|
|
AGREEMENT (terms of use)
This policy agreement (Terms of use) applies to all users of Ysite's website and all it's systems and is supplementary to any additional service agreements.
In this document, unless the context requires otherwise: Ysite, us, we and our means Ysite, a brand of Artroom Ltd. users and reference to you means users of Ysite's network, services and systems, including their affiliates or customers.
The provider of Ysite Site Manager hosts interactive web sites ("Site") on the World Wide Web and provides Site Users with access to its Web Site Building Online Software ("Software") to facilitate the creation and maintenance of Sites for the sale of goods and or display of information.
Users will be seen to be in violation of this agreement if they (or their affiliates or customers) engage in any of the following prohibited activities;
Unacceptable website contents:
1. USERS MAY NOT USE YSITE'S SYSTEMS IN ORDER TO TRANSMIT, DISTRIBUTE OR STORE MATERIAL, OR IN ANY OTHER MANNER
(a) in violation of any applicable law,
(b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others, or
(c) that is obscene, threatening, abusive or hateful.
2. ANY SITE WHICH SELLS OR PROMOTES BULK EMAIL SERVICES ARE NOT PERMITTED.
Other examples of unacceptable content or links are:
¤ Pirated software
¤ Hackers programs or archives
¤ Warez Sites
¤ Media files, exempt: files for which you own the copyright, or have express permission of the copyright user, or are in the public domain, or which have been obtained under a copyleft license.
Server Abuse and other Harmful and Illegal Internet Activities
Any attempts to undermine or cause harm to a Ysite server or any other server on the Internet is strictly prohibited. This includes but is not limited to, using our services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail-bombing, hacking or other unauthorized access and attempts to penetrate Ysite's or other users security systems, or engaging in denial of service attacks. It is also not permitted for any user to engage in activities with the intention of disrupting or interfering with, or that results in the disruption of or interference with, the ability of others to effectively use our services.
3. BACKGROUND RUNNING PROGRAMS
Background daemons in general are prohibited.
4. SITE USERS OBLIGATIONS
4.1 Site User acknowledges and agrees that he/she shall be responsible for all goods and services offered at Site Users Site, all materials used or displayed at the Site, and all acts or omissions that occur at the Site or in connection with Site User's account or password. Certain Sites may be subject to additional requirements.
4.1.1 Site User agrees to display in the Site, Site User's contact information, including but not limited to Site User's name or company name, telephone number or e-mail address. Site User also agrees to update such information to keep it true, accurate, current and complete.
4.1.2 Site User agrees that any and all press releases and other public announcements related to this Agreement and subsequent transactions between the service provider (Ysite) and Site User, including the method and timing of such announcements, must be approved in advance by the service provider (Ysite) in writing. The service provider (Ysite) reserves the right to withhold approval of any public announcement in its sole discretion.
4.1.3 Site User represents and warrants that it has full power and authority under all relevant laws and regulations:
* to offer and sell the goods and services offered at the Site, including but not limited to holding all necessary licenses from all necessary jurisdictions to engage in the advertising and sale of the goods or services offered at the Site;
* to copy and display the materials used or displayed at the Site; and,
* to provide for credit card payment and delivery of goods or services as specified at the Site.
4.1.4 Site User represents and warrants that it will not engage in any activities:
* that constitute or encourage a violation of any applicable law or regulation, including but not limited to the sale of illegal goods or the violation of export control or obscenity laws;
* that defame, impersonate or invade the privacy of any third party or entity;
* that infringe the rights of any third party, including but not limited to the intellectual property, business, contractual, or fiduciary rights of others; and,
* that are in any way connected with the transmission of "junk mail" "spam" or the unsolicited mass distribution of e-mail, or with any unethical marketing practices.
4.1.5 Site User confirms and warrants that it is the user of, or is duly authorized by the user to use, any trademark or name requested or allocated as its Domain Name. Site User further warrants that neither Site User's nor The Service Providers's use or registration of Site User's Domain Name constitutes infringement of any other entity's Intellectual Property Rights.
4.1.6 Site User agrees to be responsible for maintaining backup copies of their own site contents. The Service Provider will not be held liable for maintaining backups of said materials.
4.2 The Service Provider reserves the right to refuse to host or continue to host any Site which it believes, in its sole discretion: (1) offers for sale goods or services, or uses or displays materials, that are illegal, obscene, vulgar, offensive, dangerous, or are otherwise inappropriate; (2) has substantially changed its Site from the time it was accepted; (3) has become the subject of a government complaint or investigation; or (4) has violated or threatens to violate the letter or spirit of the New Zealand's Constitution and/or New Zealand Civil Low
4.3 If you are found to have spammed, then we may immediately, without warning, disable your service. We also reserve the right to refuse or terminate service to known spammers.
4.4 You are permitted to operate bulk mailing lists so long as they use an opt-in process with a clear audit trail and so long as un-subscription requests are honored promptly.
4.5 The Department of Internal Affairs enforces the Unsolicited Electronic Messages Act 2007. Businesses and individuals are able to lay complaints about spam with the ‘Anti-Spam Compliance Unit'. The Department may investigate these complaints and take the appropriate action. Please see http://www.antispam.govt.nz/ for further details on laying a complaint.
5. INTELLECTUAL PROPERTY AND COPYRIGHT VIOLATION
5.1 You must not reproduce, distribute, copy, download, transmit or otherwise exploit any content which infringes any third party intellectual property rights or similar right unless you own or control the relevant rights or have obtained all the requisite licenses and approvals.
5.2 If a copyright user believes that there has been a violation of his/her copyright on a website that is hosted by Ysite, and the copyright user wants Ysite to remove the website or disable the material in question, Ysite may remove the offending material if it is satisfied of the legitimacy of the request on receipt of a Notice of Infringement acceptable to us.
5.3 If Ysite deletes or prevents access to a user's material we know or have reason to believe infringes copyright, we will give notice to the user that the material has been removed or blocked.
6. DEFAMATION
6.1 You must not publish words or images which in our opinion are defamatory or likely to be defamatory of any other person or business.
6.2 If a person wishes to make a complaint regarding defamatory content published on a website that is hosted by Ysite, and the complainant wants Ysite to remove the website or offending content, Ysite may remove the offending material if it is satisfied of the legitimacy of the request.
7. If Ysite deletes or prevents access to a user's material we know or have reason to believe is defamatory, we will give notice to the user that the material has been removed or blocked.
7.1 Ysite does not monitor its clients' websites or activities to determine whether they are in compliance with this policy. However, if Ysite becomes aware of any violation of this policy it may take any action to stop or correct such violation, including but not limited to, shutting down a website, denying access to services, and removing material. In the event of a violation of this policy, no refund of service fees will be applicable and Ysite will not be liable for any damages, costs, harm or loss suffered as a result of its actions in enforcing this policy.
7.2 Ysite reserves the right in its sole and absolute discretion to determine what violates this Acceptable Use Policy (AGREEMENT).
7.3 Ysite may vary this Acceptable Use Policy (AGREEMENT) (at any time by general notice on this website and changes will become effective upon publication.
8. FEES
8.1 Site User shall pay fees as set in the Ysite Pricing in packages. All such fees are payable to Ysite (Artroom Ltd.) and shall be charged on the same day of each period the Site User agreed on the conditions of the package it signed up to. The Service Provider may also, upon 30 days prior notice to Site User, alter its fee schedules and terms of the Acceptable Use Policy (AGREEMENT).
9. TERMINATION
9.1 Termination. Either party may terminate the Acceptable Use Policy (AGREEMENT) on thirty (30) days notice if the other party has materially breached or is otherwise not in compliance with any provision of the Acceptable Use Policy (AGREEMENT), and such breach or noncompliance is not cured within such thirty (30) day period. The Service Provider reserves the right to immediately suspend any customer access to the Site until such breach or noncompliance is cured.
9.2 Deletion of Information. Upon termination, The Service Provider reserves the right to delete from its servers any and all information contained in Site Users account, including but not limited to order processing information, mailing lists, and any Web pages generated by the Software.
9.3 Site User may cancel account at any time within a billing period by using the Delete Account button under Billing/Plan section after login to Site Users account. No any refund will be given.
10. DISCLAIMER OF WARRANTIES AND LIABILITIES
The service provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, including but not limited to warranties of Site User ability, fitness for a particular purpose or non-infringement. Neither this agreement nor any documentation furnished under it is intended to express or imply any warranty that the Ysite Site Manager service will be uninterrupted, timely or error free or that the software will provide uninterrupted, timely or error free service. The security mechanism incorporated has inherent limitations and Site User must determine that the service adequately meets its requirements.
Site User acknowledges and agrees that any material and/or data downloaded or otherwise obtained through the use of the service is done at its own discretion and risk and that Site User will be solely responsible for any damages to its computer system or loss of data that results from the download of such material and/or data.
The service provider, and its parents , subsidiaries, affiliates, officers, directors, shareholders, employees and agents, shall not be liable, under any circumstances or legal theories whatsoever, for any loss of business, profits or goodwill, loss of use or data interruption of business, or for any indirect , special, incidental or consequential damages of any character, even if the service provider is aware of the risk of such damages, that result in any way from Site User use or inability to use the Ysite Site Manager service, or that result from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the Ysite Site Manager or the software.
The service provider's liability to Site User shall not, for any reason exceed the aggregate payments actually made by Site User to the service provider over the course of the existing term.
Some jurisdictions do not allow the exclusion of certain warranties or liabilities, so some of the above exclusions may not apply to you.
11. NO RESALE OR ASSIGNMENT OF SERVICE
Site User agrees not to resell or assign or otherwise transfer its rights or obligations without the express written authorization of the Service Provider.
12. NOTICES
Any notices or communications under this agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to The Service Provider, such notices shall be addressed to info@ysite.co.nz or Po.Box 33439 Christchurch Newzealand. If to Site User, such notices shall be addressed to the electronic or mailing address specified when Site User opens an account with Ysite, or such other address as either party may give the other by notice as provided above.
13. INTELLECTUAL PROPERTY RIGHTS: Ysite (and its owners or founders, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website.
You may not without our prior written permission, in any form or by any means:
a. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website or
b. Commercialize, copy, or sell any information, or items obtained from any part of this Website.
All other matters those are not disclosed in this document (terms and conditions) are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
|
|
|
|
| Articles |
|
|
Basic thoughts on webdesign
Help with essential ideas
The fundamental traits that make a site work are more elusive. Most of these guidelines are just plain common sense, which seems to be a scarce commodity on the web.
|
|
|
|
|
| FAQ's |
|
|
 |
Can I use FTP to upload files to my site?
|
|
|
No, our website tool does not support FTP. You can upload and manage files in the document galery using our web-based interface. Our website builder has been designed with the aim to allow people without technical skills to create feature-rich web sites. We are not trying to compete with companies offering standard FTP-based hosting. |
|
|
|
|
|
|
| PACKAGES |
|
|
Our packages and prices are formed to serve the needs of most people and companies. Please feel free to look around and try all the features you like. To read the complete price list please click the link below.
|
|
|
|
