Terms of Service

1. Definitions

   1. "Content" is text, images, and documents.
   2. "Code" includes all languages used to make a website, including HTML, CSS, JavaScript, and PHP.
   3. "Design" is visual style, visual presentation, spatial layout and typography. "Design Elements" are visual components such as backgrounds, banners, borders and buttons.
   4. "Servers" are computer systems that can be accessed on the Internet. "Hosting" is a service provided via Servers in which data are stored and made accessible on the Internet.
   5. A "Domain Name" is the address by which a website is normally accessed.
   6. The "Website" is the combination of Code, Design and Design Elements hosted on Servers and made accessible via a properly configured Domain Name. The purpose of the Website is to make Content available on the Internet.
   7. The "Service" is the Website and any and all ancillary services we provide such as a Domain Name, Content and email account set-up.

2. Account Terms & Conditions

   1. You must be at least 18 years old to use the Service.
   2. The Service is provided as a means of marketing your professional services, and is not intended for any use other than marketing those services.
   3. You may not use the Service for any illegal or unauthorized purpose.
   4. You must provide us with accurate information, including your legal name, a valid email address and a correct billing address.
   5. You are responsible for maintaining the security of your account password. iSeem LLC cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
   6. Your account is considered "Active" until either i) you cancel the Service, or ii) we cancel the Service.
   7. The Service uses 3rd Party Service Providers ("Service Providers"), including internet service providers, domain name registrars, data centers, and email service providers, over which we do not have control. We cannot and will not be responsible for any action, inaction or failure of service of any Service Provider.
   8. We reserve the right to limit your use of resources, including but not limited to: Server bandwidth; Server CPU usage; Storage bandwidth. We may limit your use of resources if your use interferes with the performance of the Server(s), or if your use exceeds normal usage as determined by us.
   9. Technical support ("Support") requests are prioritized at our discretion. Support time is limited based on the availability of Support personnel. We reserve the right to limit your use of Support services.
   10. Customization of the "Website" is not considered technical Support. Specifically, changes to Design, Design Elements, Code, and Content are not considered technical Support and are not included as part of the Service.
   11. Servers require maintenance. The Service may be unavailable during server maintenance periods.
   12. In providing the Service we are not in any way endorsing you or your business. You may not claim any endorsement by, partnership with, or other affiliation with QiSites or iSeem LLC.
   13. We reserve the right to refuse service to anyone at any time.

3. Ownership & Copyright

   1. You maintain complete ownership of any original Content that you submit to the Service.
   2. All Content submitted to the Service must comply with U.S. copyright law.
   3. By submitting Content to the Service you understand that your Content will be made publicly available on the Internet.
   4. You are responsible for all Content on the Website. Under no circumstances will we be held liable by you or by anyone for Content on the Website.
   5. We may remove any Content from the Service at any time and for any reason, with or without notice.
   6. We maintain complete ownership and copyright of the Website, including all Design, Design Elements, and Code that we provide, create, or make available.
   7. You may not attempt to remove, hide or otherwise obscure the "Website by QiSites" credit ("Site Credit").
   8. Content we provide may not be used for any unauthorized purpose. We maintain complete ownership and copyright of any and all Content we provide, create, or make available, except if the content is governed by a contractual agreement with a 3rd party, or if the content was obtained under a license or legal status that does not permit claiming rights, such as public domain works ("PD"), Creative Commons licenses ("CC") or GNU licenses ("GNU").
   9. If we register a Domain Name on your behalf, or if you transfer a Domain Name to us, iSeem LLC's name and contact information will be shown as the official Registrant of the Domain Name. You may request to take over all ownership rights and obligations (including registration fees) for your Domain Name by contacting support to request a "Change of Registrant".

4. Billing & Account Cancellation

   1. The Service operates on a recurring subscription basis.
   2. You must submit a valid credit card to use the Service.
   3. An Initial Setup Fee ("Setup Fee") will be billed when you subscribe to the Service.
   4. A recurring Service Fee ("Service Fee") will be billed at the start of each payment period. The Service Fee will continue to be billed automatically until you cancel the Service.
   5. We reserve the right to change the Service Fee with 30-days notice sent via email.
   6. You are responsible for keeping your payment information up to date.
   7. If your credit card is declined we will grant you a 21 day grace period ("Grace Period") within which to update your payment information. If a valid credit card is not submitted within the Grace Period, your account will be considered canceled and the Service will be terminated.
   8. You may cancel your account at any time. Once you have completed the account cancellation process you will not be billed again. No termination fees are imposed.
   9. Canceling your account means that we will no longer provide you with the Service. When you cancel your account, all of your Content will be permanently deleted.
   10. If you plan to cancel your account but wish to retain your Domain Name you must request a "Change of Registrant" for your domain. The Change of Registrant request should be made prior to canceling the Service.
   11. We do not issue refunds and we do not prorate for partial payment periods. Notwithstanding this refund policy, we offer a 30-Day Money Back Guarantee.

5. Modification & Termination of Service

   1. We reserve the right to modify the Service, or any part thereof, either temporarily or permanently, with or without notice.
   2. We reserve the right to modify the Terms of Service at any time and for any reason, with or without notice.
   3. We reserve the right to terminate the Service without liability at any time and for any reason, with or without notice.
   4. We reserve the right to terminate your Account immediately, without liability, if you abuse the Service, the Server(s), or our employees. Reasons for immediate termination include, but are not limited to: using the Service to engage in criminal activity; hosting content that is illegal, pornographic, profane, or hate-speech or that encourages violence or criminal activity; attempting to hack or in any way interfere with the operation of the Server(s); attempting to hack or in any way interfere with another user's account; using abusive, vulgar or profane language in communications with our staff; sending spam email; using Design, Design Elements, or Content provided by us for any unauthorized purpose; if there is an attack on the Website that compromises the Server(s); or if required by law.
   5. Termination of the Service is at our sole discretion.

6. Communication & Privacy

   1. Email is our primary form of communication. You may contact us at any time at .(JavaScript must be enabled to view this email address).
   2. Technical support is only provided via email.
   3. Use of your personal information is governed by our Privacy Policy.
   4. You are responsible for keeping your email contact information up to date.
   5. You are responsible for responding to email communications in a timely manner.
   6. You agree to hold us harmless for any loss or damages that result from undelivered or delayed email, including email incorrectly identified as Spam either by your email service provider or ours.
   7. The StealthMode option is offered as a temporary obfuscation measure. StealthMode does not provide data security, and may not be used to create a "secret", "private" or "secure" website.

7. Warranty Disclaimer & Limitation of Liability

   1. Warranty Disclaimer

      The Service is furnished by iSeem LLC and accepted by you "as is," "with all faults," and without any warranty whatsoever. All other warranties, express or implied, including any warranties of title, merchantability, or fitness for any particular purpose, are specifically excluded and disclaimed by iSeem LLC. iSeem LLC does not warrant that the Service will meet your requirements or that it will be uninterrupted or error free.

   2. Limitation of Liability

      In no event will iSeem LLC be liable to you or anyone for any lost profits, lost savings, lost data, or special, consequential, punitive or incidental damages, whether arising out of or relating to the Service or any service furnished or to be furnished by iSeem LLC, even if iSeem LLC has been advised of the possibility of such loss or damage. Notwithstanding anything in these Terms of Service to the contrary, the maximum aggregate monetary liability of iSeem LLC and any of its employees, agents, suppliers, or affiliates, under any theory of law (including breach of contract, tort, strict liability, and infringement) shall not exceed the Setup Fee.

8. Recent Changes