Terms of Service

Effective 1/1/2001
Revised 12/4/07
Revised 1/12/12
Revised 6/5/12

The SITEMASON Tools (the "Tools") and Services (“Services”) are provided by Sitemason, Inc. ("SITEMASON") to You ("You," "Your," or "Member") under the terms and conditions of this Terms of Use and Membership Agreement ("Agreement"). This Agreement includes SITEMASON'S Privacy Policy, which is available at the SITEMASON web site located at /about/privacy-policy and is incorporated herein by reference, and governs Your use of SITEMASON's web sites as well as all Tools and Services. By accessing the tools, using the Services or completing the registration process, you represent and warrant that you: (i) are authorized to sign for and bind the contracting party (ii) agree to be bound to all the terms and conditions of this Agreement, including the disclaimers and limitations of liability set forth below. If you are not authorized to sign for and bind the contracting party, or otherwise do not agree with the terms and conditions of this Agreement, do not use the Services. By visiting sitemason.com or by using any Services provided by Sitemason, You accept all terms and conditions of this Agreement.

I. Service Description

SITEMASON provides web site applications (“Tools”), a content management system (“CMS”), including maintenance and hosting, and email services (“Email”). For the purposes of this Agreement, Services will refer to all products and services, including the Tools, CMS, Email, and any other product or service that may be offered or provided from time to time or in the future by Sitemason. By subscribing to Services, users (also referred to as “Members”) can access and configure Sitemason Tools (such as forms, news & events, visual media galleries, mobile applications, etc.), the CMS, Email or other Services for a uniquely identifiable website, mobile application (“app” or “apps”), email address or other types of online presence.

II. Use of Service

All use of Services is governed by this Agreement.

A. YOUR ACCOUNT

To use Sitemason Services, You must have an account (“Account”). All Accounts are governed by and subject to the following rules:

  1. If you wish to subscribe to or use a Service, You must provide SITEMASON with current, complete and accurate information as prompted. SITEMASON has the right to refuse to grant You an Account at its sole discretion.  Regardless of whether You register, You agree to the terms of this Agreement and are responsible for all content related to Your Services. 
     
  2. For the duration that you are logged into Your account, You are hereby granted a non-exclusive, non-transferable temporary license, subject to the terms and conditions of this Agreement, to use the Services only on the single computer that temporarily accesses the Services directly from the SITEMASON website. You are not granted a license or any other right to store any of the Services on any computer or other device, or copy or otherwise use such information to create derivative works.
     
  3. Use of Your Account is expressly limited to You. You cannot transfer or share Your Account with any other party, temporarily or permanently.
     
  4. You are entirely responsible for all use of Your Account and for the confidentiality of Your password. You are entirely responsible for any and all statements made and activities that occur through Your account. You agree to notify SITEMASON immediately of any unauthorized use of Your account. To protect Your privacy, SITEMASON will suspend access or change access to Your Account immediately upon notification by You that Your password has been lost, stolen or otherwise compromised.
     
  5. You are responsible for all telephone or Internet access charges related to connecting to SITEMASON. If You reside outside the U.S. and You require access to an additional telecommunications network in order to connect to SITEMASON, You are responsible for the additional charges that are incurred.
     
  6. Payment:
    1. SITEMASON may perform work for You in setting up an Account or Service. Work performed will always be on a contract basis at a rate and payment terms mutually agreed upon by both parties in advance of the work to be performed. SITEMASON may require You to consent to additional terms for this work and may provide a Master Agreement, Statement(s) of Work or other such documentation or correspondence to establish or clarify the scope of any performance of such work.
    2. When You purchase a Service or Services from SITEMASON, You will be charged in US Dollars based on SITEMASON’s published prices or a mutually agreed upon price and terms. SITEMASON reserves the right to modify its prices at any time, with 10 days‘ notice. You agree to pay for services provided by SITEMASON according to the current price or schedule of prices. If Your payment is late for any reason, your Account may be subject to a penalty fee or  termination without notice and your Services are subject to suspension, deactivation or deletion. If You wish to re-open your Account or restore Services, You may be subject to additional costs or revised pricing as determined by SITEMASON based upon the time and work required to perform such tasks.
    3. In general, SITEMASON’s Services, not including contracted work, are billed on a recurring basis in advance. Recurring billing for the Services can be monthly, quarterly, semi-annually, or annually but if You select no recurring period, the frequency of billing will be monthly by default, with the exception of domain names that SITEMASON has registered or renewed on your behalf. Charges for partial month service are prorated from the date that Services are initiated. Terms are 15 days. In general, invoices for recurring services are generated on the first day of the month with terms of fifteen days. You may receive multiple invoices within a month if you: order multiple services on different days within the same month; are responsible for the payment of work contracted between You and SITEMASON and periodic charges for that work are billed on another day besides the first of the month; the annual renewal date for the registration of a domain name falls within the month.
    4. Sitemason invoices will contain Your customer or account number, a unique invoice number, a description of the Service(s), the period during which Services are provided and relevant amounts owed. The invoice may reference past invoices that remain outstanding, balances owed and/or payments and credits applied to the balance. This works in much the same way as a utility, phone company or any other provider that is performing a service that runs constantly for the period of coverage.
    5. Unless requested otherwise, invoices will only be emailed. You may request a paper invoice to be  sent via the U.S. Postal Service.
    6. Payment formats currently accepted include cash, check, Visa, MasterCard and American Express. A Credit Card Authorization form can be submitted electronically at https://secure.sitemason.com/www.sitemason.com/billpay.
    7. SITEMASON has the right to cancel Your Services and delete any files or content related to Services at any time in the event of non-payment or past due status of an account. Should Your account remain active but contain a past due balance, Your Account may be subject to a penalty fee or termination without notice and your Services are subject to suspension, deactivation or deletion. If You wish to re-open your Account or restore Services, You may be subject to additional costs or revised pricing as determined by SITEMASON based upon the time and work required to perform such tasks.

B. Services

  1. SITEMASON Services accommodate a diversity of interests and opinions. Just like any community, however, owners and users must conduct themselves in an appropriate manner. Members and website users cannot use Sitemason tools to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would harm SITEMASON's business interests, constitute a criminal offense, exploit children, violate rights of others, or otherwise violate any applicable local, state, national, or international law. SITEMASON reserves the right to shut down any Service, which, in its sole judgment, violates these guidelines.
  2. You are licensed to use Services but cannot copyright SITEMASON Services. You are responsible for the content of and data associated with the Services that you use.
  3. SITEMASON and its affiliates are under no obligation to monitor or review content.
  4. SITEMASON and its affiliates do not control the information available in association with the SITEMASON Services. Any opinions, advice, statements, services, offers or other information or content presented or disseminated on any Service are those of the respective authors who are solely liable for their content. SITEMASON and its affiliates reserve the right, in their sole discretion, to edit or remove any material from Services.
  5. Furthermore, SITEMASON reserves the right, at any time and for any or no reason, to limit, deny, modify or discontinue Services with or without notice to You. SITEMASON shall not be liable to You or any third party should SITEMASON exercise its right to modify or discontinue the Services.
  6. Copyright Agent. In compliance with 17 U.S.C. 512, Sitemason, Inc. has designated an agent to receive notifications of claimed infringement by any material located on the SITEMASON Web site. If You wish to notify SITEMASON of any such claimed infringement, contact Mr. Tim Moses, by e-mail (copyright@sitemason.com), by phone (615.301.2600 or 888.349.5578), or by post (110 30th Ave. North, Suite 5, Nashville TN 37203).

C. Rules of Online Behavior

You agree to the following terms and conditions:

  1. You are prohibited from posting, publishing, distributing, uploading, downloading, disseminating, or transmitting to other Web sites that contain material that:
    1. Is unlawful, defamatory, fraudulent, libelous, threatening, abusive, disruptive, sexually explicit, bigoted, harassing or obscene.
    2. Would violate the privacy, publicity, proprietary or other rights of any person or entity.
    3. Constitutes or promotes a criminal offense, or otherwise violates any local, state, national, or international law.
    4. Contains corrupted files, viruses, Trojan horses, worms, time bombs or any other harmful contaminating, or destructive features.
    5. Contains contests, pyramid schemes, chain letters, junk mail, spamming or flaming
  2. You are prohibited from uploading or reproducing any information protected by copyright without obtaining permission of the copyright owner. Only public domain files, and files that the author has given You express consent to copy and redistribute online or otherwise, can be uploaded to SITEMASON, including any software files or libraries.
  3. You are prohibited from harvesting, aggregating, mining, copying or otherwise collecting information about others, including, but not limited to, names, email addresses, passwords, and usage information, without their consent.
  4. In an effort to curb spam, which adversely affects all our customers, individual customer accounts are limited to sending email to no more than 1,000 recipients per day. 
  5. You are prohibited from stalking or harassing others. You are further prohibited from creating a user ID to creating a false identity for the purpose of misleading others of Your identity or to impersonate another person.
  6. You cannot attempt to gain unauthorized access to, tamper with, modify, or hack any Services.
  7. Information and materials that You find published on SITEMASON may be the property of SITEMASON or an Information Provider, and may be protected by copyright or may contain protected trademarks. You cannot copy, redistribute or commercially exploit such materials without the express written permission of the owner(s) of such information or materials.
  8. You cannot violate any applicable law or regulation of any relevant jurisdiction.

III. Member Representations, Warranties and Acknowledgment

  1. You warrant that all material that You submit for publication or posting on SITEMASON will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous. You grant SITEMASON a non-exclusive, irrevocable right to copy, display, sublicense, transmit, and create derivative works of the information or materials You have published or posted on, or distributed through the Services. SITEMASON reserves the right, in its sole discretion, but is under no obligation, to refuse to post, delete or edit information that You submit or enter onto SITEMASON, including but not limited to news services, and databases. You agree that You will not hold, nor seek to hold, SITEMASON or its agents liable for the loss of data or the misappropriation or infringement of any intellectual property right (including but not limited to any copyright or moral right) to which You claim ownership.
  2. You acknowledge and agree that neither SITEMASON nor its third party service providers endorse the content of any Member and is not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that SITEMASON and its third party service providers do not pre-screen content, but that SITEMASON and its designees will have the right (but not the obligation) at their sole discretion to refuse, edit, move or remove any content that is publicly available via the Services. SITEMASON does not control the content posted via its Services and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Services, You may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will SITEMASON be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Services.
  3. Any links included within the Services may permit You to leave the SITEMASON web site. You acknowledge that these linked sites are not under the control of SITEMASON and SITEMASON shall not be responsible for the contents of any linked site or any link contained in a linked site. All such sites shall be subject to the policies and procedures of the owner of such site. SITEMASON is not responsible and shall have no liability for webcasting, or any other form of transmission received from any linked site.
  4. If ordering merchandise and/or services from anyone other than SITEMASON, through any commercial service accessible via SITEMASON, all transaction terms including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance, and delivery, are solely between You and the seller of the merchandise or services. You are solely responsible for fulfilling any contractual/e-commerce or other obligations You assume using the Services. SITEMASON makes no warranties or representations whatsoever with regard to any goods or services provided by the seller of the merchandise or services and shall not be liable for the costs or damages arising, either directly or indirectly, from the products or services or from the actions or inactions of the seller.
  5. You acknowledge that SITEMASON has the right to delete any of Your personal data on SITEMASON's servers associated with a Service that You have terminated.
  6. You acknowledge that SITEMASON does not represent or warrant that Services will be uninterrupted or error-free, or that defects will be corrected.
  7. You acknowledge and agree that SITEMASON shall retain all title, copyright and other proprietary rights in its software and all aspects of its Services. You shall not acquire any rights, express or implied, in the Services, other than those specified in this Agreement.

IV. Privacy Policy

SITEMASON may collect and disclose data in accordance with the SITEMASON Privacy Policy located at /about/privacy-policy. You expressly consent to any use or disclosure of Your personal identification and other personal information in accordance with the Privacy Policy. Due to the existing legal and regulatory environment, SITEMASON cannot ensure that Your personally identifiable information or Your private communications will not be disclosed to third parties. By way of example (and without limiting the foregoing), SITEMASON may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Further, SITEMASON can (and You hereby authorize SITEMASON to) disclose Registration Data or any information about You to law enforcement or other government officials as SITEMASON, in its sole discretion, believes necessary or appropriate. Therefore, SITEMASON does not promise, and You should not expect, that personally identifiable information or private communications would always remain private. More information on SITEMASON’s current privacy policy can be found at /about/privacy-policy. 

V. Comments and Suggestions

We welcome and appreciate your feedback regarding SITEMASON products and services. Any comments, remarks, feedback, suggestions, ideas, or other submissions you disclose or transmit directly to us shall become the property of SITEMASON upon receipt and SITEMASON shall own all right, title, and interest in and to your comments.

VI. Termination

  1. SITEMASON may terminate Your account if it believes, in its sole discretion, that You have violated any of the Rules of Online Behavior. SITEMASON may also immediately terminate Your Membership and right to use the Services if:
    1. You breach this Agreement.
    2. SITEMASON is unable to verify or authenticate any information You provide to SITEMASON.
    3. Information that You have provided to SITEMASON is inaccurate.
    4. SITEMASON decides, in its sole discretion, that You have abandoned Your account.
    5. SITEMASON decides, in its sole discretion, to discontinue offering the Service or Services.
    6. You are in default of any payments owed to Sitemason for any Services or work performed. If a payment is delinquent or past due, you forfeit access to all Services and rights to all content associated with your Account(s). You further agree to pay any collection costs incurred, including attorney's fees, filing fees and court costs. 
  2. SITEMASON is not liable to You or any third party for termination of the Services. You may terminate the Services with or without cause at any time. Should You object to any terms and conditions of this Agreement or any subsequent modifications hereto, or if You become dissatisfied with the Tools in any way, Your sole recourse is to immediately:
    1. Discontinue use of the Services.
    2. Notify SITEMASON of Your termination. You alone are responsible for the proper cancellation of your account. To cancel any or all Services, you must contact us via phone (615-301-2600 option 3) or send email with explicit instructions referencing Your account and the services that you want to cancel at (billing@sitemason.com), even if you have relocated Services to another provider in a prior period or have not accessed any Services for any period of time. If You cancel a Service, the termination takes effect at the end of the current billing cycle or as soon as practical. You are not entitled to a refund if you stop using the Service after you have already been invoiced for the service.
    3. You acknowledge that SITEMASON has the right to immediately delete any of Your personal data on SITEMASON's servers associated with a Service or Services that You have cancelled.
    4. Upon termination of the Services, Your right to use the Services immediately ceases and your Account username and password will be rendered ineffective. 

VII. No Representations or Warranties

Your use of the Services is entirely at Your own risk. The SITEMASON Services are provided on an "as is, as available" basis. No warranties, express or implied, including but not limited to those of merchantability, non-infringement, or fitness for a particular purpose, are made with respect to SITEMASON or any information or software therein. SITEMASON makes no warranty that the Services and/or any graphics or other content You download from the Services will meet Your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor does SITEMASON, its licensors or suppliers make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services or that defects in the Services will be corrected. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to You.

VIII. Limited Liability

In no event shall SITEMASON, its licensors or suppliers be liable to You or any third party for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the Services, and/or any graphics or other content, including but not limited to, damages for loss of profits, however caused on any theory of liability (including negligence) even if SITEMASON has been advised of the possibility of such damages. Further SITEMASON shall have no liability to You or other third parties for any third party content uploaded onto or downloaded from the Services. You specifically acknowledge and agree that SITEMASON will not be liable for the conduct, advice or statement of other members, advertiser or third parties. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to You.  In no event shall SITEMASON's total liability for all damages, losses, and causes of action exceed the aggregate dollar amount paid under the agreement. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages; as a result, the above limitation or exclusion may not apply to You.

IX. Indemnification

You agree to indemnify, defend, and hold SITEMASON, its parents, subsidiaries, officers and employees, harmless from any claims and expenses, including attorney's fees, related to (i) Your use of the Services, including any content provided under Your account; (ii) any breach of Agreement, including any abusive or unlawful behavior on the part of You or Your dependents; or (iii) breach of any warranty or representation.

X. Modification of Agreement

SITEMASON may amend this Agreement at any time by (i) posting a revised SITEMASON Terms of Service document on the SITEMASON website, and/or (ii) sending information regarding the Agreement amendment to the email address You provide to SITEMASON. You are responsible for regularly reviewing the SITEMASON website to obtain timely notice of such amendments. Any continued use of the Services by You after such amended terms have been posted or information regarding such amendment has been sent to You, shall be deemed Your consent and agreement to such amended terms. Otherwise, this Agreement cannot be amended except in writing signed by both parties.

XI. Entire Agreement

GENERAL TERMS. This Agreement is governed in all respects by the laws of the State of Tennessee U.S.A, without reference to its conflicts of laws principles and any dispute arising hereunder shall be submitted to state and federal courts in Tennessee and You consent to the exclusive jurisdiction of such courts. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. SITEMASON's failure to act with respect to a breach by You does not waive SITEMASON's right to act with respect to subsequent or similar breaches. You cannot assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void.

This Agreement shall inure to the benefit of and be binding upon each party’s successors and assigns. SITEMASON shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond SITEMASON's reasonable control. Any notice required or permitted to be given to You under this Agreement shall be delivered by electronic mail to the email address provided by You during registration. This Agreement constitutes the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.