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Terms of Service

RECITE CMS HOSTED TERMS OF SERVICE

VERSION 1.0, 1 JUNE 2010

The following terms and conditions govern all use of the Recite CMS Hosted service ("Service"), used to create your own website ("Website"). The Service is owned and operated by Recite Media Pty Ltd ("Recite Media"). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures ("Agreement").

Please read this Agreement carefully before accessing or using the Service. By accessing or using the Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service.

1. Your Recite CMS account and Website. When you create a website using the Service, you are responsible for maintaining the security of your account and website, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You must not describe or assign keywords to your website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Recite Media may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Recite Media liability. You must immediately notify Recite Media of any unauthorized uses of your website, your account or any other breaches of security. Recite Media will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Contributors. If you operate a website, post material or links to the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

   • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
   • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
   • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
   • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
   • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
   • the Content is not pornographic, libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
   • your website is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods;
   • your website is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your website's URL or name is not the name of a person other than yourself or company other than your own; and
   • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Recite Media or otherwise.

   Without limiting any of those representations or warranties, Recite Media has the right (though not the obligation) to, in Recite Media's sole discretion (i) refuse or remove any content that, in Recite Media's reasonable opinion, violates any Recite Media policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Recite Media's sole discretion. Recite Media will have no obligation to provide a refund of any amounts previously paid.

3. Fees and Payment. By purchasing the Service you agree to pay Recite Media the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up and will cover the use of that service for a monthly or annual period as indicated. The Service can be cancelled by you at anytime. You will be refunded the unused portion of your account as at the end of the current billing month.
4. Support. The Service includes access to email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Recite Media to respond within one business day) concerning the use of the Service. All support will be provided in accordance with Recite Media standard practices, procedures and policies.
5. Copyright Infringement and Policy. Recite Media may receive from time to time notices regarding material on a website created with the Service that infringes on copyright. Recite Media will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Recite Media or others, Recite Media may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Recite Media will have no obligation to provide a refund of any amounts previously paid to Recite Media.
6. Changes. Recite Media reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Recite Media may also, in the future, offer new services and/or features (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
7. Termination. Recite Media may terminate your access to Service if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Recite Media's notice to you thereof; provided that, Recite Media can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8. Disclaimer of Warranties. The Service is provided "as is". Recite Media and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Recite Media nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
9. System Maintenance and Upgrades. Recite Media will periodically upgrade its servers, subject to availability of software or hardware updates. You understand that the Service may be unavailable during these upgrades. Recite Media will endeavour to provide at least 24 hours notice prior to any such upgrades (when possible).
10. Limitation of Liability. In no event will Recite Media, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Recite Media under this agreement during the twelve (12) month period prior to the cause of action. Recite Media shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
11. General Representation and Warranty. You represent and warrant that (i) your use of the Service will be in strict accordance with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.
12. Indemnification. You agree to indemnify and hold harmless Recite Media, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
13. Miscellaneous. This Agreement constitutes the entire agreement between Recite Media and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Recite Media, or by the posting by Recite Media of a revised version. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Recite Media may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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