Try2cms - Content Management System


Try2CMS Terms of Service

1. ACCEPTANCE OF TERMS

Ass-Kickin Solutions Inc. (AKS) provides its template-based website building solution otherwise known as try2cms.com subject to the following Terms of Service (TOS) which may be updated by us from time to time without notice. By accessing and using the try2cms.com you accept and agree to be bound by the terms and provision of the TOS. In addition, when using AKS owned or operated services, you and AKS shall be subject to any posted guidelines or rules applicable to such services, which may be posted or modified from time to time. All such guidelines or rules are hereby incorporated by reference into our TOS.

2. DESCRIPTION OF SERVICES

AKS through its try2cms.com website provides a hosted template-based system for users to build their own custom websites. AKS services are provided “AS-IS” and assumes no responsibility for any loss or damages caused by the use or misuse, unavailability or removal of try2cms.com services.

3. USER REGISTRATION OBLIGATIONS

In consideration of your use of the try2cms.com services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving such services under the laws of Canada or any other jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the try2cms.com registration form and (b) maintain and promptly update the Registration data to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete or AKS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AKS reserves the right to suspend or terminate your account and refuse any and all current or future use of its services.

4. PRIVACY POLICY

To protect your privacy, we will never distribute your registration information to any third party. However such information may be released to applicable government authorities if required under law to do so.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY

Upon completing the try2cms.com registration you will be allocated a user name and password to access your account. 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 AKS 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. AKS will not be liable for any loss or damage arising from your failure to comply with this section.

6. USER CONDUCT

The user is entirely responsible for all content that you upload into your website on try2cms.com. AKS does not control the content posted and as such does not guarantee the accuracy, integrity or quality of this content. AKS will under no circumstances be liable in any way for any content, errors or omissions of content, or any loss or damage of any kind incurred as a result of making the content available to try2cms.com.

You agree not to use the try2cms.com service for the following:

  1. to make available content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. make available any content that you do not have a right to make available 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);
  4. make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party
  5. participate in any form of unsolicited bulk e-mailing or spam
  6. make available material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  7. run server processes (eg. Talkers/IRC Bots or other processes deemed inappropriate by management) from your web space within try2cms.com
  8. intentionally or unintentionally violate any applicable local, provincial or national law or any regulation having the force of law
  9. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization designated as a foreign terrorist organization
  10. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the preceding paragraphs

You acknowledge that AKS may or may not pre-screen content, but that AKS shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any content that is available via its try2cms.com service. Without limiting the foregoing, AKS 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.

You acknowledge, consent and agree that AKS may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the terms of service; (ii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect her rights, property or personal safety of AKS, its users and the public.

You understand that the try2cms.com services and software embodied within may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by AKS and/or content providers who provide content to try2cms. You may not attempt to override or circumvent any of the usage rules embedded into the try2cms.com series. Any unauthorized reproduction publication, further distribution or public exhibition of the materials provided on thetry2cms.com service, in whole or in part, is strictly prohibited.

7. INDEMNITY

You agree to indemnify and hold AKS and its subsidiaries, affiliate, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit, modify or otherwise make available through the try2cms.com site, your use of the site, your violations of the terms of service, or your violation of any rights of another.

8. NO COMMERCIAL REUSE OF TRY2CMS.COM

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes and portion or use of, or access to the try2cms.com site.

9. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that AKS may establish general practices and limits concerning use of the try2cms.com service including without limitation, the maximum use of bandwidth and content storage. You acknowledge that AKS retains the right to disable your site should you exceed acceptable usage limits until such time as this usage can be reduced. AKS also reserves the right to deactivate accounts that are unpaid. You also acknowledge that AKS reserves the right to modify these general practices and limits from time to time.

Data stored on our servers is not guaranteed to be backed up. It is recommended that you keep an independent backup of all data stored on your web space within try2cms.com

10. MODIFICATIONS TO TRY2CMS.COM SERVICES

AKS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the try2cms.com services (or any part thereof) with or without notice. You agree AKS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the try2cms.com services (or any part thereof).

11. TERMINATION

You may terminate your try2cms.com account at any time.

You agree that AKS may, without prior notice, immediately terminate, limit your access to or suspend your try2cms.com account. Cause for such termination, limitation of access or suspension shall include, but not be limited to (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modifications to the try2cms.com, (d) unexpected technical or security issues or problems, (e) engagement by you in fraudulent or illegal activities, and/or (f) nonpayment of any fees owed by you in connection with the try2cms.com services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made at AKS’s sole discretion and that AKS shall not be liable to you or any third party for any termination of your account or access to the try2cms.com services.

Termination of your try2cms.com account includes any or all of the following: (a) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (b) barring of further use of all or part of the tr2cms.com services.

12. PROPRIETARY RIGHTS

You acknowledge and agree that the try2cms.com service and any necessary software used in connection with it contain proprietary and confidential information that is protected y applicable intellectual property and other laws. You further acknowledge that you have no claim over a particular template within the service. You have the right to use any template offered by us and change them as often as you wish. In the even that you make, modify, or adjust a try2cms.com template, it remains the property of AKS. You agree not to rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the try2cms.com service, including the templates, in whole or in part.

All templates of the try2cms.com template system are the property of AKS and any attempt to copy them is strictly forbidden. Any templates developed by a person, company etc. for this system are the property of AKS and/or try2cms.com. The developer(s) of a custom template have the exclusive right to use the template with the try2cms.com system. In the even that those developer(s) is no longer using thetry2cms.com template system any and all templates used an/or developed become the exclusive property of AKS and/or try2cms.com

If a customer develops a template for the try2cms.com system they must submit the template to templateapprovals@try2cms.com in order for that template to be accepted. AKS and/or try2cms.com have exclusive domain over this approval process and reserve the right to approve or reject a template without explanation. Template approval can usually be taken care of within 5 business days from date of receipt by AKS.

13. CANCELLATION AND REFUNDS

If you subscribe to a paid package intended for a listed period of time AKS expects you to commit for this period of time. Because of your commitment, we offer a discount on the normal monthly price of our accounts. If you cancel your account before the end of your subscription time, AKS will not make any refunds on any unused portions of your account. While we do not offer refunds for paid service (beyond our 30-day money back guarantee which is applicable to annual and bi-annual accounts only) you are under no obligation to continue using our service for that time.

Our 30 day money back guarantee (applicable to annual an bi-annual accounts only) excludes the price of domain name registration fees and secure server certificate purchases.

AKS reserves the right to cancel the service at any time. Customer refund requests are to be sent to accounts@try2cms.com and will only be processed in cases of service non-performance where AKS is clearly at fault. Refund requests for issues beyond AKS control will be refused. Such reasons include but are not limited to: domain name failure, failure of any third party script or program that is not supported by try2cms.com, customer lack of experience dealing with web basics and communication protocols.

14. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE TRY2CMS.COM SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE TRY2CMS.COM SERVICE AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AKS AND ITS SUBSIDIARIES, AFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. AKS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE TRY2CMS.COM SERVICE OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE TRY2CMS.COM SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE TRY2CMS.COM SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AKS OR THROUGH OR FROM THE TRY2CMS.COM SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
  4. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE TRY2CMS.COM SERVICE. CERTAIN CONDITONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HSTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE TRY2CMS.COM SERVICE. IMMEDIATELY DISCONTINUE USE OF THE TRY2CMS.COM SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE TRY2CMS.COM SERVICE: DIZZINESS, ALTERRED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

15. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT AKS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, 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 AKS HAS BEEN ADVISED OF THE POSSIBILTIY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE TRY2CMS.COM SERVICE; (b) DELAYS, NON-DELIVERIES, WRONG DELIVERY, VIRUS, AND ANY AND ALL SERVICE INTERRUPTIONS; (c)THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (d) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; (e) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE TRY2CMS.COM SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE TRY2CMS.COM SERVICE.

16. EXCLUSIONS AND LIMITATIONS

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 14AND 15 MAY NOT APPLY TO YOU.

17. NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

18. GENERAL INFORMATION

Entire Agreement: The TOS constitutes the entire agreement between you and AKS and governs your use of the try2cms.com services, superseding any prior version of this TOS between you and AKS with respect to the try2cms.com service.

Waiver and Severability of Terms: The failure of AKS to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties intentions as reflected in the provision and the other provisions of the TOS remain in full force and effect.

Statute of Limitations: 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 try2cms.com services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Technical Support: Technical support is intended to help the user of the try2cms.com system to solve specific problems associated with the use of the tools and resources available within the system.

Maintenance: Maintenance is considered to be when we are requested to add or make changes to the customer-supplied content on the site. Providing additional functionality to the platform specific to the user‘s individual needs may in some circumstances be considered maintenance as well.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

19. VIOLATIONS

Please report any violation of the to our Customer Care group.

Last updated April 19, 2010