Terms of Service

AKIMVA.COM TERMS OF SERVICE

Effective Date: February 2, 2016

 

Thank you for using AKIMVA.com. This Terms of Service (the “Agreement”) constitutes a binding contract between you and Amber Kim (the “Owner”), owner of the AKIMVA.com website (the “Site”). By using, accessing, registering for, or visiting the Site in any way, you agree to be bound by this Agreement in full and without modification. For purposes of this Agreement, “you,” “your,” and “Member” means you individually, and if applicable, any business entity or other person you represent or assist in accessing the Site.

We reserve the right to modify this Agreement at any time by updating the Terms of Service on the Site. By continuing to use the Site in any way, you agree to be bound by the most recent version of the Agreement. Upon a modification, all Account holders will be emailed a notification alerting them to the change.

  1. Your Use of The Site
    • The Site provides, through its affiliates, web hosting, design, and domain registration services. The Site is provided subject to the terms of this Agreement, solely for your personal use in registering domains and hosting websites (each a “Member Site”).
    • You agree that you will be bound by any additional posted terms, conditions, or rules as posted through the Site.
    • To register a Member Site, you must provide the Site with a valid email address, payment information, and other information (collectively, “Member Information”). You warrant that such Member Information is complete, truthful, and accurate in all respects.
    • You warrant that you are at least 18 years of age and possess the capacity and authority to enter into this Agreement. In addition, we do not collect personal information from children under the age of 13. If you believe we have personal information about a child younger than 13, please contact us immediately so we may investigate and remove any such information.
    • You will not in any way use the Site if it is prohibited or restricted by any contract or any law applicable to you.
    • You may be required to agree to additional terms of service in order to utilize some features of the Site. Such additional terms of service are hereby incorporated into this Agreement unless expressly disclaimed in such terms of service.
  2. Acceptable Use Policy
    • You may use the Site to build customized Member Site. You agree that all data, code, designs, text, information, data, software, music, sound, photographs, animations, graphics, video or other materials (collectively, “content”) that you upload, post, publish, distribute, disseminate or otherwise transmit to or through your Member Site (collectively, “post”) will comply with all requirements of this Section 2 of the Agreement (the “AUP”).
    • Without limiting anything else contained in this Agreement, you agree not to use your post, or utilize your Member Site to facilitate, any of the following:
      1. Spam messages, bulk emails, or open relays.
      2. Streaming of audio or video.
  • Adult content (including pornography or sexual content of any kind).
  1. Downloadable files in excess of 50 megabytes.
  2. Obscene, offensive, slanderous, libelous, abusive, or harassing material.
  3. Illegal or unauthorized use of others’ computers, networks, or systems.
  • Distribution of viruses, Trojan horses, worms, or malicious content.
  • Any activity that is illegal in any jurisdiction where the hosted material may be accessed.
  • In addition to termination of your Member Site and Account, you agree to pay Owner for any costs incurred by Owner as a result of your violation of the AUP.
  1. Subscriptions
    • In order to create a Member Site, you must register for a paid account (the “Account”​​). Each Account provides access to features and hosting for your Member Site for the amount of time specified on the signup page (the “Subscription Period”).
    • By creating an Account, you agree to pay all applicable fees specified on the signup page of the Site, as well as any applicable taxes or other governmental charges.
    • The Owner reserves the right to change its prices at any time. Your Account will be automatically renewed for a period equal to the original Subscription Period at the then-current rate (as posted on the Site) using the payment information on file. You agree to pay in full all fees for automatic renewals. If you do not wish to have your subscription renewed, you must cancel your Subscription Account before the end of the Subscription Period.
    • You authorize Owner (or its affiliates) to charge your submitted payment information for the services you select through the Site.
    • If, at any time, you contact your bank or credit card Owner and decline or otherwise reject the charge of any payable fees, or if your payment method is declined, you shall be in material breach of this Agreement, your Account may be canceled, and your Member Site may be deleted, removed, or suspended from the Site’s servers.
    • Subscription Account related fees are non-refundable unless otherwise expressly noted.
  2. Modification of Sites; Termination
    • The Site reserves the right to modify, change, replace, delete, suspend, or discontinue any component of the Site, partially or entirely, at any time and without notification.
    • The Site reserves the right to refuse service to any person.
    • If the Owner believes that you have violated any term of this Agreement, the Owner may, at any time and without notice, (i) delete your Member site, (ii) cancel your Member Account, or (iii) delete, modify, remove, cancel, or otherwise alter your Member Site or any content therein.
    • THE SITE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OF CONTENT UNDER ANY CIRCUMSTANCES WHATSOEVER. The Site requests that you routinely backup your content.
    • You may terminate your Account at any time by contacting the Owner or by selecting the appropriate option in your user control panel. Upon termination of your Account, your Member Site and all content therein will be immediately deleted and irrecoverable. Please make a backup of your Member Site before terminating your account.
  3. Uptime and Accessibility
    • Although the Site strives to provide excellent uptime and accessibility to Member Sites, we do not offer any uptime guarantee. We will not, under any circumstance, be responsible for any loss in access, accessibility, or uptime, as it relates to any Member Site.
  4. Indemnification
    • You agree to indemnify, defend, and hold harmless the Owner and its affiliates from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your content, Member Site, use of the Site, violation of this Agreement, or violation of any law, regulation, or contract.
  5. Warranties
    • The Site is provided “as-is” and “where-is” with no express or implied representations or warranties of any kind. All warranties of merchantability and fitness for specific purposes are specifically and expressly disclaimed. The Owner shall in no way whatsoever be responsible for lost data or inaccessibility of your Member Site. It is your sole responsibility to backup all data and Member Site information.
  6. Limitation of liability
    • THE OWNER AND ITS AFFILIATES SHALL IN NO WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REPUTATION, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (i) YOUR USE OF THE SITE; (ii) INTERRUPTIONS TO, OR INABILITY TO ACCESS, YOUR MEMBER SITE; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iv) DATA BREACHES, “HACKS,” CORRUPTION OF DATA, OR UNAUTHORIZED ACCESS TO YOUR MEMBER SITE OR DATA CONTAINED THEREIN; OR (v) ANY OTHER CLAIM RELATED TO, OR IN CONNECTION WITH, THE SITE.
  7. Miscellaneous
    • The Agreement shall be governed by the laws of the state of Washington. Any dispute relating to, or arising out of, this Agreement shall be brought exclusively in the courts of Washington.
    • The Owner may provide you with messages regarding the Site or its business partners via email or SMS message. By signing up for an Account, you expressly consent to receive such messages and agree that you have completed an electronic signature agreeing to such.
    • This Agreement, coupled with the Privacy Policy incorporated herein by reference, comprises the complete and entire agreement between you and the Owner regarding the use of the Site and any services of the Owner. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect to the maximum extent allowed by law.
    • A party’s failure or delay in exercising any right, power or privilege under this Agreement shall not operate as a waiver, nor shall any single or partial exercise of any right, power or privilege preclude the exercise of any other right hereunder.
    • You may not assign this Agreement without the express written permission of the Owner. The Owner may, in the instance of a sale, merger, or reorganization, assign its rights and duties under this Agreement, in which case the assignee will be bound by the terms of this Agreement.
    • Notice may be directed to the Owner at Amber@amberkimdesign.com.

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