Terms of Service
The following terms and conditions govern all uses of Sandvox Hosting and all content, services and products available at or through Sandvox Hosting.
Please read this document and the related documents before registering for Sandvox Hosting. By accessing or using Sandvox Hosting you agree to be bound by the terms and conditions of this Agreement. If you do not agree, do not access or use Sandvox Hosting. Sandvox Hosting is available only to individuals who are at least 13 years old.
Account and Website. Sandvox Hosting is available as a host for websites created using Sandvox, a website creation application (“Sandvox”), under license from Karelia. Sandvox must be licensed separately (via Karelia directly or via the App Store ); a license to use Sandvox is not included in a subscription to Sandvox Hosting.
If you publish your Sandvox website through Sandvox Hosting, you are responsible for maintaining the security of your account and your website. You agree that you are fully responsible for all activities that occur under the account and any other actions taken in connection with your website. You must not describe or assign keywords to your website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. You must immediately notify Karelia of any unauthorized uses of your website, your account, or any other breaches of security. Karelia will not be liable for any acts or omissions by you or by anyone you may authorize, directly or indirectly, to access, establish, or maintain your site, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors. You are entirely responsible for the content of, and any harm resulting from, material you make available via your website, including links and comments, whether posted by you or a third party (collectively, the “Content”). Content may include, but is not limited to, text, graphics, audio files, video files, and 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, and does not violate the privacy or publicity rights of any third party;
- your website is not being advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your website is not presented in a manner that misleads your readers into thinking that you are another person or company; 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 Karelia or otherwise.
Without limiting any of these representations or warranties, Karelia has the right (though not the obligation) to, in Karelia’s sole discretion (i) refuse or remove any content that, in Karelia’s reasonable opinion, violates any Karelia policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of a website to any individual or entity for any reason, in Karelia’s sole discretion. Karelia will have no obligation to provide a refund of any amounts previously paid.
Payment and Renewal. Optional paid services such as extra storage or domain purchases are available through Sandvox Hosting (“Optional Services”). By requesting or requiring such Optional Services, you agree to pay Karelia the fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for Optional Services and will cover the use of that service for a period as indicated. Fees for Optional Services are not refundable.
Automatic Renewal. Unless you notify Karelia before the end of the applicable subscription period that you want to cancel your subscription to Sandvox Hosting (or to any other related service), your subscription will automatically renew and you authorize Karelia to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
Responsibility of Website Visitors. Karelia cannot and will not review all material posted to websites made available through Sandvox Hosting and will not be responsible for that material’s content, use, or effects. By operating Sandvox Hosting, Karelia does not represent or imply that it endorses the material made available via Sandvox Hosting, 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. Websites made available through Sandvox Hosting may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Websites 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. Karelia disclaims any responsibility for any harm resulting from the use by visitors to websites made available through Sandvox Hosting, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites. Karelia has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which websites hosted by Sandvox Hosting link. Karelia is not responsible for such material or its use.
Copyright Infringement and DMCA Policy. Karelia respects the intellectual property rights of others. If you believe that material located on a website hosted by Sandvox Hosting violates your copyright, you are encouraged to notify Karelia in accordance with Karelia’s Digital Millennium Copyright Act (“DMCA”) Policy. Karelia will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Karelia will terminate access to and use of Sandvox Hosting if Karelia determines the user is a repeat infringer of the copyrights or other intellectual property rights of Karelia or others. In the case of such termination, Karelia will have no obligation to provide a refund of any amounts previously paid to Karelia.
Intellectual Property. This Agreement does not transfer from Karelia to you any Karelia or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Karelia. Karelia Software, Sandvox, Sandvox Hosting, and all other trademarks, service marks, graphics, and logos used in connection with Sandvox Hosting are trademarks or registered trademarks of Karelia or Karelia’s licensors. Other trademarks, service marks, graphics, and logos used in connection with Sandvox Hosting may be the trademarks of other third parties. Your use of Sandvox Hosting grants you no right or license to reproduce or otherwise use any Karelia or third-party trademarks.
Domain Names. If you are registering a domain name, or 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.
Changes. Karelia may update its services from time to time, and such updates may necessitate a change to the legal terms and conditions under which the services are offered. If Karelia makes changes that are material, Karelia will let you know by posting on Karelia’s blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using Sandvox Hosting within the designated notice period. Your continued use of Sandvox Hosting will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Termination. Karelia may terminate your access to all or any part of Sandvox Hosting at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Sandvox Hosting account, you should contact Karelia Support. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. Sandvox Hosting is provided “as is”. Karelia and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Karelia nor its suppliers and licensors, makes any warranty that Sandvox Hosting will be error free or that access thereto will be continuous or uninterrupted. You understand and agree that you use Sandvox Hosting at your own discretion and risk.
Limitation of Liability. In no event will Karelia, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Karelia under this Agreement during the twelve (12) month period prior to the cause of action. Karelia shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless Karelia, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of Sandvox Hosting, including but not limited to your violation of this Agreement.
Translation. These Terms of Service were originally written in English in the United States. Karelia may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
Miscellaneous. This Agreement constitutes the entire agreement between Karelia and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Karelia, or by the posting by Karelia of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of Sandvox Hosting will be governed by the laws of the State of California, 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 Alameda County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Alameda, California, in the English language and the arbitrators’ decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. 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 this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Karelia 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.
Last updated: October 8, 2015