Please read our terms and conditions, which you ("the user") agree to when purchasing any product or service featured in the Web Design Store or on this website. These terms and conditions include important provisions about payment and your rights to refunds, as well as limiting and excluding our obligation to pay if you lose money.
1. As a user of any of our services you accept that by using this site you agree that Cornwall Domain Agency ("the Company/Us/We"), or any subsidiary of Cornwall Domain Agency, assumes no responsibility for the nature or content of anything contained on any website We have been commissioned to construct, and therefore disclaims all liability in respect of such nature or content.
2. We offer our services in good faith but We reserve the right to remove any site deemed offensive. You agree that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not Cornwall Domain Agency, are entirely responsible for all content that is uploaded, posted, emailed or otherwise transmitted. We, or any of our partners, in no way endorses or takes responsibility for any goods, services etc that are posted within sites.
3. All copyright, design rights and other intellectual property rights owned by you in any text, software, music, sound, photographs, graphics, video, page layout and design or other material which is uploaded or posted (collectively referred to in these TACS as 'Content') shall remain your property and you shall not upload or post any content that infringes the intellectual property rights of any party unless you have the permission of the owner.
(a) any material, pictures, templates that We use to design your website are subject to copyright to their respective owners and you shall not reproduce, copy, alter, or use this material without permission.
4. The Company also has the right at any time to change its terms regarding commercial arrangements at any time without prior notice to users of any service offered.
5. You undertake not to:
(a) upload, post, publish, distribute, disseminate or otherwise transmit any content (hereinafter "post") that is unlawful, tortuous, defamatory, harmful or invasive of another's privacy, or otherwise objectionable, including but not limited to material that promotes or provides instructional information about illegal activities or promotes physical harm or injury against any group or individual;
(b) upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure agreements);
(c) upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary and intellectual property rights of any party, or rights of publicity or privacy of any party, unless you are the owner of such rights or have the permission of the owner to post or transmit such material, including but not limited to offering pirated computer programs or links to such programs;
(d) harm minors in any way;
(e) create a Member Site containing nudity, or pornographic material, or sexual material of a lewd, lecherous or obscene nature and intent, or material of a vulgar, profane or obscene nature without suitable warning to browsers of the nature of the site prior to viewing the content, ANY USER CONTENT THAT SEEMS TO HARM MINORS IN ANY WAY WILL BE IMMEDIATELY REPORTED TO THE AUTHORITORIES;
(f) impersonate any person or entity, including, but not limited to, a SiteMaker official, Site Leader, Member, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(g) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through SiteMaker;
(h) upload, post or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(i) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(j) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, UK legislation such as the Data Protection Act, Consumer Protection Act, or Financial Services Act, or any amendments or replacements of such acts;
(k) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(l) collect, store, or distribute personal data about other users without their consent;
(m) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "crush" sites;
(p) violate any law or regulation (including without limitation those governing export control, unfair competition, discrimination or false advertising).
6. You expressly understand and agree that:
(a) Your use of any service/product is at your sole risk. They are provided on an "as is" and "as available" basis and we and its suppliers, to the fullest extent permitted by law, make no warranties, express or implied, in relation to this site or its contents, including, but not limited to, security, warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. Cornwall Domain Agency and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics, and links.
(b) The Company is not responsible for the content of any site, accessible through use of that site or messages distributed through mailing lists, and assumes no responsibility for and makes no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of information.
(c) The Company makes no warranty that (i) our products/services will meet your requirements, (ii) that the service will be uninterrupted, timely, secure, or error-free, (iii) the quality of any products, services, information, or other material purchased or obtained by you through us will meet your expectations, and (iv) any errors in the software will be corrected.
7. Further, if your use of the web site or the material results in the need for servicing or replacing equipment or data, the Company is not responsible for those costs.
8. No advice or information, whether oral or written, obtained by you through or from us shall create any warranty not expressly stated in the TACS.
9. You agree to defend, indemnify, and hold harmless the Company its officers, directors, employees, partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the content (including software, service, or your breach of the terms of these TACS, including, but not limited to:
(a) any injury to any person or property caused by products or services supplied through the medium of Sitemaker;
(b) any material which infringes the proprietary or intellectual property rights of any third party;
(c) copyright infringement; or
(d) any defects in products sold via any website.
10. The Company also reserves the right at any time and from time to time to modify or discontinue our services temporarily or permanently, with or without notice to you. You agree that the Company shall not be liable to you or any third party for any modification, suspension or discontinuance of any service.
11. You agree that the Company, in its sole discretion, may terminate your website, account (or any part thereof) or use of any service, and remove and archive or discard any content within our systems, including any Member Site for any reason, including, without limitation, for lack of use or if the Company believes that you have violated or acted inconsistently with the letter or spirit of the TACS.
12. The Company may also in its sole discretion and at any time discontinue providing any service, or any part thereof, with or without notice. You agree that any termination of your service under any provision of these TACS may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate, archive or delete your account and all related information and files in your account and/or bar any further access to such files or service. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to SiteMaker.
13. You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, whether in an action of contract or tort, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use your website; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from any service provided; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to our products.
14. The Company reserve the right to apply a fair usage/workload clause with any website package. As previously stated, we offer our services in good faith and we can withdraw any service or product at any time without prior notice to users of the service.
15. The Company also reserves the right to change the TACS at any time without notice.
16. If any provision of these TACS is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these TACS, which shall remain in full force and effect. No waiver of any term of these TACS shall be deemed a further or continuing waiver of such term or any other term.
Should you find any content or otherwise that you feel breaches the TACs outlined, please email us at firstname.lastname@example.org providing the site URL and details of the complaint. Your complaint will be investigated immediately and you will be informed by email of the outcome.