立博客户端app下载 Corporation (“立博客户端app下载”, “we”, “us” or “our”) is located at 2001 Siesta Drive, Suite 202, Sarasota, Florida 34239-5200. Directly and through our authorized resellers we offer customers the following:
The Freedom Services, Design Services and websites licensed to you in connection with Design Services, and Hosting Services are sometimes referred to as the “立博客户端app下载 Service(s)”. This 立博客户端app下载 Customer Subscription License Agreement is referred to as this “Agreement”. Subscriptions to 立博客户端app下载 Services are sold under separate agreements between customers and 立博客户端app下载 and/or its resellers, that may include subscription agreements and other documents specifying pricing, length of subscriptions, Freedom Services being subscribed for, website features for Design Services, server size and other details for Hosting Services, and other relevant terms (together, the “Customer Subscription Agreement”). If you have not entered into an express Customer Subscription Agreement with us or with an 立博客户端app下载 Reseller, then at our sole discretion we may offer you a Customer Subscription Agreement at prices and on terms and conditions as we determine, and your acceptance of this Agreement will also be your acceptance of the Customer Subscription Agreement. This Agreement is in addition to the Customer Subscription Agreement, and includes the licenses under which customers are granted rights to use the Freedom Services and websites created with Design Services, and any other rights required to use the 立博客户端app下载 Services for which the customer has subscribed. Amendments to this Agreement may be posted by 立博客户端app下载 from time to time on its website, and all of which will be deemed incorporated herein by this reference and accepted by you when any subscribed-for rights are exercised after the amendment is posted.
The customer with which 立博客户端app下载 or its reseller enters into a Customer Subscription Agreement, or to which access to 立博客户端app下载 Services is otherwise given, is referred to as “customer” or “you”. Certain features of the 立博客户端app下载 Services may be accessible by third party end users to whom you provide access, and they are referred to as “End Users”.
Your rights and licenses granted under this Agreement are limited to the 立博客户端app下载 Services for which you subscribed in the Customer Subscription Agreement, only during the term of the subscription, and only for so long as you timely pay all amounts due thereunder and do not otherwise breach the Customer Subscription Agreement or this Agreement (the “Term”). If you do not enter into a Customer Subscription Agreement then no rights or licenses are granted to you herein. The 立博客户端app下载 Services for which you subscribe, and the prices charged to you for those services are determined in the applicable Customer Subscription Agreement, not this Agreement. In addition, in order to exercise the rights granted to you herein you must first agree to be bound by the terms and conditions of this Agreement, without counter offer, addition, deletion or variance, all of which are rejected by 立博客户端app下载. Indicate your acceptance by clicking on “Accept” in this dialog box. If you view or use any 立博客户端app下载 Services, or you make any 立博客户端app下载 Services accessible by End Users over the internet or by any other means, then your use, viewing, or that accessibility will also be your acceptance of this Agreement. Any of these actions will constitute your agreement to be bound by the terms and conditions of this Agreement and shall be enforceable in the same way as if you had signed this Agreement and returned your signed copy to 立博客户端app下载. If you exit this dialog without clicking “Accept”, or you click “Reject”, and you do not use any 立博客户端app下载 Services or make any 立博客户端app下载 Services accessible by End Users, then you reject this Agreement, have no rights whatsoever with respect to any 立博客户端app下载 Services, and must immediately cease all use of all 立博客户端app下载 Services.
1.0 You represent to 立博客户端app下载 that you are a business, and that the 立博客户端app下载 Services are used by you in your business. You agree not to use or allow access to the 立博客户端app下载 Services in or from any country in the world where the use or access is not legal, prejudices any rights of 立博客户端app下载, in which 立博客户端app下载’s intellectual property is not protected, or that requires special rights or licenses be obtained by you or 立博客户端app下载.
2.0 If you license websites from us in connection with Design Services, or from an 立博客户端app下载 reseller, you will provide, at your own cost and expense, your unique text, photographs, graphics and other content required for the website. It is your responsibility to web-enable your content. Websites licensed by us may not accommodate all content. The Customer Subscription Agreement includes additional terms related to Design Services and Hosting Services. Until such time as you enter into a Customer Subscription Agreement and pay all amounts required thereunder, and accept this Agreement, the 立博客户端app下载 Services may only be used for setup and customization purposes, and may not be viewed or used by you or any other person or entity.
3.0 You agree to abide by 立博客户端app下载's administration and update policies that are in effect from time to time. You have been provided with an administrative ID and password. You represent to 立博客户端app下载 that you obtained the subscription to 立博客户端app下载 Services for your own use, and not the use of any other person or entity, and that you provided 立博客户端app下载 with your full and accurate name and any required contact information, and upon your first access to the 立博客户端app下载 Services you entered the administrative ID and Password and read and accepted this Agreement (if you rejected this Agreement you are obligated to cease all use of any 立博客户端app下载 Services). You acknowledge that you are responsible for the security of your information and content. You agree that you will not permit any other person or entity to have or use your ID and password, and to notify us in writing immediately if any person or entity obtains unauthorized access to your ID or password, or of any other breaches of security. 立博客户端app下载 is not responsible or liable, to you or any third party, for any loss or damage caused, in whole or in part, by your failure to maintain account security. 立博客户端app下载 Services may automatically contact 立博客户端app下载’s license servers to remain accessible by you. The 立博客户端app下载 Services are hosted on 立博客户端app下载’s servers and accessed by you through the internet, and may be unavailable at intervals determined by 立博客户端app下载, during which time 立博客户端app下载 may provide updates and administer the 立博客户端app下载 Services. In the event that the 立博客户端app下载 Services are unavailable for more than 24 hours at a time, you may request a partial refund of your annual subscription fee in proportion to the amount of time the 立博客户端app下载 Services are unavailable.
4.0 The 立博客户端app下载 Services may contain content or feeds from, or links to, third party websites or vendors (“Third Party Providers”). 立博客户端app下载 may from time to time change Third Party Providers for like services, and Third Party Providers may from time to time change the content or feeds that they provide, or change the websites to which links are provided or 立博客户端app下载 may from time to time remove services provided by Third Party Providers (all of the foregoing are “Third Party Changes”). In addition to Third Party Changes, 立博客户端app下载 may, but is not obligated to, modify the 立博客户端app下载 Services from time to time to when 立博客户端app下载 determines it is necessary or desirable.
5.0 立博客户端app下载 owns all intellectual property in, to and under the 立博客户端app下载 Services (as originally constituted and as later modified by 立博客户端app下载) except for source material provided by you or your website developer, which shall remain your separate intellectual property. No 立博客户端app下载 Service shall be deemed a joint work, compilation, derivative work or other work of multiple authorship as a result of your use of the 立博客户端app下载 Service, or incorporation of your source material, or inclusion of material in modules designated by 立博客户端app下载 from time to time as having Customer Administration Rights (“CAR”), or any content from Third Party Providers or other third parties.
6.0 Subject to all other terms and conditions in this Agreement and in the applicable Customer Subscription Agreement, 立博客户端app下载 hereby grants to you during the Term, as to 立博客户端app下载 Services for which you have subscribed from 立博客户端app下载 or one of its authorized resellers, and for which 立博客户端app下载 has been paid (by you if you are a direct customer of 立博客户端app下载, or otherwise by your reseller), a license to: (i) use the subscribed for 立博客户端app下载 Service and any technical information provided by 立博客户端app下载 to support that use; (ii) setup 立博客户端app下载 Services and administer CAR modules with content in accordance with 立博客户端app下载's customization and setup policies in effect from time to time; (iii) permit use by End Users of the 立博客户端app下载 Services designated by 立博客户端app下载 as End User accessible. End Users are not third party beneficiaries of this Agreement. You have no other rights or licenses with respect to any 立博客户端app下载 Services, or any other material provided by 立博客户端app下载. Without limiting the generality of the foregoing, you agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble, unlock, decrypt or otherwise attempt to derive source code or view the code of any 立博客户端app下载 Service, and you may not resell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any of the licenses or rights granted herein. You also agree to not remove, obscure, or alter 立博客户端app下载's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the 立博客户端app下载 Services. Upon the termination, or during any suspension, of the Customer Subscription Agreement or the licenses granted herein, you must immediately cease all of these licensed activities, and your failure to do so is a breach of this Agreement and infringement of our intellectual property.
If you subscribe for additional 立博客户端app下载 Services under your Customer Subscription Agreement, or you increase or add to the level or service or features of an 立博客户端app下载 Service that was already subscribed for, then the additional or enhanced 立博客户端app下载 Service will be added to the license granted herein.
7.0 立博客户端app下载 may in its discretion terminate or suspend the licenses granted to you herein, and the related subscription for the 立博客户端app下载 Services, without providing you with any advance notice, in the following events: you fail timely to pay any amounts due from you to 立博客户端app下载 or your 立博客户端app下载 Reseller; your 立博客户端app下载 Reseller or website developer fails timely to pay all amounts due from it to 立博客户端app下载, even if you timely pay your 立博客户端app下载 Reseller or website developer; if your 立博客户端app下载 Reseller materially breaches any of its agreements with 立博客户端app下载; if you breach your Customer Subscription Agreement or this Agreement; or if 立博客户端app下载 provides notice that it is insecure and you fail to provide 立博客户端app下载 with the assurances requested in its notice. 立博客户端app下载 may in its discretion, without providing you with notice, suspend operation or shutdown and/or remove your access to the 立博客户端app下载 Services at any time that the license is suspended or terminated. In the event that your license is suspended or cancelled and your 立博客户端app下载 Services are suspended or shutdown, as a result of a default by your 立博客户端app下载 Reseller or website developer and not by you, you may contact 立博客户端app下载 customer service and open a user account, correct the breach and/or pay the amounts due, and renew your license and subscription to the 立博客户端app下载 Services. The foregoing are not 立博客户端app下载’s exclusive remedies.
8.0 You agree to defend (with counsel chosen by 立博客户端app下载) and shall hold 立博客户端app下载, its officers, directors and shareholders harmless against all damages, costs and expenses of every type and description that result from or are related to your use of any 立博客户端app下载 Services, your domains and any content or data used with any 立博客户端app下载 Services, any data input by or for you in any CAR modules, any data input by any of your End-Users, any acts or omissions by you, your employees and agents, or your End-Users, relating to use of the 立博客户端app下载 Services, regardless of the grounds and regardless of whether litigation is commenced.
9.0 立博客户端app下载 does not generally provide customer support except for its direct customers. You must contact your 立博客户端app下载 Reseller or website developer, not 立博客户端app下载, for all customer support including for product training, complaints and technical problem solving, and issues related to CAR modules. You acknowledge and agree that your reseller or website developer is an independent company not related to 立博客户端app下载, and it does not act for, and has no authority to bind, 立博客户端app下载. You acknowledge and agree that 立博客户端app下载 is not liable for any act or omission of your 立博客户端app下载 Reseller or website developer. If you wish to log a complaint to 立博客户端app下载 regarding your Reseller or website developer you may do so through our customer service department.
10.0 You own all user data, whether input into the 立博客户端app下载 Services by you or your End-Users or gathered automatically from users' computers through software interfaces (“User Data”). User Data that is gathered through the 立博客户端app下载 Services may be downloaded by your CAR module administrator. 立博客户端app下载 does not gather or use any of your User Data It is your obligation to restrict access to User Data if such User Data is subject to any data privacy laws, rules or regulations, that would be breached absent such restriction and you shall defend and hold 立博客户端app下载 harmless against all claims, damages, liabilities and expenses of every type and nature, in the event that you fail to restrict access to the User Data. You acknowledge that 立博客户端app下载 has no control over the User Data and 立博客户端app下载 is not under any circumstances responsible to you or any third parties for the accuracy, truth, or propriety of User Data.
11.0 In addition to other grounds for suspending and canceling your subscription or related license and suspending or shutting down access to the subscribed for 立博客户端app下载 Services, 立博客户端app下载 may immediately without notice terminate your subscription and license and shutdown access to the 立博客户端app下载 Services if your use of any 立博客户端app下载 Service is illegal, abusive or unethical, including, but not limited to, use for spamming, phishing, pornography, violations of privacy, hacking, or distributing computer viruses, as determined by 立博客户端app下载 in its sole discretion.
12.0 立博客户端app下载 may list you as an 立博客户端app下载 customer or subscriber. As applicable, websites or other content created with 立博客户端app下载 Services may contain 立博客户端app下载's legend so indicating, and/or that it is powered by 立博客户端app下载, or other similar legends determined by 立博客户端app下载. Any notice that a copyright is owned by an 立博客户端app下载 Reseller or website developer or by you must clearly convey that it is only a reference to the content provided by the reseller and you, and not the 立博客户端app下载 Services or any of its underlying computer code. The Customer Subscription Agreement, this Agreement, all IDs and passwords provided by 立博客户端app下载, the non-viewable structure of the software that provides 立博客户端app下载 Services, and 立博客户端app下载's other confidential business and technical information are 立博客户端app下载's intellectual property and “Confidential Information.” You shall not disclose the Confidential Information to third parties nor directly or indirectly use the Confidential Information for your own or another's benefit except as contemplated herein for so long as your license hereunder remains active, and thereafter for so long as the information remains confidential, even if it does not rise to the level of being a trade secret.
13.0 ACCRISOFT PROVIDES YOU WITH NO WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. You have represented that you are a business and that the 立博客户端app下载 Services will be used in your business. If you use, or intend to use, the 立博客户端app下载 Services for your home or personal purposes then your subscription and related license terminates and use of the 立博客户端app下载 Services must cease and access will be shut down. 立博客户端app下载 is not liable to you for any reason whatsoever, and you have no remedy against 立博客户端app下载 for any loss, damage or expense of any kind, including but not limited to, consequential, special, incidental or punitive damages or loss of profits, damages for lost profits or for damages based upon strict or absolute liability in tort, damages in contract or by statute, damages for lost data, spamming, viruses, interrupted transmissions, or unauthorized access to the 立博客户端app下载 Services, whether or not caused directly or indirectly by 立博客户端app下载's performance or failure to perform hereunder, and regardless of whether 立博客户端app下载 has been informed of the possibility of such damages.
14.0 This Agreement and any Customer Subscription Agreement with 立博客户端app下载, and the agreements and terms referenced or incorporated herein and therein, are the entire Agreements and understandings between us as to the subject matter hereof, and they supersede all prior or contemporaneous agreements, written or oral. No agreement between you and an 立博客户端app下载 Reseller is binding on 立博客户端app下载. Information on 立博客户端app下载's website is promotional in nature is not an agreement by 立博客户端app下载. Except for amendments published by 立博客户端app下载 and accepted by you as provided above, this Agreement may not be amended, and no provision may be waived, except in a writing executed by both parties. Where the context of this Agreement requires, singular terms shall be considered plural, and plural terms shall be considered singular, and masculine, feminine and neuter pronouns shall be equivalent in meaning. You may not assign or delegate this Agreement or any of your rights or obligations hereunder, in whole or in part, without the written consent of 立博客户端app下载. Any purported assignment or delegation by you without 立博客户端app下载's written consent shall be void. Sale of you, whether by merger, asset sale, stock sale or otherwise, shall be deemed an assignment of this Agreement. All notices hereunder shall be in writing and given by personal delivery, mail, overnight delivery or by email transmission to a party at the address or email address regularly used for business. Notices are given when delivered to such address, or if otherwise actually received by the addressee. This Agreement shall be deemed to have been made in Sarasota, Florida for all purposes and shall be governed by and construed in accordance with the laws of the United States and the State of Florida, without regards to conflict of laws, and the parties expressly opt out of all applicable international treaties and conventions that may impact the making, performance or enforcement of this Agreement. Notwithstanding the foregoing, the federal laws of the United States, all foreign laws and all international treaties and conventions that provide 立博客户端app下载 with protections and/or rights in connection with 立博客户端app下载's intellectual property and trade secrets shall apply. All actions relating to the making or performance of this Agreement shall be brought in the courts, state or federal, sitting in Sarasota County, Florida, and the parties hereby consent to the jurisdiction and venue of such courts. Notwithstanding the foregoing, 立博客户端app下载 may bring suit in any court or before any other body if it deems it necessary to enforce or protect its intellectual property or Confidential Information, or to enforce its rights or your obligations under this Agreement. IF YOU COMMENCE ANY ACTION IT SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY CLAIMS TO BE LITIGATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS. The court’s authority to resolve and make written awards is limited to claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the action. Notwithstanding any other provision herein, if any portion of this Class Action Waiver provision is deemed invalid or unenforceable, then we shall have the right to appeal that decision. At our election, if you commence an action or counter-claim related hereto in court then we can require the action or counter-claim be dismissed and re-commenced by you as arbitration with the American Arbitration Association sitting in Sarasota, County. This Agreement shall be interpreted in English only and all proceedings of any type related to this Agreement shall be conducted in English only. You agree not to exercise your license rights and not to use or allow any use of 立博客户端app下载 Services in any country as to which such exportation or use is prohibited under the laws of the United States or such other country. You agree to comply with all laws, rules and regulations of Florida and the United States, including those governing export control and you agree that you and/or your Reseller are responsible for payment of all tariffs and other charges that may be applicable to your purchase of your subscriptions or the granting of this license or use of any 立博客户端app下载 Services outside of the United States and you agree to defend and hold 立博客户端app下载 harmless against all such issues and any such tariffs or other charges. Termination or suspension of your subscriptions and/or licenses hereunder does not terminate or suspend any of 立博客户端app下载's rights or your obligations hereunder that will survive such suspension or termination and the removal of your access to the 立博客户端app下载 Services.