TERMS AND CONDITIONS
TERMS AND CONDITIONS
This Terms of Service (this “Agreement”) is between TS Newstart, LLC DBA Smart 1 Marketing (“we”, “us”, “System” or “S1M”) and the person using our services (“you”, “User” or “Customer”). We provide you with access to our System that helps you create websites, manage their content and customization as well as hosting services and domains. Listed below are the terms and conditions of using our System. They are necessary in order to maintain a good practice and protect us and yourselves.
1.Creating an account
To enter the System you need to provide a name, email and a password and to agree to the terms and conditions listed below. You will be given an unique S1M URL for each of the websites you create. It is your responsibility and yours only to keep and maintain the safety of your account and password. If the information given by you is untrue, wrongful or in violation of our terms, we can suspend or terminate your account. The email used for the registration of the account is considered as the owner of the account and has the right to request assistance from us regarding the account.
2. Your Content
You are responsible for any content that is in your website such as images, videos, audio files, design elements, logos, fonts, texts and more. We are not responsible for any of your content. We are also not responsible for content that has been lost because of the use of S1M, it is your obligation to keep safe and back-up regularly your content. We do not monitor what content has been used in a website and we are not to be held responsible for anyone breaking the terms and conditions but we have the right to delete such harmful content or even terminate accounts if so.
You own all intellectual property associated with your account such as images, videos, audio files, design elements, logos, fonts, texts and any other materials and files created by you and existing on your website. You hereby grant S1M the non-exclusive, royalty-free, unalterable, interchangeable rights to your website content in order for Us to provide you with S1M’s Services.
3. Your Obligations
- You certify and warrant that you are at least 13 years of age. People under the age of 13 are not permitted to use our services.
- To keep your S1M account login information safe.
- To provide us with up to date, accurate and valid personal information at all times.
- You own the rights to any content uploaded by you on your website, including images, videos, audio files, design elements, logos, fonts, texts and anything that you do have the rights to use.
- The content materials can not be used in unlawful or harmful way.
- You must notify us immediately if you become aware of any unauthorised use of your account.
- Your content must not be illegal, unlawful, threatening, abusive, harassing, tortuous, vulgar or obscene in any way, must not infringe any person's legal rights.
- You may not send unsolicited messages (SPAM) or any unethical advertising of such sort that is considered as “spam” or harmful in any way.
- Your should not upload viruses, worms, Trojan horses or any other malicious code, files, or programs that may interrupt, destroy, or limit the functions and services of S1M.
- You may not upload content that contains scam.
- You may not try to hack, break or override the functions and stability of S1M or try to exploit the System in any way.
- You may not use the System to create any scam websites and promotions with misleading content that can harm or scam visitors.
- You may not use S1M for distributing, storing or, in any way, using the System for pornographic or adult content and services.
You acknowledge and agree that If you are reasonably found guilty of violating of any of these rules and obligations, this may cause immediate termination of your account with no refund for the services that has already been payed for. You may also be forbidden from having an account in the System.
4. What we provide
S1M provides a website building system,templates (themes), website hosting from third party company and domain registration from third party company. The images used for the creation of the mockup themes are released under Creative Commons CC0 (https://creativecommons.org/publicdomain/zero/1.0/deed.en). S1Mdoes not hold any rights to images used for the creation of the themes.
5. Trial Subscription
S1M provides a 14 day trial to all newly created websites and you can use the services according to the Agreement for the period of those 14 days. Upon completion of those 14 days the website will become non-active until the User subscribe for the paid S1M services. Trial period is permitted for you, the User, to be able to test and create a website to your likes before committing a paid subscription. S1M has the right to terminate or cancel trial subscriptions in any time for any reasons.
6. Service Fees
- Service fees are applicable upon signing for the paid services of S1M that can be monthly or yearly.
- All Fees are in USD and are exclusive of all taxes and you are responsible for payment thereof. S1M is not liable for any taxes or fees related with commercial products.
- The payment for the applicable fee is in advance of your subscription period according to the Agreement.
- You can upgrade or downgrade at anytime. If upgrading, you will be charged the difference between the two subscription plans for the extra services. Downgrade refunds are applicable only for yearly subscriptions, up to 14 days after the subscription is made. There are NO refunds for monthly downgrades. If downgrading from a yearly subscription, a calculated amount will be refunded to you according to the actual service fees of the two subscription services. Downgrading may cause a loss of information and services due to the difference between the plans. There are refund for monthly downgrades.
- Refunds are allowed only for yearly subscriptions and up to 14 days after the subscription is made. If such refund is issued by the User, he will be refunded the full amount he has paid. The refund amount might be subject to transfer taxes that will be for the cost of the User and will be transferred to the card used for paying the initial subscription cost. Cash refunds are NOT applicable for “Combo Deals” or “Exclusive Deals” (Custom design and development).
- If a custom domain is claimed with an yearly subscription and the Customer cancels their services in the 14 day refund period, the full amount of the domain will be deducted of the refunded amount.
- At the end of a contract term, the services will be automatically renewed for the same period of time until EXPLICITLY canceled by the User. Cancellation must be made via the System and at least 24 hours prior to the end of the contract period.
- If you purchase S1M subscription services, you agree to S1M and third party services to use and store your credit/debit card information. You authorize us to charge you for any S1M Services that you may purchase and any applicable taxes connected with the payment card services. You will reimburse us for all collection costs and interest for any overdue amounts. If the payment card expires or you do not provide us with a new payment card nor cancel your subscription, you authorize us to continue billing you and you will remain responsible for any uncollected Fees.
- You are responsible for the fair usage of your website and you can be charged for abnormal server or traffic usage on our unlimited subscription plans. You will be charged for the resources used by your website.
7. Service Cancellation
Failure to comply with any of S1M’s terms or pay due fees you entitle S1M to cancel or suspend your account services and website. You can cancel your services at any time, no questions asked.
- Services can be terminated by us at any time without a cause.
- You can terminate your services at any time without a cause according to the cancellation procedures.
- If the Agreement terms are valuated it may result in penalties or immediate termination of services without payment refund in any way.
- Upon termination S1M has the right to delete all files, data or information associated with the terminated account.
With subscribing for yearly subscription you have the right to claim a free custom domain (only for the first year of annual subscription). All domains are brought to you by third party companies partnering with us to provide such service. By claiming a domain you are agreeing with the domain register company’s terms and conditions and our participation in the purchasing of the domain.
If you issue a refund and claimed a free custom domain you will be charged $20. The fee will be taken from the refund sum. Transferring domain might be subject to further fees from the third party domain provider.
You are the legal and rightful owner of the registered domain. Your domain registration will be automatically renewed with each yearly payment according to our price plan, unless cancelled from the admin panel or by contacting a support representative of S1M.
Once a register of a domain is made, it is final and there cannot be a refund or change of domains.
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under 13, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation's consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online. We do not specifically market to children under 13.
10. WARRANTY AND DISCLAIMER
S1M shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by S1M or by third-party providers, or because of other causes beyond S1M’s reasonable control, but S1M shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, S1M DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND S1M DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
S1M shall hold Customer harmless from liability to third parties resulting from infringement by the Service of any United States patent or any copyright or misappropriation of any trade secret, provided S1M is promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement; S1M will not be responsible for any settlement it does not approve in writing. The foregoing obligations do not apply with respect to portions or components of the Service (i) not supplied by S1M, (ii) made in whole or in part in accordance with Customer specifications, (iii) that are modified after delivery by S1M, (iv) combined with other products, processes or materials where the alleged infringement relates to such combination, (v) where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) where Customer’s use of the Service is not strictly in accordance with this Agreement. If, due to a claim of infringement, the Services are held by a court of competent jurisdiction to be or are believed by S1M to be infringing, S1M may, at its option and expense (a) replace or modify the Service to be non-infringing provided that such modification or replacement contains substantially similar features and functionality, (b) obtain for Customer a license to continue using the Service, or (c) if neither of the foregoing is commercially practicable, terminate this Agreement and Customer’s rights hereunder and provide Customer a refund of any prepaid, unused fees for the Service.
12. LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, S1M AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND S1MS REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO S1M FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT S1M HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Modifications of the Service.S1M may make modifications and changes on the existing services or components and will use reasonable efforts to notify all it’s Customers about those changes. The changes are effective upon the date of the change. S1M shall not be liable for modifications and actions of third party services.
Modifications to the Agreement and the Fees may occur. You will be notified prior to those changes being applied to your account. If you refuse or fail to pay such fees we will cancel your subscription.
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Customer except with S1M’s prior written consent. S1M may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind S1M in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorney’s fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by the State of Ohio laws without regard to its conflict of laws provisions.
Last update: Dec 28, 2017