1. ACCEPTANCE OF TERMS
Welcome to the SnappyClam Website Design, LLC Your use of our service is subject to these Terms of Service ("TOS"). SnappyClam Website Design, LLC reserves the right to update and change the TOS from time to time without notice and by using our service; you signify your irrevocable acceptance of this TOS.
Unless explicitly stated otherwise, any new features, including the release of new SnappyClam Website Design, LLC. tools and resources, shall be covered by this TOS.
SnappyClam Website Design, LLC may also offer 3rd party services that may be governed by their own terms of service and copyright protections.
Because the Terms of Service contain legal obligations, please read them carefully. Failure to comply may result in account termination and possible further legal liability.
2. DESCRIPTION OF SERVICE
SnappyClam Website Design, LLC provides web based creation tools and hosting for the online presence of individuals and businesses and also provides e-commerce and email marketing services for commercial customers.
SnappyClam Website Design, LLC also provides art production and consulting services to certain customers on a "per hour" and "per project" basis.
SnappyClam Website Design, LLC does not provide access to the world-wide web directly, and all users are required to provide their own connectivity and equipment to access our services.
From time to time, SnappyClam Website Design, LLC will provide registered and prospective users with "webcasts," email newsletters and other communications suggesting methods and strategies for implementation of website creation and promotion. These communications are advisory only and it is up to the individual user or commercial entity to determine the implication, advisability and/or legality of such methods and strategies for their own situation and in accordance with applicable laws.
Other than tools, web addresses, services and artwork directly provided by SnappyClam Website Design, LLC, all web content is the property of the individual account holder and SnappyClam Website Design, LLC takes no responsibility for the content.
You also understand and agree that our service may include certain communications from SnappyClam Website Design, LLC, such as service announcements, administrative messages and the SnappyClam Website Design, LLC Newsletter, and that these communications are considered part of SnappyClam Website Design, LLC membership and you will not be able to opt out of receiving them.
All users of SnappyClam Website Design, LLC are required to register and will be given a valid SnappyClam Website Design, LLC account number. To be an Account Holder with your own website, you must provide SnappyClam Website Design, LLC with a valid email address and other information ("Registration Data"). In consideration of use of our service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by our service's registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. This information may change from time to time.
SnappyClam Website Design, LLC reserves the right to cancel or suspend any account if communications or enquiries to the email address on file are not responded to in a timely manner or if any other information is deemed to be incomplete, incorrect or fraudulent.
SnappyClam Website Design, LLC accounts may not be transferred or resold without the express written permission of SnappyClam Website Design, LLC.
Account holders are provided with passwords during the registration process as well as the ability to update or change passwords at any time. The account holder is solely responsible for maintaining the confidentiality of this information and account as well as any account activity.
The account holder agrees to (a) immediately notify SnappyClam Website Design, LLC in writing of any unauthorized use of your password or account or any other breach of security, and (b) exit from the account at the end of each session.
Users under 13 years of age are prohibited from using our service.
4. CANCELLATION AND TERMINATION
Account holders wishing to cancel may do so at any time.
After cancellation, Account Holders will no longer have access to your Web site and all information contained therein may be deleted by SnappyClam Website Design, LLC. SnappyClam Website Design, LLC accepts no liability for such deleted information or content under any circumstances.
Although account Holders are solely responsible for the legality and suitability of content on their websites and blogs, in their outbound email communications and in e-commerce transactions, Account Holders agree that SnappyClam Website Design, LLC may, at it's sole discretion but without obligation, terminate your password, and/or account, and remove and discard any Content within our service that it deems to be illegal, inappropriate, offensive, damaging to either SnappyClam Website Design, LLC bandwidth usage, operations or professional reputation.
Termination can also occur due to lack of use or overuse or if SnappyClam Website Design, LLC believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any website or blog not edited substantially including upload or your own content will be deleted after 30 days. SnappyClam Website Design, LLC may also in its sole discretion and at any time, discontinue providing our service, or any part thereof, with or without notice for any reason or for no reason at all. In such event, unused moneys paid by Account Holders will be refunded in accordance with U.S. laws.
Termination of your access to our service under any provision of this TOS may be effected without prior notice, and Account Holder acknowledges and agrees that SnappyClam Website Design, LLC may immediately deactivate or delete your website, as applicable and all related information and files.
SnappyClam Website Design, LLC reserves the right to bar any further access to such files or our service. Account holder agrees that SnappyClam Website Design, LLC shall not be liable to you or any third-party for any termination of your access to our service.
5. REFUND POLICY
Customers who subscribe on a "month to month," or “yearly” basis are not eligible for a refund for the unused portions of their subscription. Subscribing customers will be responsible for any outstanding balance for their current billing cycle until the subscription is canceled.
In the case of a billing dispute refunds are at the sole discretion of SnappyClam Website Design, LLC. Refunds deemed eligible within 60 days of the billing transaction will be refunded through the mode of your payment. Refunds after 60 days from the billing transaction will only be processed though a PayPal account.
For customers who are terminated due to violations of TOS, refunds for paid users will be processed based on this policy minus any processing fees to cover outstanding legal or similar claims and/or processing fees.
UNDER NO CIRCUMSTANCES WILL SNAPPYCLAM WEBSITE DESIGN, LLC 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.
7. CONTENT AND CONDUCT RULES AND OBLIGATIONS
Account holder understands that all content uploaded to the site including, but not limited to, information, intellectual property, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials are the sole responsibility of the account holder. It is the sole responsibility of the account holder to insure that the content uploaded to the site is correct and free of fraudulent intent, free from defects and viruses, and legal within the jurisdictions where account holder will do business or disseminate information. This includes, but is not limited to, any content that may violate local community standards.
SnappyClam Website Design, LLC does not control the content posted via our service and, as such, does not guarantee the accuracy, integrity legality or quality of such content. You understand that by using our service, you may be exposed to content that is offensive, indecent or objectionable.
Account holders and any visitor to a site hosted by SnappyClam Website Design, LLC agrees that under no circumstances will SnappyClam Website Design, LLC 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 our service.
Account holder and site visitors acknowledge that SnappyClam Website Design, LLC does not pre-screen content nor endorse or warrant the content in any way.
Account holders agree that they alone must evaluate, and bear all risks associated of, the use of any content, including any reliance on the legality accuracy, completeness, or usefulness of such content. Both account holder and site visitors acknowledge that they may not rely on any content created with SnappyClam Website Design, LLC or submitted to SnappyClam Website Design, LLC.
Both account holders and any third party uploading content or performing transactions on our service acknowledge and agree that SnappyClam Website Design, LLC may preserve content and may also disclose to legal authorities or provide content if required to do so by law authorities 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 SnappyClam Website Design, LLC, its users and the public.
Further, account holder understand that the technical processing and transmission of our 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, these terms, it will be in SnappyClam Website Design, LLC's sole discretion as to what action should be taken and is under no legal obligation to do so unless directed to do so by applicable courts, law enforcement representatives or appropriate city, state, federal or international entities.
Account holders and visitors agree that they will not use SnappyClam Website Design, LLC’s network or our services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:
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;
constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, non-consensual sex acts, or otherwise unlawfully exploits persons under 18 years of age;
Publish, transmit or store any content or links to any content that is excessively violent, incites violence, threatens violence, contains harassing content or hate speech, creates a risk to a person’s safety or health, or public safety or health, compromises national security or interferes with an investigation by law enforcement;
collecting or using information, including email addresses, screen names or other identifiers, by deceit, (such as, phishing, Internet scamming, password robbery, spidering, and harvesting);
Use SnappyClam Website Design, LLC websites or blogs primarily as a "black hat" SEO link building source to build traffic to other than SnappyClam Website Design, LLC websites;
harm minors in any way;
associate SnappyClam Website Design, LLC and/or our service with any illegal and or pornographic or fraudulent site, material, content or activities;
impersonate any person or entity, including, but not limited to, a SnappyClam Website Design, LLC 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 our 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 our service or servers or networks connected to our service, or disobey any requirements, procedures, policies or regulations of networks connected to our 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) SnappyClam Website Design, LLC determines, in its sole discretion, is inappropriate for sale through our service provided by SnappyClam Website Design, LLC;
use our 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 our 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.
Conducting any gambling activity in violation of any required licenses, codes of practice, or necessary technical standards required under the laws or regulations of any jurisdiction in which your site is hosted or accessed; or
any action that is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to SnappyClam Website Design, LLC.
If any user is reported to be in violation with the letter or spirit of these terms, SnappyClam Website Design, LLC retains the right to terminate such account at any time without further warning.
8. ADDITIONAL SOFTWARE
With respect to any additional software that may be made available by SnappyClam Website Design, LLC in connection with out service, if account holders or site visitors elect to download or access such additional software or third party Content made available to through our service, parties understand that they may have to agree to additional terms and conditions before use of such software or third party content.
Both account holders and site visitors also agree that the use of any third party software or content obtained through our service does not transfer any rights, title or interest in or to the software or such content, and that they will not use any Content made available to them through the software or our 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 our service, all users are deemed to agree to the terms of service or license agreement posted on our 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.
9. INTERNATIONAL USE
Recognizing the global nature of the Internet, all users agree to comply with all local rules regarding online conduct and acceptable content. Specifically, users agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.
10. CONTENT SUBMITTED
SnappyClam Website Design, LLC does not claim ownership of the content placed on your SnappyClam Website Design, LLC website or within account holder created email marketing materials. By submitting content to SnappyClam Website Design, LLC for inclusion on your SnappyClam Website Design, LLC website, account holder and/or site visitors grant SnappyClam Website Design, LLC 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 the content on SnappyClam Website Design, LLC's Internet properties.
All users acknowledge that SnappyClam Website Design, LLC does not pre-screen content, but that SnappyClam Website Design, LLC 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 our service.
Without limiting the foregoing, SnappyClam Website Design, LLC and its designees shall have the right to remove any content that violates the TOS or is otherwise objectionable. All users agree that they alone 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.
Account holders understand and agree that our service may include advertisements and that these advertisements are necessary for SnappyClam Website Design, LLC to provide our service. Any correspondence or business dealings with, or participation in promotions of, advertisers found on or through our 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 the user and such advertiser. All users agree that SnappyClam Website Design, LLC 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 our service.
Our service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because SnappyClam Website Design, LLC has no control over such sites and resources, All users acknowledge and agree that SnappyClam Website Design, LLC 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. Users further acknowledge and agree that SnappyClam Website Design, LLC 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.
All users agree to indemnify and hold SnappyClam Website Design, LLC, 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 uploaded content, use of our service, visitor/guests activities, connection to our service, violation of the TOS, or violation of any rights of another, whether actions are of a registered account holder or not. The user is solely responsible for his or her actions when using our service, including, but not limited to, costs incurred for Internet access.
14. RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our service, use of our service, or access to our service without the express written permission by SnappyClam Website Design, LLC.
15. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that SnappyClam Website Design, LLC may establish general practices and limits concerning use of our service and may modify such practices and limits from time to time without notice to you.
16. MODIFICATIONS TO SERVICE
SnappyClam Website Design, LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, our service (or any part thereof) with or without notice at any time. All users agree that SnappyClam Website Design, LLC shall not be liable to Users or to any third party for any modification, suspension or discontinuance of our service.
17. SNAPPYCLAM WEBSITE DESIGN, LLC’S PROPRIETARY RIGHTS
All users acknowledge and agree that our service and any necessary software used in connection with our service ("software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Users further acknowledge and agree that Content contained in sponsor advertisements or information presented through our service or advertisers is protected via copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by SnappyClam Website Design, LLC or advertisers, users agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on our service or the software, in whole or in part.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
All USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SnappyClam Website Design, LLC 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.
SnappyClam Website Design, LLC WILL MAKE REASONABLE EFFORTS TO MAINTAIN OUR SERVICE, BUT WILL NOT BE RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MIS-DELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. THE ACCOUNT HOLDERS ALONE ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON OUT SERVICE.
SNAPPYCLAM WEBSITE DESIGN, LLC DOES NOT WARRANT THAT (i) OUR SERVICE WILL MEET ANY USERS 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 THROUGH THE SERVICE WILL MEET 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 USERS OWN DISCRETION AND RISK AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM OUR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SNAPPYCLAM WEBSITE DESIGN, LLC 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 SNAPPYCLAM WEBSITE DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE OUR 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 OUR SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICE; OR (v) ANY OTHER MATTER RELATING TO OUR SERVICE.
SNAPPYCLAM WEBSITE DESIGN, LLC DISCLAIMS ANY LOSS OR LIABILITY RESULTING FROM: (i) MIS-DELIVERY OR NON-DELIVERY OF DATA BETWEEN YOU AND YOUR SITE USERS OR BETWEEN YOU AND SNAPPYCLAM WEBSITE DESIGN, LLC AND OR ITS AFFILIATES (ii) THE LOSS OF REGISTRATION OR PROCESSING OF A DOMAIN NAME OR THE USE OF A DOMAIN NAME (iii) THE FAILURE FOR WHATEVER REASON TO RENEW A DOMAIN NAME REGISTRATION (iv) THE UNAUTHORIZED USE OF YOUR ACCOUNT WITH TALKSPOT.COM OR ANY SERVICES PROVIDED TO YOU BY TALKSPOT.COM (v) ERRORS, OMISSIONS OR MISSTATEMENTS (vi) DELETION OF, FAILURE TO STORE, OR FAILURE TO PROCESS OR ACT UPON EMAIL MESSAGES (vii) PROCESSING OF UPDATED INFORMATION TO YOUR REGISTRATION RECORD (viii) DEVELOPMENT OR INTERRUPTION OF YOUR WEB SITE.
20. 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 MAY NOT APPLY TO YOU. IN SUCH EVENT, ALL LIMITATIONS NOT SPECIFICALLY PROHIBITED SHALL BE AGREED TO BE ENFORCED.
This agreement will be governed by the state of Florida, United States of America. All parties agree to submit any disputes to final and binding arbitration.
SnappyClam Website Design is a trade name for SnappyClam Website Design LLC and all legal enquiries should be forwarded to the legal address of SnappyClam Website Design, LLC, 1809 Highland Dr, Fernandina Beach, FL USA 32034-2408.
22. WEB SITE ABANDONMENT AND LACK OF MAINTENANCE
SnappyClam Website Design, LLC reserves the right to remove sites on from our web servers that have been abandoned. Abandoned sites are defined as sites which have not been edited or updated in three months or more and have very low site traffic. SnappyClam Website Design, LLC will check for outdated websites on a continual basis. SnappyClam Website Design, LLC will make reasonable efforts to contact site owners in such cases; however apparently abandoned web sites may be removed in any case without notice after three months of inactivity.
Please email Admin at SnappyClam dot com
to report any violations of the TOS.
24. COOPERATION WITH INVESTIGATIONS AND LEGAL PROCEEDINGS
If we are legally required to permit any relevant authority the ability to inspect your content or traffic, you agree we can do so; provided however that, where possible without breaching any legal or regulatory requirement, we give you reasonable prior notice of such requirement.
We may, without notice to you, report to the appropriate authorities any conduct by you that we believe violates applicable law, and provide any information we have about you, or your users or your traffic and cooperate in response to a formal request from a law enforcement or regulatory agency investigating any such activity, or in response to a formal request in a civil action that on its face meets the requirements for such a request.