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Acceptable Use Policy

Intellectual Property Policy

Websites.com Terms and Conditions

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 following Websites.com Terms and Conditions (the “Terms and Conditions”). These Terms and Conditions set forth your rights and obligations when utilizing Websites.com (the “Site”) as a Visitor, including a Visitor who is also a Registered User or a Partner. A “Visitor” is anyone who accesses, browses, crawls, scrapes, or in any way uses the Site. A “Registered User” is anyone who completes the registration process to become a registered user of the Site. A “Partner” is anyone who completes the registration process to become a partner of the Site. The terms “you” and “your” refer to you, as a Visitor of the Site. The terms “we” and “us” refer to Websites.com.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. By accessing, browsing, or using the Site, you specifically agree to be bound by these Terms and Conditions, including all documents, policies and guidelines incorporated by reference.

Websites.com may revise these 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 Terms and Conditions will be effective at such time as the revisions are posted on the Site. You should revisit these Terms and Conditions on a regular basis, as your continued use of the Site after changes to these Terms and Conditions are posted on the Site shall constitute your acceptance of any modifications to these Terms and Conditions. Registered Users and/or Partners may subscribe to receive notifications of these changes in their Account Information. Visitors may subscribe to receive notifications of these changes by sending a request e-mail to support@websites.com with the subject listed as “Subscribe: Terms and Conditions Notifications”.

Last Updated: May 11, 2009

If you are a Registered User of the Site, please click here to view the additional Terms and Conditions that apply to you.

If you are a Partner of the Site, please click here to view the additional Terms and Conditions that apply to you.

If you are looking for our Intellectual Property Policy (the “IPP”) (and for information on the DMCA), please click here, and for our Acceptable Use Policy (the “AUP”), please click here.

General Terms and Conditions for Websites.com

Websites.com offers user-provided and edited information regarding website planning, building, and marketing. Websites.com may provide the means for a Visitor to acquire and disseminate a wealth of public, private, commercial, and non-commercial information.

Use of Site

Websites.com may, in its sole discretion and without notice, deny any person or company access to the Site or any portion thereof. As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Site in any manner that could damage, disable, overburden, or impair any Websites.com server or interfere with any other Visitor’s use and enjoyment of the Site. You may not attempt to gain unauthorized access of any form or kind to other’s accounts, information, computer systems, or networks connected to the Websites.com server or related to the Site through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.

Websites.com reserves the right to refuse service, terminate account(s), and/or prohibit access to the Site in its sole discretion, including, without limitation, if Websites.com believes that conduct violates applicable law, is harmful to the interests of Websites.com, or for any other reason. Websites.com further reserves the right to pursue any legal action available against any user whose use violates the state, federal, or local law or these Terms and Conditions.
The availability of the Site and any information included on the Site is subject to change without notice.

Third Party Content

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. The Site contains information that is provided by Registered Users and third parties and Websites.com cannot, and does not, monitor, verify, warrant, or vouch for the accuracy and quality of the information that you may acquire from the Site. Also, it is solely your responsibility to exercise your best judgment in relying on information contained on the Site. Visitors should be aware that some material posted to the Internet, and subsequently on Websites.com may be sexually explicit or otherwise offensive.

Websites.com does not review, edit, censor, or take responsibility for any information Websites.com’s Registered Users may create. Websites.com will not be liable for any injury to you that results from the use of any inaccurate, unsuitable, offensive, or illegal Internet communications, including but not limited to content created by Websites.com’s Registered Users.Websites.com does not endorse any particular content or information available on the Site.

Websites.com does provide content that has been purchased from Internet authors, however, any views presented in such content are those of the authors, not of Websites.com. Websites.com does not and cannot represent that any content or information available on or through the Site is accurate, appropriate, decent, in compliance with laws, suitable for any purpose, sufficient to meet your needs or interests in reviewing it, or is what it purports to be. The Site contains hyperlinks and/or other references to other websites which Websites.com does not own or operate. Such hyperlinks are provided for your reference only. Websites.com makes no warranties or representations regarding the availability of, or the content located on or through, such third party websites. Moreover, Websites.com does not endorse, sponsor, or review the content contained at the Internet websites to which hyperlinks are directed, nor does Websites.com represent that such websites are appropriate for children, in compliance with laws, or are what they purport to be. Websites.com will not be liable for content contained at such other Internet websites. Likewise, the parties who own, control, or operate the sites at which such hyperlinks are directed do not necessarily have knowledge of, endorse, sponsor, or approve of the hyperlink or content contained at the Site.

Disclosure of Visitor Information

Websites.com may disclose information about its Visitors, including any Registered User or Partner, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Websites.com assumes no obligation to inform the Visitor that his or her information has been provided and in some cases may be prohibited by law from providing such notice. Websites.com reserves the right to and may disclose subscriber information or information transmitted over its network where necessary to protect Websites.com and others from harm, or where such disclosure is necessary to the proper operation of the system.

Cookies and Web Beacons

When you visit the Site, Websites.com may send your computer a cookie to identify your browser. Cookies allow Websites.com to track and compile your browsing habits on the Site. Websites.com uses cookies for such functions as verifying whether you are a Registered User, tracking your visits to the Site and determining the number of Visitors that visit the Site. Your cookie number may also be used to create usage paths and to correlate those with any demographic information you provide, but Websites.com does not use such cookies or usage paths to attempt to determine your identity. Websites.com may use cookies to serve specific advertisements to you on the Site based on your browsing habits which were tracked by the cookies.

Most browsers allow you to disable cookies (i.e., not allow Websites.com’s servers to send Cookies to your browser); however, some of Websites.com’s services may not function properly if you disable cookies.

Websites.com may also use technology such as pixel tags (also known as clear gifs) and web beacons in connection with e-mails Websites.com may send you (provided you consent to receive emails) to allow Websites.com to determine if you opened the email.

Websites.com also may use such technology to track your browsing habits on the Site. Websites.com uses technology, including pixels and web beacons, to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. Websites.com may use technology, including pixels and web beacons, to serve specific advertisements to you on the Site based on your browsing habits which were tracked by the technology.

Access to the Site

The proprietary software associated with the Site, which shall be deemed to include any enhancements or modifications thereto and any related documentation, is a copyrighted work (and subject to other intellectual property laws). Subject to your compliance with the Terms and Conditions, and in consideration of your promises reflected in these Terms and Conditions, Websites.com grants to you a personal, nonexclusive, non-assignable, non-sublicensable and nontransferable license to use the Site (and the underlying accessible software for the sole purpose of using this Site) from a single computer and to use the Site solely as permitted under the Terms and Conditions.

Acceptable Use Policy

All Visitors must comply with Websites.com’s Acceptable Use Policy. You agree to comply with the Acceptable Use Policy and not to engage in any of the activities that are prohibited in the Acceptable Use Policy, available here. Websites.com will not, as an ordinary practice, monitor the communications of its Visitors to ensure that they comply with Websites.com policy or applicable law. When Websites.com becomes aware of harmful activities, however, Websites.com may take any action to stop the harmful activity, including but not limited to, editing or modifying information, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Site, or take any other action Websites.com deems appropriate.

Intellectual Property Policy

All Visitors must comply with Websites.com’s Intellectual Property Policy, available here.

Find a Vendor Directory

Information provided by “Vendors” on the Find a Vendor Directory (the “Directory”) are provided by the Vendor and are not reviewed for accuracy, quality, or content by Websites.com. Your choice to contact or use a Vendor from the Directory is at your own risk and should be based upon your own independent research about that Vendor. If you choose to have the Vendor contact you, your information will be transmitted to that Vendor.

Disclaimer of Warranties

YOU AGREE THAT THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. WEBSITES.COM 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. WEBSITES.COM MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES WEBSITES.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE. WEBSITES.COM MAKES NO WARRANTY AS TO THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT, INCLUDING WITHOUT LIMITATION ANY PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE DIRECTORY.

Limitations of Liability

YOU AGREE THAT WEBSITES.COM WILL NOT BE LIABLE FOR ANY ACTUAL, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM YOUR USE OF THE SITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE, FROM YOUR INABILITY TO USE THE SITE, FROM THE INTERRUPTION, SUSPENSION, MODIFICATION OR TERMINATION OF THE SITE, OR OTHERWISE. YOU AGREE THAT WEBSITES.COM’S ENTIRE AGGREGATE LIABILITY, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO YOUR USE OF THE SITE AND SITE CONTENT AND ANY SERVICES PROVIDED UNDER THE TERMS AND CONDITIONS AND ANY BREACH OF THE TERMS AND CONDITIONS IS SOLELY LIMITED TO THE AMOUNTS PAID FOR SUCH ACCESS, USE AND/OR SERVICES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

General Information

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 Terms and Conditions shall not constitute a waiver of such right or provision. The invalidity or unenforceability of any provision of these Terms and Conditions shall in no way affect the validity or enforceability of any other provision. The section headings in these Terms and Conditions are provided for convenience of reference only and are not to be considered in construing or interpreting these Terms and Conditions.

Acceptable Use Policy

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 an Acceptable Use Policy. This Acceptable Use Policy sets forth your rights and obligations when utilizing websites.com (the “Site”) as a Visitor, including a Visitor who is also a Registered User or a Partner. This Acceptable Use Policy will be revised from time to time. A Visitor’s use of the Site after changes to the Acceptable Use Policy are posted on the Site will constitute the Visitor’s acceptance of any new or additional terms of the Acceptable Use Policy that result from those changes.

Websites.com does not review, edit, censor or take responsibility for any information that its Registered Users may create. When Registered Users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech.

Last Updated: May 11, 2009

Prohibited Activities

Visitors shall not engage in any of the following prohibited activities, which are considered violations of Websites.com’s Acceptable Use Policy:

• Spamming. Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). When a complaint is received, Websites.com has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.

• Intellectual Property Violations. Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in any activity that violates privacy, publicity, or other personal rights of others. In some circumstances, Websites.com is required by law to remove or block access to content upon receipt of a proper notice of copyright infringement. It is Websites.com's policy to terminate the privileges of Users who commit repeat violations of copyright laws and/or the Terms and Conditions and/or this Acceptable Use Policy.

• Obscene Speech or Materials. Using Websites.com to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Websites.com will notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, Websites.com's network.

• Defamatory or Abusive Language. Using Websites.com's network as a means to transmit or post unlawful, harmful, defamatory, libelous, harassing, abusive, or threatening language.

• Forging of Headers. Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

• Illegal or Unauthorized Access to Other Computers or Networks. Accessing illegally, or without authorization, computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Engaging in any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

• Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities. Distributing information regarding the creation of and/or sending of Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Engaging in any activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

• Facilitating a Violation of this AUP. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate the Terms and Conditions or the Acceptable Use Policy, which includes the facilitation of the means to spam, initiate pinging, flooding, mailbombing, denial of service attacks, and piracy of software.

• Export Control Violations. Exporting encryption software over the Internet or otherwise, to points outside the United States.

• Use of the Site. Engaging in any of the following activities: (i) copying or distributing any software or source code behind the Site to any third party; (ii) reverse engineering, disassembling or decompiling any portion of the Site or otherwise attempting to discover or re-create the source code to the Site; (iii) failing to comply with all applicable laws in using or accessing the Site; (iv) making any modification, adaptation, improvement, enhancement, translation, or derivative work of or to any portion of the Site (except for the content); and (v) removing, altering, or obscuring any proprietary notices (including copyright notices) of Websites.com or its suppliers in any portion of the Site, unless you have a separate written agreement with Websites.com authorizing you to do so.

• Other Illegal Activities. Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

• Other Activities. Engaging in activities, whether lawful or unlawful, that Websites.com determines to be harmful to its subscribers, operations, reputation, goodwill, customer relations, and Visitors, including Registered Users and/or Partners.

Compliance with the Acceptable Use Policy

Websites.com will not, as an ordinary practice, monitor the communications or content of its Registered Users to ensure that they comply with Websites.com policy or applicable law. When Websites.com becomes aware of activities it, in its sole discretion, determines to be harmful, however, it may take any action to stop the harmful activity, including but not limited to, modifying or removing information, shutting down a web page, implementing screening software designed to block offending transmissions, denying access to the Site, or take any other action it deems appropriate.

Disclosure of Information

Websites.com may disclose information, including but not limited to, information concerning a Visitor, including a Registered User or a Partner, subscriber, a transmission made using its network, or a website, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, preservation request or governmental request. Websites.com assumes no obligation to inform the subject of these requests that information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Websites.com may disclose Visitor information or information transmitted over its network where necessary to protect Websites.com and others from harm, or where such disclosure is necessary to the proper operation of the system.

Reporting Violations of the Acceptable Use Policy

To submit a complaint regarding a violation of this Acceptable Use Policy, please e-mail abuse@Websites.com.

Intellectual Property Policy

Websites.com respects intellectual property rights. As with all user-driven and information-based forums, infringement disputes may arise. Websites.com strives to avoid intellectual property disputes and has adopted policies and procedures to guard against the same. Websites.com has adopted the following procedures relating to copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. sec. 512, and has implemented like procedures for addressing other intellectual property claims.

Copyright Infringement Complaints:

Due to the user-driven and open nature of this Site, it is possible that users may post content that you contend infringes your copyrights. If you believe that your copyrights have been infringed, please provide Websites.com with a written notice of infringement (“Infringement Notice”) that complies with the Digital Millennium Copyright Act (“DMCA”) 17 U.S.C. sec. 512(c), preferably by email. Under Title 17 U.S.C. sec. 512(c), a valid Infringement Notice must include the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Send the above information to the designated agent, Tessa Pope, Esq. at:
E-mail: copyright@Websites.com
Fax: 303-708-2494
US Mail: Websites.com DMCA Compliance
Tessa Pope, Esq.
c/o Legal Department
Verio Inc.
8005 S. Chester St. Suite 200
Centennial, Colorado 80112

Do not send any inquiries unrelated to copyright infringement (e.g. requests for technical assistance or customer service, reports of e-mail abuse) to the contact listed above. You will not receive a response if sent to the contact listed above.

Websites.com will respond to notices of alleged infringement that comply with the DMCA and, where applicable, will expeditiously remove or disable access to the allegedly infringing content subject to the procedures outlined in the DMCA. We caution you that under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to heavy civil penalties. These include monetary damages, court costs and attorneys fees incurred by us, by any copyright owner, or by any copyright owner’s licensee that is injured as a result of our relying upon your misrepresentation. You may also be subject to criminal prosecution for perjury. You may wish to examine the DMCA yourself and/or contact an attorney to explain what rights you may have under the DMCA. Websites.com cannot, and will not, provide legal advice

Other Intellectual Property Infringement Complaints

If you contend that information posted at Websites.com infringes other intellectual property rights, please send a notice of infringement that contains the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the work, mark or right claimed to have been infringed, or, if more than one, a list of all such works, marks and/or rights at that site.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the owner of the work, mark or right, its agent, or the law.

E-mail: copyright@Websites.com
Fax: 303-708-2494
US Mail: Websites.com DMCA Compliance
Tessa Pope, Esq.
c/o Legal Department
Verio Inc.
8005 S. Chester St. Suite 200
Centennial, Colorado 80112

You may wish to contact an attorney to explain what rights you may have regarding your infringement claim. Websites.com cannot, and will not, provide legal advice.