Terms of Use

Last Revised: June 1, 2012

Welcome to the Site44.com service. We value your patronage and the trust you place in us to provide you with products and services relevant to you. As such, we have developed a consistent set of rules-these Terms of Use-to fairly, consistently and respectfully ensure that our service is used properly.

In order to use our service, you must agree to these Terms of Use. Please read these Terms of Use carefully. They are important and contain information and legal disclosures that you should be aware of, including the terms of sale that apply when you buy something through our service and other terms that specify permissible uses of our service.

Note, we've decided to make the below Terms of Use 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 adapted the terms of service from WordPress.com in generating our Terms of Use, and we greatly appreciate their generosity in sharing them.

  1. Acceptance of Terms of Use

    Planet Rational, Inc. ("We" or "Planet Rational") owns and operates the website www.Site44.com through which it offers services and software that permit anyone to create, host and publish web content (the website, services and software are collectively referred to as the "Service" throughout these Terms of Use).

    As a condition of your use of the Service, you agree that:

    • You are an individual person at least 18 years of age;
    • You possess the authority to create a binding legal obligation;
    • Your use of this Service will at all times comply with these Terms of Use;
    • You have the right to provide any and all information you submit to the Service, the information is only about yourself, and all such information is accurate, true, current and complete.

    By accessing and using the Service, you agree to be bound by these Terms of Use. If you do not agree to all of the terms and conditions contained in these Terms of Use, do not use the Service in any manner. Planet Rational reserves the right to limit or terminate your access to the Service if you do not comply with these Terms of Use.

    Planet Rational reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of these Terms of Use at any time, with or without notice to you. Please check these Terms of Use periodically for changes. Your continued use of the Service after the posting of any changes to the Terms of Use or after our sending of notice of any changes or updated policy to you means that you have accepted those changes.

  2. Your Site44.com Account

    If you create a website on the Service (such a website is referred to as a "customer website" or "website" in these Terms of Use), you are responsible for maintaining the security of your account and your website, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your website. You must immediately notify Planet Rational of any unauthorized uses of your website, your account or any other breaches of security. Planet Rational 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.

  3. Responsibility of Contributors

    If you operate a customer website, or make (or allow any third party to make) material available by means of the Service (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 whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
    • your website is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods;
    • your website is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your website's URL or name is not the name of a person other than yourself or company other than your own; and
    • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Planet Rational or otherwise.

    Planet Rational claims no ownership interest in the content of your website. By submitting Content to Planet Rational for inclusion on your website, you grant Planet Rational 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. If you delete Content, Planet Rational will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

    Without limiting any of those representations or warranties, Planet Rational has the right (though not the obligation), in Planet Rational's sole discretion, to (i) refuse or remove any Content that, in Planet Rational's reasonable opinion, violates these Terms of Use, any Planet Rational policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Planet Rational's sole discretion. If you paid for optional or premium services, Planet Rational will have no obligation to provide a refund of any amounts previously paid.

  4. Payment and Renewal

    Optional paid services such as extra customer websites and greater data transfers are available on the Service (any such services are referred to as an "Upgrade"). By selecting an Upgrade you agree to pay Planet Rational 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 for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.

    Unless you notify Planet Rational before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time.

  5. Responsibility of Visitors

    The Service may display content that is not Planet Rational's. This content is the sole responsibility of the entity that makes it available through our Service. We may review some of the Content to determine whether it is illegal or violates these Terms of Use or our policies, and we may remove or refuse to display content that we reasonably believe violate our policies or the law. However, we do not review Content posted to or through the Service and therefore we are not responsible for that Content's use or effects. By operating the Service, Planet Rational does not represent or imply that it endorses the material 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 Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Service 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. Planet Rational disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of that content..

  6. Content Posted on Other Websites

    7. The Service may contain links to third-party sites that are not under the control of Planet Rational, and Planet Rational is not responsible for nor does it guarantee the accuracy or integrity of, the content(s) of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that Planet Rational endorses or accepts any responsibility for the content on any third-party site. Your correspondence or business dealings with, or participation in any third party website found through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party.

    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. Planet Rational is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third party websites on the Service.

  7. Copyright Infringement and DMCA Policy

    As Planet Rational asks others to respect its intellectual property rights, it respects the intellectual property rights of others.

    In addition to any other use restrictions set forth in these Terms of Use, you may not engage in or facilitate the posting, modification, distribution, or reproduction of any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Planet Rational to terminate all privileges of any user who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Company by the copyright owner or the copyright owner's legal agent. In the case of such termination, Planet Rational will have no obligation to provide a refund of any amounts previously paid to Planet Rational.

    Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please contact us with the following information:

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    2. 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.
    3. 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 us to locate the material. Providing URLs in an email enables us to most efficiently locate and remove the infringing material.
    4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which the you may be contacted.
    5. A statement that you have 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.
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    The above information should be sent via email to dmca@site44.com, or via U.S. Mail to:
    Planet Rational, Inc.
    Attn: Copyright Agent
    15600 N.E. 8th Street
    Suite B1-717
    Bellevue WA 98008

  8. Privacy Policy

    Planet Rational respects your privacy. Planet Rational's Privacy Policy can be found at www.Site44.com/privacy. By using the Service, you are consenting to the terms of our Privacy Policy.

  9. Intellectual Property

    Everything located on or in the Service is the exclusive property of Planet Rational or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE CUSTOMER WEBSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF PLANET RATIONAL OR THE OWNER OF THE CUSTOMER WEBSITE IS PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

    The Service contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Service are protected by copyright as a collective work under the United States copyright laws. Planet Rational owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it.

    You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content of the Service, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Planet Rational or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

    Site44, Site44.com, and Planet Rational are trademarks of Planet Rational, Inc. Product names, logos, brands, and other trademarks featured or referred to within Site44.com are the property of their respective trademark holders. These trademark holders are not affiliated with Planet Rational, our products, or Site44.com. They do not sponsor or endorse Planet Rational or any of our online solutions.

  10. 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"), including their Registration Rights and Responsibilities.

  11. Changes

    Planet Rational reserves the right, at its sole discretion, to modify or replace any part of these Terms of Use. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of or access to the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes. Planet Rational may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of these Terms of Use. We also reserve the right to change or discontinue any aspect or feature of the Service including, but not limited to, requirements for access or use.

  12. Termination

    Planet Rational may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account (if you have one), you may simply discontinue using the Service. All provisions of these Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  13. Disclaimer of Warranties

    YOU EXPRESSLY AGREE THAT USE OF THIS SERVICE IS AT YOUR SOLE RISK. NEITHER PLANET RATIONAL, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SERVICE, OR (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, PRODUCT DESCRIPTIONS), SERVICE, OR PRODUCTS PROVIDED THROUGH THIS SERVICE. THE SERVICE AND ALL CONTENT, STATEMENTS (AS DEFINED BELOW) AND OTHER INFORMATION CONTAINED ON THE SERVICE, AND PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SERVICE ARE MADE ACCESSIBLE OR AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. PLANET RATIONAL HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE CONTENT, STATEMENTS OR OTHER INFORMATION CONTAINED ON THE SERVICE, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

  14. Limitation of Liability

    IN NO EVENT SHALL PLANET RATIONAL, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, THE CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED THEREIN, THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SERVICE OR THESE TERMS OF USE. IN NO EVENT WILL PLANET RATIONAL'S LIABILITY IN CONNECTION WITH A DISCOUNT OR A PRODUCT OR SERVICE EXCEED THE AMOUNTS PAID FOR SUCH DISCOUNT, PRODUCT OR SERVICE. THE TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS ($500.00), WHICHEVER IS LESS.

    Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within the Service. The Service may contain technical inaccuracies or typographical errors. Planet Rational assumes no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions on the Service.

  15. General Representation and Warranty

    You represent and warrant that (i) your use of the Service will be in strict accordance with the Planet Rational 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 Service will not infringe or misappropriate the intellectual property rights of any third party.

  16. Indemnification

    You agree to indemnify, defend, and hold Planet Rational and its affiliates, officers, agents, co-branders, partners, and employees harmless from any claim or demand made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of these Terms of Use or Privacy Policy, or your violation of any rights of other users of the Service. Any such indemnification shall include the payment of reasonable attorney's fees incurred in the defense of such claim.

  17. Notices

    We may be required by state or federal law to notify you of certain events. In addition, we may need to notify you from time to time regarding changes to these Terms of Use or to the Service. You agree that such notices will be effective upon our posting them on the Service, sending them to you through email or postal mail, or notifying you via other means required by law. If you do not provide us with accurate information to contact you, we will not be held liable if we fail to notify you.

    You consent to receiving any notices regarding the Terms of Use or the Privacy Policy or any notice required by law, including notice of any breach of security involving your personally identifiable information, through email. Any notices that we send to you by email will be sent to the email address you provided when you registered for an account or the email address in your profile.

  18. Dispute Resolution

    We will make every reasonable effort to resolve any disagreements that you might have with Planet Rational. If those efforts fail, by using this Service you agree, except for claims for injunctive or equitable relief or claims regarding intellectual property rights, that any claim, dispute, or controversy you may have against Planet Rational arising out of, relating to, or connected in any way with these Terms of Use, the Service or the purchase or sale of any goods or services on Site44.com, shall be resolved exclusively by final and binding arbitration in accordance with the Comprehensive Arbitration Rules ("Rules") of the Judicial Arbitration and Mediation Services, Inc. ("JAMS") and conducted in English before a single arbitrator pursuant to the Rules. You agree further that the arbitration shall take place in Bellevue, Washington. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees.

  19. Miscellaneous

    This Agreement constitutes the entire agreement between Planet Rational and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Planet Rational, or by the posting by Planet Rational of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of the state of Washington, 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 King County, Washington.

    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 these Terms of Use to any party that consents to, and agrees to be bound by, its terms and conditions; Planet Rational 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.

  20. Comments And Questions

    If you have any comments or questions, you may address them to Planet Rational, Inc., 15600 N.E. 8th Street, Suite B1-717, Bellevue, WA 98008, or by email at info@site44.com.