GROUND FLOORED, LLC FULL TERMS OF
AGREEMENT
AND ACCEPTABLE USEImportant information is provided here about Terms of Agreement and Acceptable Use (the "Agreement") of Ground Floored services. Please read the full contents of these Terms. Feel free to save or print any part of this Agreement for reference during your use of Ground Floored. Within this Agreement, "Ground Floored" or "GF" means and refers to Ground Floored, LLC. of Seattle, Washington.
IF YOU CHOOSE TO ACCEPT THIS AGREEMENT, YOU MUST AGREE TO IT IN ITS ENTIRETY -- NO CHANGES, OMISSIONS OR OTHERWISE, WILL BE ALLOWED BY GROUND FLOORED. YOUR USE OF GROUND FLOORED SERVICES INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT IN FULL.
Ground Floored reserves the right to change, add or remove any part of this Agreement, or any part of the Ground Floored services and features at any time. If the Agreement does change, such changes will be posted on the Ground Floored website. You will be notified through your contact e-mail address of any changes thirty (30) days prior to the actual change.
IF ANY CHANGES IN THE FUTURE ARE UNACCEPTABLE TO YOU, PLEASE DISCONTINUE USING GROUND FLOORED'S SERVICES. CONTINUED USE BEYOND CONTRACTUAL AGREEMENTS AFTER NOTICE OF SUCH CHANGES INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT AND ANY SUCH CHANGES.
Use of Ground Floored
Initiating Ground Floored's services may require a set-up fee as specified at the time of contractual agreement. The contract agreement shall be for a term of one (1) year from the day of purchase. Upon completion of your contract, you may discontinue use of Ground Floored services at any time. An early cancellation fee of $295 applies if one (1) year term is not completed unless specifically noted by Ground Floored in e-mail form during special offers or promotions. Cancellation fees are due before premature cancellation is made complete. Any attempt to cancel before a cancellation fee is collected may result in your account being given to a collection agency and/or taking legal action for rightful financial recovery.
You agree to provide accurate information when purchasing Ground Floored services. This applies to all information submitted, including all names, addresses, phone numbers, e-mail, credit card information, etc. You are also required to keep your contact information current so we may easily contact you should the need arise. This information is kept private by Ground Floored and is only used with third-parties when needed for proper set-up, payment, maintenance of your website through Ground Floored services or when required while working with legal authorities.
You will own your own website address (domain name), which is secured before or during the sign-up process. However, Ground Floored reserves exclusive use of your domain name for your website through our service during the extent of your contract whether purchased through Ground Floored or not. Upon completion of your contract or when early cancellation fee is paid in full, you will be granted free use of your domain name.
All templates and designs are copyrighted and property of Ground Floored. Use of Ground Floored's templates and designs are exclusive to our service. You may not use the templates or designs for your own website hosted by any other party at any time. You may not reproduce the templates or designs in any way. However, you may keep and re-use any information or content you have submitted.
You will be allowed a specified amount of website space, which shall not be exceeded. Additionally, you will receive access to server bandwidth (amount of information transfer). The amount of server bandwidth you may access is shared among you and other users on the same server, and shall be limited by any and all users sharing the same server bandwidth. Any other features and/or limitations shall be specified during the sign-up procedure.
Payment
Ground Floored reserves the right to change the price you pay at any time. However, Ground Floored will never raise your price, during or after your contractual agreement, above the original price you agreed upon. You are required to pay a set-up fee at the time of purchase unless waived by Ground Floored. You will be billed monthly in accordance with the price you agreed upon when purchasing your website. Credit card payments will automatically reoccur every month through the mode of payment you have selected. Third-party payment services, such as Paypal, may adjust the actual and continual payment day if shifted by shorter calendar months (e.g. payment in February cannot be made on a 31st day, and so would be shifted to March 1st and every 1st day of the month thereafter). Sales tax is required for users from the State of Washington. Payment through PayPal or other third-parties is subject to their respective Use Agreement and Privacy Policy. Please visit www.paypal.com to read their Use Agreement and Privacy Policy. Any refunds may be be returned through your credit card or bank account on file with our third-party payment partners. Early cancellation will also be serviced through these third-party services.
Termination of Service
Ground Floored reserves the right to terminate your service at any time. "Termination" refers to Ground Floored intentionally removing your access to our services and/or broadcast of your website from our servers. Termination may be initiated for any reason, including but not limited to non-payment, illegal activity, or any conduct contrary to the Acceptable Use Guidelines below. Ground Floored is not responsible for any refunds if service must be terminated for any reason.
Availability of Service
While Ground Floored uses some of the most reliable technology available to ensure your site is always available, there may be certain circumstances when the service may be unavailable. Should Ground Floored services become available for any reason, we will not be held liable for any real or potential business lost.
Acceptable Use Guidelines
There are various behaviors that will not be tolerated within the services of Ground Floored. Ground Floored reserves the right to suspend or terminate any of your accounts for any use we deem unacceptable. The following is a list of unacceptable behaviors, but is in no way comprehensive. Ground Floored reserves the right to deem whatever we want as being acceptable or unacceptable.
A. Illegal, wrongful and prohibited conduct
You may not use Ground Floored services for any illegal, wrongful or prohibited conduct. Your website may be subject to laws in the United States of America, the State of Washington, the State of Florida, and the state in which you or your business resides. You may not use Ground Floored services to transmit SPAM (inappropriate information sent on the internet to a large number of recipients) in any way, including but not limited to e-mail. You may not improperly import or export anything to or from the United States through Ground Floored services, in accordance with applicable U.S. law.
B. Objectionable conduct and content
You may not use Ground Floored services for any objectionable conduct or content. Objectionable conduct and content may include, but is not limited to, pornography, profanity, planning illegal activity, improper advertising, drug-related behavior, violence, abuse, racism, terrorism, etc.
C. Copyright and intellectual property infringement
You may not use Ground Floored services to transmit copyrighted material or intellectual property without proper permission and/or reference to the author(s). You may not illegally share copyrighted material in any way.
D. Jeopardizing system and network security
You may not use Ground Floored services to jeopardize, violate or breach the security of our system, our network or the internet at large. This includes improperly hacking, dismantling, or theft of Ground Floored code and interface.
Investigations
Ground Floored reserves the right to conduct investigations of your website at any time. This includes portions of your account not viewable to the public. Ground Floored reserves the right to aid local and/or federal authorities when investigating unacceptable or illegal use of Ground Floored services. Ground Floored reserves the right to honor court orders, search warrants or subpoenas when complying with civil authorities.
Removal of Content
Ground Floored reserves the right to remove any content we deem necessary to be removed at any time. This includes anything and everything.
Warranties and Liability Limitations
You agree Ground Floored services are provided to you "as is" and "as available" for your use at any time. This use comes with no warranties or guarantees of any kind. Ground Floored is not responsible for any harmful material transmitted through our services, including but limited to, viruses, worms, trojan horses, etc. In no way shall Ground Floored, it's Members, employees or contractors be liable for any damages related to your use of Ground Floored services. Ground Floored's liability shall be limited to the extent permitted by law within states or jurisdictions that do not allow full exclusion or limitation of liability for consequential or incidental damages. Ground Floored may not be held liable for loss of data. Please backup your website's content. We do not accept liability for third-party products or services offered through Ground Floored.
Notices
Ground Floored will give notice to you through the e-mail address you have on file with Ground Floored or by sending a letter through the postal service to the address you gave us during registration. You may contact us by writing to legal@groundfloored.com.
Legal Principles
You agree that any legal dispute of any kind shall be resolved in the courts of the State of Washington. Your use of Ground Floored services may be subject to other local, state, national or international laws. This full agreement is between you and Ground Floored, and may not be extended to any other person or any other service.
Revised :: August 1, 2006