By using Posima, you agree to the following terms of service ("Terms of Service") governing your use of the Posima online service ("Service"). If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms of Service, in which case the terms “you”, “your” or “Account Holder” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not check the “I Agree” button and may not use the service. Posima reserves the right to update and change the Terms of Service from time to time without notice or acceptance by you. You can review the most current version of the Terms of Service at any time at: http://www.posima.com/posima_terms_of_service.html You must be at least 18 years old to use the Service. The Terms of Service will also be applicable to the use of the Service on a trial basis.
Posima provides each Account Holder with a web site on Posima’s Internet Property ("Web Site"). Each Web Site has a limited disc space based on the type of account purchased. The Service also includes proprietary tools that enable Account Holders to make up the Web Site. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Posima tools and resources, shall be subject to the Terms of Service. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You understand and agree that the service may include certain communications from Posima, such as service announcements and administrative messages, and that these communications are considered part of Posima participation and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Posima properties, shall be subject to the Terms of Service. You agree not to access the Service by any means other than through the interfaces that are provided by Posima for use in accessing the Service.
In order to use the Service, you must have a valid Posima ID. To be an Account Holder with your own Web Site, you must provide Posima with a credit card, billing and shipping information and other information ("Registration Data"). Accounts Holder will choose a password and account designation for your Web Site during the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Posima of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Posima cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3. In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Posima has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Posima has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
During registration, if the user chooses, Posima will acquire and register a new domain name (“Domainâ€) on behalf of the account holder, but registered under Posima’s registration account. As a result, all contact information in the WHOIS database for domain names, will relate to Posima and not the user. Upon cancellation, Posima will automatically set the Domain to “unrenew” status and the Domain will be released back to the public a year from the date last registered for the given account holder. The user can, if so desired, elect to pay a $35 fee for Posima to change the contact and dns information for the Domain to the user, for purposes of retaining the Domain. However, in such event, the “unrenew” status would still apply and, at the end of the renewal year, the user will have to attend to renewal of the Domain with another registrar. The renewal year will normally be on the yearly anniversary of the user’s acquiring the Domain through Posima.
A user who has registered a domain name directly with a registrar will be responsible for renewing that domain name.
The credit card that Account Holders provide as part of the Registration Data will be automatically and immediately billed. All currency references are in U.S. dollars. Please note, unless Posima gives notice to the contrary, payment for the Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple, no questions asked two-click instant cancellation process.
If you cancel the Service before the end of the term, your cancellation will take effect immediately. After cancellation, you will no longer have access to your website and all information contained therein may be deleted by Posima. Posima accepts no liability for such deleted information or content. If your credit card is invalid for any reason, the Service may be cancelled and all the information contained within deleted permanently. Posima accepts no liability for information that is deleted due to an invalid credit card. In addition, Posima may immediately terminate the Service for your failure to follow the Agreement. Such termination of the Service may result in the deactivation or deletion of your Web Site or your access to a Web Site, and the forfeiture and relinquishment of all content on your Web Site.
You agree that Posima may, under certain circumstances and without prior notice, immediately terminate your access to the Service and your Web Site. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Service, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), or (e) unexpected technical issues or problems. Termination of your Posima account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account and/or Web Site (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Posima’s sole discretion and that Posima shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
Registration Data and certain other information about you is subject to our Privacy Policy, the terms of which are incorporated into this Terms of Service by reference.
Technical, customer, and sales support is only provided via email or other online means and is not provided via phone or traditional mail.
You are responsible for maintaining the security of your account and Web Site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Web Site. You agree to immediately notify Posima of any unauthorized uses of the account or any other breaches of security. Posima cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Posima be liable, in any way, for any acts or omissions by an Account Holder, including any damages of any kind incurred as a result of such acts or omissions.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not Posima, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. Posima does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Posima 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, transmitted or otherwise made available via the Service. You acknowledge that Posima does not pre-screen Content, but that Posima and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Posima and its designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Posima or submitted to Posima.
You acknowledge and agree that Posima may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Posima, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Account Holder is solely responsible for all acts, omissions and use under and charges incurred with Client’s account or password or in connection with the Site or any Client Content displayed, linked, transmitted through or stored on the Server. Client agrees not to engage in unacceptable use of any Services, which includes, without limitation, use of the Services to: (a) disseminate or transmit unsolicited messages, chain letters or unsolicited commercial email; (b) disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (c) disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication; (e) 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 nondisclosure agreements); (f) intentionally or unintentionally violate any applicable local, state, national or international law; (g) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions; (h) “stalk” or otherwise harass another; (i) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which Client does not have authorization to access or at a level exceeding Client’s authorization; (j) disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program; or (k) engage in any other activity deemed by Host to be in conflict with the spirit or intent of this Agreement or any Host policy.
With respect to any additional software that may be made available by Posima in connection with the Service, if you elect to download or access such additional software, you understand that you may have to agree to additional terms and conditions before you use such software.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Posima does not claim ownership of the Content you place on your Posima Web Site. By submitting Content to Posima for inclusion on your Posima Web Site, you grant Posima a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Web Site on Posimas Internet properties. This license exists only for as long as you continue to be a Posima customer and shall be terminated at the time your Web Site is terminated.
You acknowledge that Posima does not pre-screen Content, but that Posima and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Posima and its designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Posima shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. You may also place advertisements on your Web Site if and when Posima makes this feature generally available as part of the Service. Your advertisements placement will be subject to additional terms.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Posima has no control over such sites and resources, you acknowledge and agree that Posima is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Posima shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You agree to indemnify, hold harmless and defend Posima and its directors, officers, employees and agents from and against any action, claim, demand, dispute, or liability, including reasonable attorney’s fees and costs, arising from or relating to: (i) Account Holder’s breach of this Agreement; (ii) any negligence or willful misconduct of Account Holder; (iii) any allegation that the Site or Account Holder Content infringes a third person’s copyright, trademark or proprietary or intellectual property right, or misappropriates a third person’s trade secrets; or (iv) any action or conduct of Posima undertaken pursuant to this Agreement. Account Holder agrees that Posima shall have the right to participate in the defense of any such claim through counsel of its own choosing.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by Posima.
You acknowledge that Posima may establish general practices and limits concerning use of the Service.
Posima reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Posima shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Posima or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. POSIMA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) POSIMA MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, POSIMA IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. POSIMA DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT POSIMA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF POSIMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (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 THE SERVICE; (iii) UNAUTHORIZED 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 THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or website posting. The Service may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on the Service. The Terms of Service and the relationship between you and Posima shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and Posima agree to submit to the personal and exclusive jurisdiction of the courts located within Travis County, Texas. The failure of Posima to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Posima and govern your use of the Service, superceding any prior agreements between you and Posima (including, but not limited to, any prior versions of the Terms of Service). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Posima services, third-party content or third-party software. If any provision of the Terms of Service or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
Please report any violations of the Terms of Service to our Feedback Form with the subject “Violations.”