Prohibited Uses. In addition to all restrictions set forth above, you shall not use, nor permit any third party to use, the Store(s) or the website or any part thereof: (i) to violate any federal, state or local law, (ii) to transmit any obscene communication, (iii) to promote any illegal activities, (iv) to violate any intellectual property rights (v) to attempt to overcome or penetrate any security measures on the server, or (vi) to upload or transmit any virus or harmful agent. You acknowledge that you may be subject to civil or criminal liability under the laws of various governmental jurisdictions as a result of any failure to abide by the provisions of this paragraph.
- Control. You will be solely responsible for the development, operation and maintenance of the Store(s) and all content and materials appearing in the Store(s), including without limitation (i) the technical operation of the Store(s), (ii) the accuracy and appropriateness of content and materials appearing in the Store(s), (iii) ensuring that the content and materials appearing in the Store(s) do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy or other personal or proprietary rights), (iv) ensuring the privacy and security of any financial data you collect in connection with your customers and/or any transactions and (v) ensuring that the content and materials appearing in the Store(s) are not libelous or otherwise illegal. You also will be solely responsible for accepting, processing and filling any customer orders generated through the Store(s), and for handling any customer inquiries and complaints arising there from. You shall inspect and monitor the Store(s) as frequently and extensively as necessary to ensure its proper operation and compliance with the provisions of these Terms of Service, and to uncover any problems with the Store(s). To the fullest extent permitted by law, the Store(s) will be deemed to be exclusively "under the control" of you and not "under the control" of Homestead or its Affiliates and Suppliers.
16.5 Homestead Technologies Design Services and Search Engine Optimization Services.
16.5.1 USE LIMITATIONS. IMPORTANT NOTICE. If you are using Homestead Technologies Design Services and Search Engine Optimization Services, the following terms apply to you in addition to the Homestead General Terms of Service above. Capitalized terms not otherwise defined below have the meanings provided in the General Terms of Service.
16.6. Website TrafficBooster Service.
16.6.1 USE LIMITATIONS. IMPORTANT NOTICE. If you are purchasing the TRAFFICBOOSTER Service formerly provided by Intuit and now provided by Homestead ("TrafficBooster Service") the following terms apply to you in addition to the Homestead General Terms of Service above.
16.6.2 Upon successful installation of the TrafficBooster Service, you consent and agree to allow Homestead or its Suppliers to enhance some of your Content to make it more discoverable through organic or natural search results by performing the following:
- Use your Content to create a footer for the Homestead Services to display: 1) your structured business information including but not limited to business name, address, industry and other details; 2) dynamic keywords that are generated by comparing your Content against underserved keywords on search engines;
- Optimize the page title of each page of the Homestead Services by comparing your Content against underserved keywords on search engines; and
- Create a new or use your existing business profile on Homestead's Business Directory, or links to your existing WebListings profile.
If you cancel the TrafficBooster Service, you will not receive a refund of your fee or continue to have access to the TrafficBooster Service.
16.7 America Get Your Business Online.
16.7.1 If you are participating in the America Get Your Business Online program formerly provided by Google and Intuit and now provided by Google and Homestead, your use of the Services provided by Homestead are also subject to the following terms:
18.104.22.168 You understand and agree that this offer of the Services is only eligible to small businesses and is not available to individuals or consumers.
22.214.171.124 You understand and agree that this offer of the Services is only available on the basis of one website and one domain name per small business.
126.96.36.199 You understand and agree that this offer of the Services is only available to new website customers participating through the America Get Your Business Online program.
188.8.131.52 You understand and agree that you will receive the free custom domain only upon publishing your website.
17. BILLING PAYMENTS AND CANCELLATION
17.1 Services may be terminated by Homestead in its sole discretion.
17.2. Payment. For Services offered on a payment or subscription basis, the following terms apply, unless Homestead notifies you otherwise. These Terms of Service also incorporate by reference and include program ordering and payment terms provided to you on the website for certain Services:
- Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
You must pay with one of the following:
- A valid credit card acceptable to Homestead;
- A valid debit card acceptable to Homestead;
Sufficient funds in a checking or savings account to cover an electronic debit of the payment due;
- By another payment option Homestead provides to you in writing.
- If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
- Homestead will automatically renew your monthly or annual Services at the current rates, unless the Services are cancelled or terminated under these Terms of Service.
17.3 Free Trial Terms. If you signed up for a free trial, the following terms and conditions apply to your free trial offer.
- Following the expiration of your trial period, you will be automatically charged for the remainder of the term using the credit card you previously provided unless you cancel the Services prior to the expiration of the trial period.
- If you have not provided Homestead with your credit card information and you have not decided to purchase the Services prior to the expiration of the trial, the Services will not be automatically renewed and your access to your website and files may be limited or terminated completely upon expiration.
17.4 Free Offers. In order to maintain your free account, you must log into your account at least once every six months. Failure to log into your account at least once every six months may result in your account being deactivated or terminated. Homestead may but is not obligated to send you reminders to log in before your account is deactivated or terminated. It is solely your responsibility to ensure that your account details are up to date and to review emails from Homestead that may contain important information regarding your account.
17.5 Cancellation. You may cancel your account or any part of the Services at any time. Homestead will not refund any pre-paid fees upon such termination or cancellation. [To cancel your subscription, you must call 1-800-710-1998 from the U.S. or Canada, or (International Access Code) 214-387-2053 from all other countries (note: International calls are not toll-free). Homestead reserves the right to collect fees, surcharges or costs incurred before you cancel your account in addition to the applicable cancellation fee(s).]
You must provide us with the following information in order for us to process the cancellation:
- The exact name of the Homestead Services that you would like to cancel
- Your username and personal identification number (PIN)
- Your email address
- Your billing information, including the credit card number that was used when purchasing the Homestead Services
- Reason for canceling the Homestead Services
Upon termination of your account for any reason, Homestead reserves the right to (a) collect all charges, fees, commitments and obligations incurred or accrued by you; (b) delete any of your Content, listings, messages or other information in connection with your Account; (c) prohibit your access to your Account, including without limitation by deactivating your password; and (d) refuse your future access to the Service. In no event shall Homestead be required to refund, redeem, or pay amounts to you upon termination of the Website Service or return any of your Content.
18. VIOLATIONS. Please report any violations of these Terms of Service on our Violation Report form.
Last Updated September 19, 2013
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