Before using the Neosites website service ("Neosites" or "Service"), you must read and accept the following terms and conditions ("T&C" or "Terms"), as well as check all changes that could be applied to the same. Your use of the Service is subject to these Terms and by using the Service, you signify your acceptance of these Terms. If you do not agree to these Terms, do not use the Service.
The Neosites Service is a tool to build, maintain and host websites and e-mails with custom domains, for sale to the mass public, especially to small businesses and individuals, offering a free version with limited functionality and a paid version with various features through Premium Plans.
This instrument is a legal agreement between you, the user of our products or any company that you represent, hereinafter "User" or "Users", and Neosites Inc, hereinafter "Neosites" or "Service."
DO NOT USE THE SERVICE, DO NOT REGISTER OR BUY ANY PRODUCTS RELATED TO THE SERVICE, IF YOU HAVE NOT READ OR DO NOT AGREE TO THE TERMS AND CONDITIONS EXPRESSED HERE (hereinafter "T&C" or "Terms").
Neosites provides the services available to the software under the legal terms Neosites publishes herein and reserves the right to update and modify the legal terms when appropriate.
The User agrees to use the Service exclusively in the way presented on the Service's web properties, and agrees not to use the Service for other purposes which violate, distribute, alter, reproduce, publish, sell under license, create products, sell or rent all or part of the Service's software, content and all other intellectual property.
Neosites reserves the right to appeal to courts to punish any intentional effort to manipulate information or software, willfully damage and try to "hack" or compromise the security of the Service. In these cases it additionally has the option of taking legal action designed to offset the damage incurred.
All software provided by Neosites and intellectual property therein is protected by law and illegal to copy, sell or rent without prior written consent by Neosites.
Users are issued non-transferable licenses upon agreeing to use the Service. The structure, concepts, patterns, ideas, content and programming code are owned by Neosites and are protected by law.
Users can not use this software on other servers, nor may they copy, modify or intervene in any way, nor may they alienate in any course, whether directly or through related parties, or through dependents and / or agents, to license the Service, or to attempt to deliver the same service, source code and / or programs that are part of it.
All content provided by Neosites, its partners and its suppliers, displayed within any web property of the Service, including but not limited to text, logos, graphics, images, javascript code, HTML code, templates and other Neosites software design, is owned by Neosites (or its partners or suppliers) and protected by international copyright laws. The compilation (including the collection, arrangement and assembly) of all content on this site is the exclusive property of Neosites and is protected by international copyright laws. The content and software provided by the Service may be used to create home pages or web-surfing resources. Any other use, including reproduction, modification, distribution, transmission, republication or display of the content of the Service is strictly prohibited.
Neosites is a registered trademark. This trademark cannot be used in connection with any product or service that does not belong to Neosites or any of its partners, in any manner that could confuse or deceive, or in any manner that disparages or discredits Neosites.
The User must register to Neosites in order to engage with the Service. If a User wishes to contract any of its paid services or products, they will agree to provide true and accurate information and also to keep this information current. Access to the User's account is the sole responsibility of the User and any and all consequences resulting from access to a User's account are the sole responsibility of the User which registered the account.
All User information is subject to the Privacy Policy that Neosites duly publishes on this website.
The User is solely responsible for the content published via the use of the Service, including all User generated text, photos, links and software. Neosites is not responsible for the type of content published by the Users on its website and it is therefore the sole responsibility of User to comply with local, national and international laws including the provision of all necessary warnings and disclosures.
Neosites does not monitor or censor content published by the User, and therefore it is not and cannot be liable in any way for the information published, its accuracy, integrity or quality. Notwithstanding the foregoing, Neosites reserves the right to close any account that does not comply with the Terms and Conditions described herein.
The User agrees and acknowledges that Neosites does not assume responsibility for the accuracy of the data published by Users through the Service, or by the use made of such data. Neosites' function is limited to providing the Service to publish the User's data.
The User agrees and acknowledges that Neosites is not and cannot be held liable, in contract or tort, for any loss or damage, direct or indirect, arising from the use of the Service.
The User explicitly agrees to not use the Service to: (a) transmit, deliver or publish material that contains viruses, worms, spyware, Trojans, files, code or programs designed to interrupt, limit or destroy the functionality of software, hardware or any telecommunications equipment. (b) transmit, deliver or publish any content that is unlawful, defamatory, vulgar, obscene, pornographic, racist, discriminatory, offensive, libelous or that which infringes upon the privacy of individuals; (c) transmit, deliver or publish photos, whether they are owned by the User or by a third party, whose image is obscene, vulgar, pornographic, immoral or contrary to public norms. (d) transmit or post chain letters, junk mail or spam (e) transmit, deliver or publish material with the falsification of identity, (f) transmit, deliver or publish material in violation of the laws of patents, trademarks, customs or intellectual property; (g) transmit, deliver, publish or create a database about others, (h) access personal passwords or third-party mail. (i) violate any applicable laws, whether they be local, federal, national or international.
Failure by the User of any of the above conditions will result immediate severance from the service.
The User agrees to indemnify and hold harmless, free of damage, Neosites, its subsidiaries, affiliates, shareholders, officers, agents, representatives, related parties, and employees from any claim or demand, including reasonable attorneys' fees , made by any third party due to the Content, or arising from content that the User, posts or transmits through the Service, Users' use of the Service, Users' connection to the Service, Users' violation of the Terms, or Users' violation of any rights of any other instrument.
Recognizing the global nature of the Internet, the User understands and will comply with all local, state, federal or international law regarding online conduct and acceptable content.
a. THE USE OF THE SERVICE IS AT THE USER'S SOLE RISK;
b. NEOSITES DOES NOT CLAIM THAT THE SERVICE IS RIGHT FOR YOUR NEEDS;
c. THE SERVICE MAY BE SUSPENDED OR INTERRUPTED;
d. THE SERVICE MAY CONTAIN ERRORS;
e. NEOSITES IS NOT AND CANNOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST OR DAMAGED DATA;
f. THE USER IS SOLELY RESPONSIBLE FOR THE CONTENT AND INFORMATION TRANSMITTED THROUGH THE SERVICE;
g. NEOSITES RESERVES THE RIGHT TO TERMINATE THE SERVICE.
The User agrees to indemnify and hold harmless, free of damage, Neosites, its subsidiaries, affiliates, shareholders, officers, agents, representatives, related parties, and employees from any claim or demand, including reasonable attorneys' fees , made by any third party due to the Content, or arising from content that the User, posts or transmits through the Service, Users' use of the Service, Users' connection to the Service, Users' violation of the Terms, or Users' violation of any rights of any other instrument.
Transactions between Neosites and the User are governed exclusively by these Terms, subject to the laws in force in the state of Florida, taking into particular account the provisions of its Civil and trade Code.
If the customer does not agree with these Terms, you must refrain from purchasing anything offered for sale by the Service. The act of the User completing a transaction with Neosites implies that the User accepts and recognizes the Terms expressed in this instrument.
Neosites expressly reserves the right to change the prices of its products and services without informing their customers. Notwithstanding the foregoing, in cases where there is already a purchase made, Neosites respects the same conditions existing at the time of the transaction.
Promotions issued for a product will be effective as provided and shall be marked and identified as such.
Purchase orders will be made by the User directly on the Neosites website by submitting a purchase request via a form specifying the service to be purchased and the payment plan, along with additional information.
Upon this purchase order the User declares the process as valid and they are completing the purchase of their own free will to accept a contract with Neosites. Furthermore, all orders are subject to acceptance by the latter.
"Lifetime" Plan
The Premium plan issued by Neosites entitled "Lifetime" will be valid throughout the period that the Service is operational under the domain name "www.neosites.com".
Services purchased through Neosites will be activated after verification of payment thereof. This payment can be made via internationally accepted credit cards.
The User can freely choose which service to use and charges to the User%u2019s credit card will full purchase price and any applicable taxes.
Payment processing services used by Neosites to process all payments made are third party services, systems that are responsible to verify, approve or reject the charges depending on the status of the cards of the respective Users.
These third party payment processing services incorporate key elements of security such as encryption of data traveling over the network with security protocol SSL (Secure Socket Layer), additional data validation (verification code), purchase and other authentication management information associated with credit cards.
In case any credit card is not enabled or is rejected by the online payment processing service, the customer will be informed of the rejection of the transaction, with no additional charges of any kind.
Through third parties, Neosites only receives a notification of the approval or rejection of the transaction. Neosites does not receive specific information pertaining to the credit cards rejected by third party payment processing services.
Neosites reserves the right to cancel accounts, products and services without any reservations or limitations, if the User breaches this agreement in any way.
In this event, all fees paid in advance will not be returned or refunded and Neosites will not be responsible for the loss of content of the User's account. In addition it reserves the right to collect any unpaid fees when canceling an account.
Neosites will not reimburse the User the amount paid for those plans with periods longer than 3 months even if the service was used for a period exceeding 30 days.
Neosites reserves the right to modify at any time, without notice and at its sole discretion, any information or content within the Service, including aspects related to stock and conditions, prices, all or any of the products and services offered, and limits and prohibitions on any of these. However, it will respect any contract that is signed and paid, offering full service or product you purchased, but expressly reserves the right to modify the service time of renewal of such contracts.
Neosites is constantly innovating and upgrading its services to provide the best possible experience for its Users. In accepting and agreeing to the Terms, you acknowledge and agree that the content and nature of the Service may vary at times without prior notice.
Neosites reserves the right to cancel accounts, products and services without any reservations or limitations, if the User breaches this agreement in any way.
In this event, all fees paid in advance will not be returned or refunded and Neosites will not be responsible for the loss of content of the User's account. In addition it reserves the right to collect any unpaid fees when canceling an account.
Under no circumstances will Neosites be held liable for any delay or failure in the Service directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of Neosites, including, without limitation, internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, terrorism, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties.
Any of the events mentioned above can potentially cause some damage to the Neosites software, which is not the responsibility of Neosites. In this event, it shall reinstall the existing system's last backup.
Users who choose to purchase a domain through Neosites understand that this service is provided by third parties and therefore domains will be registered according to the legal conditions of third parties.
These Terms and the relationship between you and Neosites shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Neosites agree to submit to the personal and exclusive jurisdiction of the courts located within Florida. If you use the Service and all or any of the contents found therein, you have read, understood and agreed to the Terms detailed above. If you do not agree to the Terms, you may opt not to use the Service.
This Agreement constitutes the entire agreement between you and Neosites, which governs your use of the Service, superseding any prior agreements between you and Neosites.
Waiver and Severability of Terms. The failure of Neosites to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.You also may be subject to additional terms and conditions that may apply when you use affiliate or other services, third-party content or third-party software. If any provision of these Terms or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. You acknowledge and agree that you are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, more than one person's claims may not be consolidated under any circumstances, in any form of any class or representative proceeding or otherwise.
IF ANYONE DOES NOT ACCEPT THESE TERMS AND CONDITIONS, WHICH ARE MANDATORY AND BINDING, YOU MUST NOT USE THIS SITE AND THE SERVICES OFFERED BY NEOSITES.