|
|
|
|
|
|
|
Section 101, LLC
Do-It-Yourself Client Agreement and Terms of Service (“Agreement”)
You, (the “Client”), by providing information and submitting the form on the Section 101 Sign Up Page, agree to the following terms and conditions as they relate to the Client’s use of Section 101, LLC’s (“S101”) proprietary web-based service and hosting (“Services”) of the website (“Website”) for the Client:
1. S101 Services Provided:
S101 agrees to provide the following Services to the Client:
1. S101 will permit the Client to utilize its Services to create and maintain the Client’s personalized Website.
2. S101 will host the completed website based on permitted pages, layouts and on its servers.
3. Use of S101’s proprietary Content Management System (“CMS”) for uploading, posting and managing all content associated with the Website, including:
a. Audio, text based content, blog posts, photos/images, video, events, merchandise related content. b. Other file types that are permitted in the CMS. c. All content must be in the file formats supported by the Service, as detailed in Appendix A.
d. Publication of site updates to Facebook, Twitter, Tumblr and other select social networking services
e. Buy-links for Amazon, iTunes and CD Baby for audio files, albums and playlists.
4. Design tools that allow for site and page elements and content to be changed directly by the Client, including:
a. Real estate on the site for your own content and other items;
b. Icons that link the website to specified social network sites (Facebook, Twitter, Flickr, YouTube, Tumblr and other services)
5. Basic E-Mail messaging capabilities.
6. Basic website statistics.
7. Access to support services (including S101 online customer service platform and user guide, email, chat and other services) provided to S101’s paid service (“Paid Service”).
8. 30 calendar days of a free trial period, after which the Client shall agree to pay the Paid Service subscription fee (“Hosting Fee”) unless otherwise contracted with S101.
9. Any services outside the scope of the Agreement will require additional fees and sign off by both parties in writing. This includes connecting to third party web-based services and custom requests.
2. S101 Hosting Services:
S101 agrees to provide the following technology and Website hosting related Services:
1. During the Website build process, the Website will be hosted by S101 on a temporary Website hosted at a URL designated as [ClientName].section101.com
2. Once the Client has finalized his/her website, the formal site will be launched. S101 will provide the services required to select, subscribe and migrate the Client’s Website to the final URL selected (“URL”). Initial domain registration and re-registration must be provided and paid by the Client.
3. Only one domain can be associated with one website with our Do-It-Yourself service.
4. Only one email address can be associated with one website with Do-It-Yourself service.
5. Clients with existing domains will be able to utilize S101’s services to migrate their new site to their existing domain. This process can take up to 10 business days, and will require additional information to be provided by the Client.
6. S101 will provide the following manage website operations services once the website is launched:
S101 reserves the unilateral right to reduce, eliminate or charge additionally for any of the hosting services mentioned above.
3. S101 Fees:
The Client agrees to the following fee schedule and provisions:
1. All services within this Agreement will be provided by S101 free of any charges for up to 30 days as of the initial sign up date (“Effective Date”) for the Client (“Free Period”), so long as the Client adheres to all provisions of the Agreement. S101 reserves the right to terminate this Agreement, or charge the Client the then-prevailing rate of S101’s Paid Service, at S101’s sole discretion, at any time during the trial period if S101 believes that any of the provisions in this Agreement have been violated by the Client. In certain cases, the Free Period may be extended by sole discretion of the Company.
2. Starting at the end of the Free Period (generally 30 days after the Effective Date of this Agreement), the Client agrees to pay the “Hosting Fee”. Payments are due on a monthly basis. Clients will have the right not to continue with the Paid Service, subject to a 30 day written notice to S101, wherein all relevant Term and Termination provisions under clause 4 shall apply.
3. The $30 per month Website Operation Fee includes any applicable sales taxes, unless otherwise specified by S101 and agreed in writing. Special promotional codes may be provided by S101 to any Client at its sole discretion. S101 may, at its sole discretion, offer an opportunity for discounted binding prepayment to the Client. If the client elects such a plan, 30 days notice is required to change their plan.
4. Valid forms of payment for the Hosting Fee include major credit cards (Visa, Mastercard, American Express) and Paypal. Valid and current payment information must be provided by the Client to continue the Services beyond the Free Period.
5. S101 reserves the right to alter pricing for the Services at any time, subject to a minimum 30 days notice.
6. Any one-time promotional discount applied at the start of the Paid Service will not be applied to any following renewal charges for any account. Promotional codes are not transferable to other Clients, and can only be applied to the Website.
7. The Client may subscribe to upgrades/downgrades and additional services at anytime during the Paid Service period. S101 will credit the Client the pro-rated amount of days of the new service as appropriate. S101 will not provide refunds or cash credits for downgrades.
8. Additional Charges: S101 will charge the following rates for additional services or data usage:
9. Late payment fees and our refund policy are specified in the Additional Payments section of our General Client Terms of Service.
4. Term and Termination:
Subject to each party’s right to terminate this Agreement pursuant to the immediately succeeding sentence, the term of this Agreement (the “Term”) shall be one year from the date of execution and delivery hereof by both parties (“Effective Date”) and shall automatically renew for successive monthly periods, unless earlier terminated. Either party may terminate this Agreement for any reason upon giving written notice to the other, or cancellation notice via the Client’s website interface or via S101's support addresses. Once the cancellation notice is received, this contract will terminate 30 days after such date (“Termination Date”). All Fees will be payable by the Client until the Termination Date. All terms and conditions of this Agreement will apply until after the “Termination Date.” S101 reserves the unilateral right to suspend the URL and Service prior to the Termination Date, once a notice to terminate is received, if any terms of this Agreement are breached by the Client.
5. Other General Terms:
By accepting this Agreement, the Client also agrees to all provisions of our General Client Terms of Service (“General Agreement”) covering Governing Law, Additional Payment Provisions, Forms Provided by S101, Applicable Regulations and Other Terms and Conditions, which can be accessed here: General Agreement
