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Terms Of Service

By using the www.ugal.com (or any of its sub-domains or associated domain names) online service ('the service'), to create and maintain your website, you ('you') agree to be bound with UGAL.net, LLC ('UGAL') by the following Terms of Service (Terms of Service).

Definitions

  • 'Your website' refers below to the website you create and maintain using the service.
  • 'Your visitors' refers below to the visitors of your website.
  • 'Content' refers below to all information (including data, text, software, music, sound, photographs, images, graphics, video, messages or other material) that you create, upload or otherwise make available to your website.

GENERAL CONDITIONS

  • You must be at least 18 years old to use the service.
  • You must be a human. Accounts registered by bots or other automated methods are not permitted.
  • You may not use the service for any illegal or unauthorized purpose.
  • You must not, in the use of the service, violate any laws in your jurisdiction (including but not limited to the proprietary rights of others).
  • You will not create content that might violate any proprietary rights of others (including intellectual property rights, copyrights and privacy rights).
  • You will not transmit or upload on UGAL servers any content containing viruses, worms or any other harmful programs.
  • You will not upload post or transmit through your website any unlawful, harassing, pornographic, abusive, threatening, harmful, obscene, defamatory, hateful or otherwise objectionable content.
  • You will not try to gain unauthorized access to other accounts or features.
  • You will not provide false registration information.
  • You will not transmit junk mail, spam, or other unsolicited bulk e-mails.
  • You will not 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 UGAL.
  • You will not frame in any way or otherwise attempt to defeat, modify or bypass any pages or functionality of your website.
  • Your relationship with your visitors is independent from UGAL. UGAL will not be held liable for any disagreements between you and your visitors and will not get involved with any disputes arising from your relationship with your visitors.

Violation of any of these conditions will result in the termination of your account.

SERVICE

The software used to create and maintain your website is leased to you by UGAL as a service.

You understand that UGAL does not sell you any software, and that all software used by UGAL to provide the service to you remains hosted on UGAL servers.

You understand that while you are a user of the service, UGAL keeps all proprietary rights on the software used to provide you with the service.

UGAL keeps all proprietary rights on your website's source code (e.g. html, css, javascript). Unless written permission is given to you, you agree to not host a website generated by UGAL with another Internet Service Provider.

You agree to allow UGAL to use the website you created to promote the service. This includes, but is not limited to, linking to your website from www.ugal.com, or mentioning the name and/or the URL of your website in written communications.

Modifications to Service

UGAL 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. You agree that UGAL shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.

Service Fees

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies or duties, excluding only United States (federal or state) taxes.

UGAL reserves the right to change any fees or billing methods at any time, provided however that such modifications shall not take effect earlier than 30 days after UGAL posts such modification on the www.ugal.com website. The new fee structure will take effect when your current contract expires and renews.

YOUR ACCOUNT

Account Creation

As part of the registration process, you will choose a password. You are fully responsible for maintaining the confidentiality of your password, and you will notify UGAL immediately if you believe that the security of your account has been compromised. UGAL does not represent or in any way warrant that account information will remain secure and UGAL shall not be liable for losses or damages resulting from any security breaches.

Trial Period

You can test the service during a free trial period to help you determine if the service will fit your needs. Your trial website is subject to the same Terms of Service as any other active website.

You should not use your trial website for commercial purposes, and you should not be seeking to drive traffic to your website while in trial period. UGAL reserves the right to request that you activate your trial website if it generates an amount of traffic not typical of trial websites.

Trial websites that are not activated before the end of their trial period will be made unavailable to the public. For a period of 2 months after the trial period has expired, you will be able to login to your account at http://yourwebsite.ugal.com/a/account and activate your website. Trial websites that are not activated 2 months after the expiration of the trial period are deleted from the system.

Account activation

In order to activate your account, you will need to provide UGAL with your credit card information and select a level of service (planA, planB or planC).

You can change the your selected plan at any time by login into your website administration pages at http://yourwebsite.ugal.com/a. Changes to your plan are effective immediately, and the new rate will be charged when the current billing period expires and renews.

At the end of the billing period, the contract will automatically renew for a month, unless you cancel your account.

Account Billing

Your credit card is charged immediately upon account activation of your website for the full amount of the selected plan and for one month of service.

Your credit card will be charged at the start of every new billing period, for the full amount of the selected plan and for one month.

If UGAL is unsuccessful in billing your credit card for a new month when it is due, you will be notified by email and asked to provide valid credit card information within 7 days. Failure to do so will result in the suspension of your account.

You must notify UGAL of any billing problems or discrepancies within 60 days after they first appear on your credit card account statement. If you do not notify UGAL within 60 days, you waive any right to dispute such problems or discrepancies.

All charges for your website will show on your credit card statement as UGAL.net, LLC.

Account Upgrades and Downgrades

For any upgrade or downgrade in plan level, the credit card that you provided will automatically be charged the new rate at the start of your next billing cycle.

Downgrading your service to a lower service level may cause the loss of Content, features or capacity of your account. UGAL does not accept any liability for such loss.

Downgrading to a lower level of service just before a new billing cycle starts and upgrading to a higher level of service after the new billing cycle has started is a monitored pattern that is not permitted by the Terms of Service.

Cancellation / Termination

You might cancel your account at anytime by clicking on the 'Cancel My Account' link in the account management area. You understand that by doing so all the information and the content your created for your website will be lost and non recoverable.

UGAL will not refund any remaining portion of your pre-paid fees when you cancel your account.

You agree that UGAL may cancel your account and prevent you from using its services for violating any of our Terms of Service, or for any other reason, at any time, at UGAL's sole discretion, without prior notice to you.

You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with UGAL.

WEBSITE CONTENT

UGAL reserves the right (but does not have the duty) to monitor, edit, or remove any objectionable information or web pages from your website, without notice and at its sole discretion. UGAL shall make no effort to validate any information you provide for use with the Service for content, correctness or usability.

Rights of Others

It is the policy of UGAL to respect the intellectual property rights, the copy rights, the privacy rights, the rights of publicity or other proprietary rights of others. We ask that you do the same. UGAL may terminate the accounts of those who appear to infringe the rights of others. UGAL may remove content that has prompted a complaint.

Acceptable Content

UGAL does not allow any of the following Content, or links to such content, to be published to your website and/or uploaded to UGAL servers:

  • Content of a pornographic, sexually explicit, or violent nature.
  • Content of an illegal nature (including stolen copyrighted material).
  • Pirated software sites, including cracking programs or cracking program archives.
  • Content with the sole purpose of causing harm or inciting hate, or content that could be reasonably considered as slanderous or libelous.
  • Content that may be otherwise considered objectionable.

You understand that by uploading to UGAL servers, and/or making any of the above content available online may cause cancellation of the service provided to you without refund of any fees.

Your Content

UGAL does not claim any right over the content you provide to your website. Such content remain yours. By creating your website, you understand and agree that others will view and may share the content of your website.

Your Visitors

Your relationship with your visitors is independent from UGAL. UGAL will not be held liable for any disagreements between you and your Visitors and will not get involved with any disputes arising from your relationship with your Visitors.

MERCHANT USER AGREEMENT

By using UGAL's "online store" service you agree to be bound with UGAL by the following Merchant User Agreement.

Service Provided

You acknowledge that, by only providing you with the ability to publish and distribute your own or third party products, services or content, UGAL is acting only as a passive conduit for the distribution and/or publishing of such products, services or content on your store. UGAL has no obligation to you or any third party, and undertakes no responsibility, to review your store, the products or services listed therein or any other content, including but not limited to user-generated content, published and/or distributed on your store.

UGAL makes no warranty that the service will be uninterrupted, timely, secure, or error free. It is therefore your responsability to take appropriate steps to maintain any of your store data (including items descriptions, availability, pricing and customers orders and information) in accordance with your needs and requirements.

Store Operations

You will be solely responsible for the development, operation and maintenance of your store, including the operation of your store, accepting, processing and filing customer orders generated through your store, and handling any customer inquiries, complaints, or disputes arising from orders or sales generated through your store.

Your relationship with your store customers is independent from UGAL. UGAL will not be held liable for any disagreements between you and your store customers and will not get involved with any disputes arising from your relationship with your store customers.

Store Content

You agree that any products, services, or content published and distributed on your store shall:

  • Comply with the Acceptable Content section of the UGAL Terms of Services.
  • Not be fraudulent or involve counterfeit or stolen items.
  • Not infringe or misappropriates any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
  • Not violate any law, statute, ordinance or regulation (including, but not limited to, those governing privacy, publicity, export control, consumer protection, unfair competition, antidiscrimination or false advertising).

Furthermore, you agree to display and adhere to a terms of use and a privacy policy, governing your operation of your store and your conduct with your store's customers.

Use of Paypal and other payment solutions

Using PayPal or any other "payment solution" for your store means that you use the "payment solution" to process payments from your store customers. In order to use PayPal with your store, you are required to sign up for a Business or Premier PayPal account and comply with the PayPal User Agreement and PayPal Privacy Policy. In order to use any "payment solution", you are required to open an account with the "payment solution" and comply with the "payment solution"'s user agreement.

Your relationship with PayPal or any other "payment solution" is independent from UGAL. UGAL will not be held liable for any disagreements between you and PayPal or any other "payment solution" and will not get involved with any disputes arising from your relationship with PayPal or any other "payment solution".

ACCEPTABLE CONDUCT

Use of the Service requires a certain level of knowledge in the use of the internet and World Wide Web. You are required to have the necessary knowledge to use the internet and the World Wide Web.

  • You will not try to gain unauthorized access to other accounts or features.
  • You may not rent or lease or provide the service (including any software or documentation used by or with the service) to third parties.
  • You may not decompile, disassemble, reverse engineer or copy the service.
  • You may not create a derivative work of the service.
  • You may not display the service's software code in human readable form.
  • You may not send unsolicited messages (also known as junk mail or SPAM) to promote any website published using the Service.
  • You are not permitted to knowingly allow another website or hosting server to link to content files stored on UGAL servers. Users deemed to be using UGAL as a remote storage server will have their account immediately terminated and will have all files associated with their account permanently removed.

DISCLAIMER OF WARRANTIES

Your use of the Service is at your sole risk. The service is provided on an 'as is' and 'as available' basis. UGAL expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

UGAL makes NO WARRANTY THAT:

  • The service will meet your requirements.
  • The service will be uninterrupted, timely, secure, or error free.
  • The results that may be obtained from the use the service will be accurate or reliable.
  • The quality of any products, services, information, or other materials purchased or obtained by you through the service will meet your expectations.
  • Any errors in the service (including but not limited to the service's 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 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, whether written or verbal, obtained by you from UGAL or from its services shall create any warranty not expressly stated in the Terms of Service.

PRIVACY POLICY

You acknowledge, consent and agree that UGAL may access, preserve, and disclose your content and any personal information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

  • Comply with legal process.
  • Enforce the Terms of Service.
  • Respond to claims that any content violates the rights of third-parties.
  • Respond to your requests for customer service.
  • Protect the rights, property, or personal safety of UGAL, the users of the service and the public.

LIMITED LIABILITY

You shall defend, indemnify, save and hold UGAL (including its agents, its clients, officers, directors and employees) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against them, that may arise or result from any service provided or performed or agreed to be performed or any product used or sold by or to you, its agents, employees or assigns.

You shall defend, indemnify and hold harmless UGAL (including, its agents, its clients, officers, directors and employees) against any and all Liabilities caused directly or indirectly by you or any person that you allow to access the service.

Under no circumstances, including negligence, shall UGAL (including, its agents, its clients, officers, directors and employees) or any one else involved in creating, producing or distributing the service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to UGAL records, programs or services. This paragraph shall apply to all content and functionality of the service.

Notwithstanding the above, your exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which you paid directly to UGAL, during the current month.

Such limitations shall apply to UGAL total liability, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, communications failure, theft of destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.

SEVERABILITY

If any provision of the Terms of Service shall be held illegal, unenforceable, or invalid, the provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect.

The failure of UGAL to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right of provision. The Terms of Service constitute the entire agreement between you and UGAL and govern your use of the Service, superseding any prior agreements between you and UGAL (including, but not limited to, any prior versions of the Terms of Service).

GOVERNING LAW

These Terms of Service shall be governed in all respects by the laws of the State of Oregon and the United States of America applicable therein. Such law shall be applied by the arbitrator to the merits of any dispute or claim. For any non-arbitral action or proceeding arising out of or related to the Service or these Terms of Service, both parties submit to sole and exclusive jurisdiction and venue in the courts located in Portland, Oregon and further agree that any such action or proceeding shall be brought in a court in Portland, Oregon.

You agree that any claim against UGAL must be filed with 6 months of the time such claim arose, regardless of any law to the contrary; otherwise such claim will be barred forever.

CHANGES TO THE TERMS OF SERVICE

UGAL reserves the rights to update and change the Terms of Service without notice. Any new feature that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

You can review the most current version of the Terms of Service at any time at http://www.ugal.com/terms.

Last Modified November 27th 2013

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