Websites.com respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Websites.com reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Websites.com has developed the Websites.com Terms and Conditions (the “Terms and Conditions”), available here, setting forth the rights and obligations of all Visitors when utilizing Websites.com (the “Site”). In addition, Websites.com has developed the following Websites.com Terms and Conditions for Registered Users (the “Registered User Terms and Conditions”), supplementing the Terms and Conditions and setting forth additional rights and obligations of all Registered Users when utilizing the Site. A “Registered User” is anyone who completes the registration process to become a registered user of the Site. The terms “you” and “your” refer to you, as a Registered User of the Site. The terms “we” and “us” refer to Websites.com.
PLEASE READ THE TERMS AND CONDITIONS AND THESE REGISTERED USER TERMS AND CONDITIONS CAREFULLY. By becoming a Registered User, you specifically agree to be bound by the Terms and Conditions and these Registered User Terms and Conditions, including all documents, policies and guidelines incorporated by reference.
Websites.com may revise these Registered User Terms and Conditions from time to time. When changes are made, Websites.com will notify you by making the revised version available on the Site. The revisions to these Registered User Terms and Conditions will be effective at such time as the revisions are posted on the Site. You should revisit these Registered User Terms and Conditions on a regular basis, as your continued use of the Site after changes to the Registered User Terms and Conditions are posted on the Site shall constitute your acceptance of any modifications to the Registered User Terms and Conditions. Registered Users may subscribe to receive notifications of these changes in their Account Information.
Last Updated: May 12, 2009
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Registered Users are Also Visitors.
As a Registered User, you are also a Visitor. By becoming a Registered User, you agree to be bound by the Terms and Conditions, located here, these Registered User Terms and Conditions, and all documents referenced herein and therein.
Requirements of Registered Users.
In consideration for access to certain portions of the Site, you may be required to provide Websites.com with certain information ("Registration Data"). You agree, represent, and warrant that the Registration Data you provide: (1) is true, accurate, current and complete, and (2) will be regularly maintained and updated by you to keep it true, accurate, current and complete. Websites.com reserves the right to terminate your use of the Site and refuse to provide you with any and all current or future use of the Site if Websites.com, in its sole discretion, determines that any of your Registration Data is untrue, inaccurate, not current or incomplete.
You will obtain a user name and password upon completing the registration process for the Site. You are responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities, charges and/or liabilities that occur under your user name and password or account number whether or not authorized by you. You will immediately notify Websites.com of any unauthorized use of your user name or any other breach of security. Websites.com cannot, and will not, be liable for any loss or damage arising from your failure to comply with this section.
With respect to any content (including, without limitation, any news, reviews, entertainment, information, or other text or images) you post to the Site (“Your Content”), you agree and hereby grant to Websites.com a perpetual, royalty free and non-exclusive right and license to publish Your Content on the Site or on any other website or in any other media worldwide. Websites.com may reproduce, modify, adapt, delete, distribute and/or publish any of Your Content for any reason, in any media, at any time. Without limiting the generality of the foregoing, Websites.com may utilize Your Content for online or offline advertising that promotes Websites.com or the Site, without any royalty or payment being owed to you. Similarly, Websites.com may license Your Content to third parties, without any royalty or payment being owed to you.
You represent, warrant, and guarantee that you own or have the full right, ability, and authority to post Your Content to the Site and grant this license to Websites.com.
Responsibilities of Registered Users.
Your Content
As a Registered User, unless Websites.com otherwise notifies you or restricts your use of the Site, you may freely post and edit content, including comments, and other information, to and at the Site. You agree that all such posts and edits shall reasonably relate to website planning, building, and marketing (the “Content”). For example, you may share your knowledge, experiences, and best practices related to website planning, building, and marketing.
Responsibility for Your Content
You are solely responsible for Your Content and you assume all risks associated with use of Your Content, including but not limited to any alleged violation of the intellectual property rights of third parties and any reliance by third parties on the accuracy, completeness or usefulness of Your Content. You acknowledge that, because you alone are responsible for Your Content, you may expose yourself to liability based on posting Your Content to the Site, and that Websites.com shall not be liable for any claims based on Your Content.
As with all Visitors, as a Registered User, you are bound by Websites.com’s Acceptable Use Policy.
As with all Visitors, as a Registered User, you are bound by Websites.com’s Intellectual Property Policy.
Limitations on the Site and Service
As a Registered User, you acknowledge that Websites.com may establish limits concerning use of the Site and posting of Your Content on the Site, including limits relating to the number of days that Your Content will be retained by Websites.com, the maximum size or number of postings that you may make on the Site, and the frequency with which you may post Your Content on the Site. You agree that Websites.com has no responsibility to retain Your Content for any period of time, and that Websites.com will not be liable for the deletion of Your Content from the Site. Websites.com retains the right to change, modify or delete Your Content posted on the Site at any time with or without notice to you, and that Websites.com shall not be liable to you or any third party for any such change, modification or deletion.
By registering with Websites.com, you agree that you are solely responsible for your acts, omissions, obligations, representations or misrepresentations related in any way to your use of Websites.com.
By registering with Websites.com, you specifically agree to indemnify, defend and hold harmless Websites.com and its employees, parent companies, subsidiaries, directors, officers, representatives, agents, affiliates and third party beneficiaries, and all governing authorities (“Indemnified Parties”), against any and all claims, lawsuits, actions, liabilities, damages, awards, costs and expenses (including attorneys and expert witness fees) of any kind asserted against any of the Indemnified Parties based on, arising from or related to your use of the Site or Your Content, including, but not limited to, any and all claims alleging a violation of these Registered User Terms and Conditions, Websites.com policy, applicable law, or any third party rights whether based in contract or tort, including without limitation, claims alleging intellectual property infringement, defamation, breach of confidence or right of privacy (collectively, the “Indemnified Claims”). Websites.com reserves the right to defend any Indemnified Claims without your approval. You agree not to enter into any settlement or compromise of any Indemnified Claim without Websites.com’s prior written consent. In the event that Websites.com is threatened with an Indemnified Claim, it may request your written assurances of compliance with these indemnification obligations. Your failure to provide requested written assurances shall constitute a material breach of this Registered User Terms and Conditions and may result in suspension or termination of your account and/or legal action.
Websites.com reserves the right to terminate this Registered User Terms and Conditions automatically if you fail to comply with any provisions in this Registered User Terms and Conditions. You agree that Websites.com is not required to provide you any notice in effectuating such termination. Additionally, Websites.com may terminate this Registered User Terms and Conditions at any time and for any reason and may effect notice of such termination through any means, including but not limited to posting such notice on the Site or otherwise publicly proclaiming such termination. Upon termination, Websites.com may, but is not obligated to, remove Your Content from the Site, and your rights under this Registered User Terms and Conditions are terminated and you agree to stop using the Site. Websites.com shall not be liable to you or any third party for any termination of these Registered User Terms and Conditions.
If there is any dispute about or involving the Site or Websites.com, you agree that any such dispute will be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts in Denver County, Colorado. The failure of Websites.com to exercise or enforce any right or provision of the Registered User Terms and Conditions shall not constitute a waiver of such right or provision. The invalidity or unenforceability of any provision of these Registered User Terms and Conditions shall in no way affect the validity or enforceability of any other provision. The section headings in these Registered User Terms and Conditions are provided for convenience of reference only and are not to be considered in construing or interpreting these Registered User Terms and Conditions.