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Terms of Service

 

The gist:
We (the folks at BeesWaxWebsites.com) run a website hosting service and would love for you to use it. Our basic service is $12.99, and we offer paid upgrades for several advanced features.  Our service is designed to give you as much control and ownership over what goes on your site as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (things like spam, viruses, or serious threats of violence) appear on your site or get linked to from your site.

If you find a BeesWaxWebsites.com site that you believe violates our terms of service, please visit our dispute resolution & reporting page.

(Note, we’ve decided to make the below Terms of Service available under a Creative Commons Sharealike license, which means you’re more than welcome to steal it and repurpose it for your own use, just make sure to replace references to us with ones to you.  We have developed these Terms of Service directly from the lovely folks at WordPress.com, with permission. They spent a lot of money and time on the below, and other people shouldn’t need to do the same.)

 

Terms of Service:
The following terms and conditions govern all use of the BeesWaxWebsites.com website and all content, services and products available at or through the website, including, but not limited to the the BeesWaxWebsites.com hosting service (“Service”) and any other BeesWaxWebsites.com VIP hosting (“VIP Service”), (taken together, the Website). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, BeesWax’s Privacy Policy) and procedures that may be published from time to time on this Site by BeesWax (collectively, the “Agreement”). Your agreement is with BeesWax Millenium, LLC (US).

 

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by BeesWax, acceptance is expressly limited to these terms.

The Website is not directed to children younger than 13, and service on the Website is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use the Website. Any person who registers as a user or provides their personal information to the Website represents that they are 13 years of age or older.

 

1. Your BeesWaxWebsites.com Account and Site. If you create a website and/or a website on the Website, you are responsible for maintaining the security of your account and website, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You must not describe or assign keywords to your website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and BeesWax may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause BeesWax liability. You must immediately notify BeesWax of any unauthorized uses of your website, your account or any other breaches of security. BeesWax will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

 

2. Responsibility of Contributors.If you operate a website, comment on a website, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By making Content available, you represent and warrant that your content does not violate these terms or the User Guidelines.

By submitting Content for inclusion on your BeesWax Website, you grant BeesWax 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 your website and/or website. This license allows BeesWax to make publicly-posted content available to third parties selected by BeesWax so that these third parties can analyze and distribute (but not publicly display) your content through their services.

You also give BeesWaxWebsites.com and its users permission to share your Content on other BeesWaxWebsites.com sites and add their own Content to it (aka to repost your Content), so long as they give you credit as the original author by linking back to your site.

If you delete Content, BeesWax will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, BeesWax has the right (though not the obligation) to, in BeesWax’s sole discretion (i) refuse or remove any content that, in BeesWax’s reasonable opinion, violates any BeesWax policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in BeesWax’s sole discretion. BeesWax will have no obligation to provide a refund of any amounts previously paid.

 

3. Payment and Renewal.

  • General Terms. Optional paid services such as extra storage, domain purchases, website marketing may be or become available on the Website (any such services, an “Upgrade”). By electing to build and maintain your BeesWaxWebsites.com website and/or by selecting any Upgrade, you agree to pay BeesWax the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up and will cover the use of that service for a monthly or annual subscription period as indicated.  Fees are not refundable.
  • Third Party Credit Card Processing.  By electing to build and maintain your BeesWaxWebsites.com website and/or by selecting any Upgrade, you agree to keep a valid credit or debit card on file, which will be billed for services. We may elect to use any third-party credit card payment processor, and you agree to be subject to the processor’s terms of service.  BeesWax agrees to use a processor with a reputation for maintaining strong security and a dedication to protect your personal information.
  • Automatic Renewal. Unless you notify BeesWax before the end of the applicable subscription period that you want to cancel your service, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such service (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Service can be canceled at any time in the “My BeesWax Account” section of your site’s dashboard.

4. VIP Services.

  • Hosting, Support Services. VIP Hosting/Support and VIP Support services are provided by BeesWax under the terms and conditions for each such service, which are located at beeswaxwebsites.com/VIP.  By signing up for a VIP Hosting/Support or VIP Support services account, you agree to abide by such terms and conditions.

5. Responsibility of Website Visitors. BeesWax has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, BeesWax does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. BeesWax disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

 

6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which BeesWaxWebsites.com links, and that link to BeesWaxWebsites.com. BeesWax does not have any control over those non- BeesWaxWebsites.com websites and webpages, and is not responsible for their contents or their use. By linking to a non- BeesWaxWebsites.com website or webpage, BeesWax does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. BeesWax disclaims any responsibility for any harm resulting from your use of non-BeesWax websites and webpages.

 

7. Copyright Infringement and DMCA Policy. As BeesWax asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by BeesWaxWebsites.com violates your copyright, you are encouraged to notify BeesWax in accordance with BeesWax’s Digital Millennium Copyright Act (“DMCA”) Policy. BeesWax will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. BeesWax will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of BeesWax or others. In the case of such termination, BeesWax will have no obligation to provide a refund of any amounts previously paid to BeesWax.

 

8. Intellectual Property. This Agreement does not transfer from BeesWax to you any BeesWax or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with BeesWax. BeesWax, BeesWaxWebsites.com, the BeesWaxWebsites.com logo, and all other trademarks, service marks, graphics and logos used in connection with BeesWaxWebsites.com, or the Website are trademarks or registered trademarks of BeesWax or BeesWax’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any BeesWax or third-party trademarks.

 

9. Advertisements. BeesWax reserves the right to display advertisements on your website unless you have purchased an Ad-free Upgrade or a VIP Services account.

 

10. Attribution. BeesWax reserves the right to display attribution links such as ‘Built By BeesWaxWebsites.com,’ theme author, and font attribution in your website footer or dashboard. Footer credits and the BeesWaxWebsites.com dashboard may not be altered or removed regardless of upgrades purchased.

 

11. Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”) and the Domain Name Registration and Customer Service Agreement.

 

12. Changes. We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on one of our websites, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using BeesWaxWebsites.com within the designated notice period. Your continued use of BeesWaxWebsites.com will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

 

13. Termination. BeesWax may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your BeesWaxWebsites.com account, Service can be canceled at any time in the “My BeesWax Account” section of your site’s dashboard. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

14. Disclaimer of Warranties. The Website is provided “as is”. BeesWax and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither BeesWax nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

 

15. Limitation of Liability. In no event will BeesWax, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to BeesWax under this agreement during the twelve (12) month period prior to the cause of action. BeesWax shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

 

16. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the BeesWax Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

 

17. Indemnification. You agree to indemnify and hold harmless BeesWax, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

 

18. Translation. These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

 

18. Miscellaneous. This Agreement constitutes the entire agreement between BeesWax and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of BeesWax, or by the posting by BeesWax of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of North Carolina, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Buncombe County, North Carolina. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Asheville, North Carolina, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; BeesWax may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

 

User Guidelines
Mature Content Policy
What BeesWax considers to be private information
 

Last update: JUN 2015

 
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