Terms of Use

 1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF USE
Your use of Site Mechanic indicates your agreement to the Site Mechanic Terms of Use laid out below and acknowledgment of the Site Mechanic Legal Statements. These documents may be modified without prior notice. User's continued use of the service constitutes an affirmative acknowledgment by user of these modifications.


The most current version of The Terms of Use and Legal Statements will always reside online at http://www.sitemechanic.us. The Site Mechanic Terms of Use and Site Mechanic Legal Statements comprise the entire agreement between the Site Mechanic users and Divine Design, unless otherwise indicated.




2. DESCRIPTION OF SERVICE, MODIFICATIONS TO SERVICE

Site Mechanic provides users with various web publishing and content management services, including but not limited to the ability to create and maintain a web site as well as the hosting services for this web site. In order to use the service users should provide for own access to internet and pay any service fees associated with such access.
(i) Site Mechanic reserves the right to change the terms of service and prices without prior notification as long as the fees for current accounts remains at the rates that were active at the time of subscription. Changes to the rates affecting old accounts will be made only after timely notification to all Site Mechanic users. Such notifications will be posted on http://www.sitemechanic.us and sent via email to the email address each customer has provided during registration.
(ii) Site Mechanic reserves the right to suspend accounts which are using features and designs outside of the package they paid and fail to upgrade to the respective package after being notified for this.
(iii) Site Mechanic reserves the right to showcase customer sites as examples of the service on Site Mechanic.com and inside marketing materials unless a specific request not to feature the site in product marketing materials has been filed by the owner of the website.
 

3. USERS OBLIGATIONS AND CONDUCT


Each user bears the sole responsibility for the content published on their SM website. Divine Design does not control the content posted via the service and, as such, does not guarantee the accuracy or quality of such content and cannot be held responsible for it. Use of the service is subject to all applicable local, state, national and international laws and regulations as well as to internet-specific policies and procedures. 

User agrees:
(i) not to use the service for illegal purposes; 
(ii) not to publish any material that is unlawful, harassing, abusive, threatening, offensive, vulgar, obscene, harmful, libelous, invasive of another's privacy or constitutes an infringement of third party intellectual property rights.
(iii) not to interfere with or disrupt in any way the service including servers and networks connected to the service;
(iv) not to interfere with another user's enjoyment of the service.
User should indemnify and hold Divine Design and its subsidiaries, affiliates, officers and employees, harmless from any claim or demand made by any third party due to or arising out of user's conduct, violation of these Terms of Use by user, or the infringement by user of any intellectual property or other right of any person or entity.
Divine Design may, at its sole discretion, terminate the service should a user's conduct fail to conform to these terms and conditions. 




4. USER ACCOUNTS AND SECURITY


Users are entirely responsible if they do not maintain the confidentiality of their password and account, as well as of password protected areas of their sites. Users are entirely responsible for any and all activities which occur under their account.
 



5. OWNERSHIP


Users retain full copyright ownership and all related rights for materials published on their Site Mechanic website. Site Mechanic retain full copyright ownership and all related rights for all designs that are part of Site Mechanic service. Using the built-in designs or elements of them outside Site Mechanic if not permitted, unless a special license is purchased.

6. STORAGE AND OTHER LIMITATIONS
Divine Design reserves the right to automatically clean assets exceeding the storage limit for the respective package subscription, after sending an email notification for exceeding the limit and failure on the part of the user to take subsequent action to clean the surplus assets or alternatively request an upgrade of the account. Divine Design assumes no responsibility for the deletion or failure to store information entered into Site Mechanic.
 



7. NOTICE AND TERMINATION OF SERVICE
Either Divine Design or the user may terminate use of the Service with or without cause at any time and effective immediately. Divine Design shall not be liable to users or any third party for termination of the service. Upon termination, user's right to use the service and the related software ceases immediately.

8. SALES TERMS

All paid plans are month to month or year to year. All sales are final. Once you are on one of our paid plans, you will be billed monthly/annually until you cancel. You can cancel anytime by requesting cancellation through methods listed on our Contact page. In order to avoid the next billing, the cancellation should be submitted at least 7 days prior to the next billing.
All notices shall be in writing and shall be made either by publication or via email. Divine Design may publish notices on this website (http://www.sitemechanic.us) to inform users of changes to the service, Terms of Use, or other important procedures; such postings shall constitute notice to users.