The Terms and Conditions below govern the commercial use of the "Create" family of web sites (the Site) operated by DoYourOwnSite! Limited (the Company).

The Company will provide each user with access to a package of templates, services and website development, design and management tools. By registering as a user you agree to use the Site in a manner consistent with all applicable laws and regulations and in accordance with these Terms and Conditions.

Throughout these Terms and Conditions where we refer to 'user', 'you' or 'your' we mean each registered subscriber to the service. Where we refer to the 'Company', 'we' or 'us' we mean DoYourOwnSite! Limited.

Contents

  1. The Create service
  2. Trial period
  3. Terms of Subscription
  4. Payments
  5. Cancelling your subscription
  6. Web page guidelines and rules for online conduct
  7. Copyrighted material
  8. Limitations of liability and warranty
  9. Indemnity
  10. Force Majeure
  11. Notice
  12. Law
  13. Entire agreement

1. The "Create" service

1.1. The Company will provide each user with access to a package of templates, services and website development, design and management tools. We also provide basic support by email.

1.2. More in-depth support and advice services such as telephone support and on-site training are not included. If we agree to provide extra services they may be subject to additional terms and payment.


2. Trial period

2.1. The Company will offer you use of the service for a trial period of 30 days. However, access to some of the "Create" services described in Section 1 will be restricted. Use of the service during the trial period is free of change. We will not ask you for any payment details or any other personal information.

2.2. At the end of the trial period we will send you an email, at the address you provided when you registered, inviting you to subscribe. You will be given a short period of time in which to accept the invitation. If you decide to subscribe you will need to visit the Site and complete the necessary payment procedures.

2.3. If you do not accept the invitation to subscribe within the time period stated in the invitation, we will assume that you no longer wish to use the service and further use may be prevented. You will be under no obligation to pay the Company for your trial use of the service or to accept the invitation to subscribe.

2.4. At any time during the trial period you can choose to end the trial and begin subscribing to the service. You may wish to do this to gain access to the services that are restricted during the trial period.


3. Terms of Subscription

3.1. The Company will provide each user with access to the service described in Section 1. We may, at our discretion, add to, amend or withdraw this service and all or any of the Sites.

3.2. We reserve the right to impose additional Terms and Conditions in respect of any user's order. Any additional Terms and Conditions will be posted on the Site.

3.3. Subscription to the service is available to anyone who registers all the information we require, provides an accurate, legitimate electronic mail address, and obtains a unique "Create" username and password. Each user can build one website per registered account, but may hold as many accounts (and therefore websites) as they require with the privileges associated with it. We do not discriminate on the basis of age, gender, or ethnicity.

3.4. Subscription is for use only by the registered user and is non-transferable.

3.5. The Company provides space for user web pages but makes no implied or express warranties about the reliability of these pages. We are not responsible for any damage caused by loss of access to, or deletion or alteration of those pages.


4. Payments

4.1. You must make regular payments to maintain your subscription. You can pay monthly or yearly. We do not refund, either partially or fully, any yearly payments.


5. Cancelling your subscription

5.1. The Company can cancel your subscription without notice for any (but not limited to) of the following online conduct that we believe:

  • violates these Terms and Conditions or other policies or guidelines set out by the Company elsewhere on the Site,
  • is harmful to other users, Create staff, the business of the Company, or other third-party content providers.

If this happens we can delete any and all information, communications, postings, or web pages at any time.

5.2. If we cancel your subscription we will not refund any payments. However if we believe the grounds for cancelling your subscription are not your fault we may at our sole discretion refund an amount we consider a reasonable part of the price paid for the subscription.

5.3. You can cancel your subscription by giving us 30 days notice.

5.4. To cancel your account you must log in to your account and complete the cancellation request form. This procedure has been designed to ensure that only authorised individuals are able to initiate account closure.

5.5. When a subscription has been cancelled, we will not renew the domain name with the registrar at the next renewal date. If you wish to keep your domain name after your subscription has been cancelled it is your responsibility to contact us with instructions to transfer control of your domain name to your new registrar.

5.6. If we receive instructions from you to transfer control of the domain name to you, we will do so when all subscription fees and any other fees owed to the Company are paid in full. If we do not hear from you with instructions or any fees are outstanding we will not transfer control of the domain name.


6. Web Page guidelines and rules for online conduct

6.1. The Company is not responsible for the content of any user web pages. The views expressed on any users' web pages are the sole responsibility of the user who used the Company’s system to create them.

6.2. The Company reserves the right to;

  • inspect all user web pages for material which, at the sole discretion of the Company is considered to be objectionable, offensive or in any way undesirable.
  • edit, delete or move any page or electronic mail postings from the Site at any time without notice; and
  • increase the fee due at the next renewal date if the content has become too big. This is because the sites we offer have unlimited content size potential. We will apply any change to the price we charge for the service at the next normal payment date and notify you.

6.3. The user agrees not to include any material or electronic mail postings on the Site that:

  • is copyrighted and does not have the express permission of the author or owner. (Software piracy and copyrighted material are covered in more detail in section 9);
  • exploits the images of children less than 18 years of age;
  • is grossly offensive to the "Create" community, including clear expressions of bigotry, racism, or hatred;
  • promotes illegal activity;
  • defames, abuses or threatens others;
  • is inconsistent with the values of the spirit of the "Create" Community;
  • is obscene; or
  • is an advertisement or any form of commercial solicitation other than in accordance with any applicable advertising standards and codes of conduct in connection with your own "Create" hosted site or on a basis consistent with the Company's user web page templates.

6.4. The user agrees not to:

  • use a web page as storage for remote loading;
  • make available copyrighted software which has been "cracked" - i.e., the copyright protection has been removed from the software;
  • make available serial numbers for software which can be used illegally to validate or register software;
  • create Spam;
  • make available tools, which can be used primarily for "cracking" software (this does not include tools that have legitimate uses for software developers, system administrators, etc.);
  • distribute any other material that may involve a breach of copyright. (for example, music);
  • include any material on the Site before they have reviewed the content;
  • remove any page(s) from the Site or the membership area; or
  • copy any page(s) to any other Site on the internet.

7. Copyrighted Material

7.1. Any material you use on your Site, including, without limitation, text, software, photos, video, graphics, music and sound, is protected by British and international copyright laws, both as individual works and as a collection. You must not place any material protected by copyright on your Site or in the Membership area without the express permission of the author or owner of the copyright of that material.

7.2. Unless otherwise stated, you can download or use copyrighted material provided by the Company for use with your "Create" Website. You may not use any of the copyrighted material in any other way; this includes but is not limited to:

  • Templates generated by our system
  • Background images
  • Buttons.
  • Any templates/images provided by "Create" to the user to build your website can only be hosted on the "Create" servers and cannot be taken and used on any other server without the express permission of "Create".

7.3. If we are notified by a third party or are made aware by a copyright holder that any material on our server may infringe copyright we will contact you using the email address you have provided.

7.4. We will forward the complaint we have received from the third party to you and it is your responsibility to contact the third party and resolve the complaint. You must respond in a timely manner and let us know that you have done so.

7.5. We will also email a declaration to you which you must complete and return to us within 5 working days. This document will ask you to declare that you are either the copyright holder or that you have been given permission by the copyright holder to use the copyrighted material on your website. If you do not return the completed declaration to us within the time frame allowed we will remove the copyright material in question either by deletion or by suspending the website and account.

7.6. We will not refund any subscription fees paid if the website is suspended for this reason.


8. Limitations of Liability and Warranty

8.1. You agree that the use of the Site is entirely at your own risk.

8.2. The Site is provided on an "as is" basis without warranties of any kind, either express or implied. You acknowledge that the free trial periods are provided to help you satisfy yourself about the Site.

8.3. Neither the Company nor any third-party content providers makes any guarantee of the accuracy, correctness, or completeness of any information on the Site and are not responsible for any:

  • errors or omissions arising from the use of such information;
  • failures, delays, or interruptions in the delivery of any content or services contained within the Site; or
  • losses or damages arising from the use of the content or services provided by the Site.

8.4. Neither the Company nor any third-party content provider makes any warranty with respect to any content, information, services, or products provided through or in conjunction with the Site.

8.5. The Company will on no account have any liability to the user for consequential, special, economic or indirect loss, for loss of savings or goodwill or for loss of revenue. Our aggregate liability to you in any calendar year is limited to the amount of money you have paid us in that year in respect of the Site.

8.6. Nothing in these Terms and Conditions limit or exclude the liability of the Company for death or personal injury due to its negligence.

8.7. You specifically agree that neither the Company or any third-party content provider are liable for your conduct associated with the Site, including, but not limited to, web pages, profiles, surveys, chat rooms or message boards.


9. Indemnity

9.1. The user agrees to indemnify the Company and any third-party content provider against any and all claims and expenses, including legal fees, arising from your use of the Site. This expressly includes:

  • User's responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights; and
  • Any libellous or unlawful material contained within user web pages, profiles, or postings.

10. Force Majeure

10.1. If and to the extent that we are hindered or prevented by circumstances not reasonably foreseeable or beyond our reasonable control from performing any of our obligations under this Agreement then we will be relieved of our liability to you to perform such obligations.


11. Notice

11.1. All notices under this Agreement will be in writing and sent by email to the address you have supplied us.

12. Law

12.1. The Agreement will be governed by and construed in accordance with the laws of England and will be subject to the exclusive jurisdiction of the English Courts.


13. Entire Agreement

13.1. These Terms and Conditions constitute the entire agreement between the parties with respect to their subject matter and supersede any other agreement, proposals and communications, written or oral, between the Company representatives and the user.

13.2. The Company may amend or supplement these Terms and Conditions at any time on notice to the user as published on the Site.