1. The meaning of this document
If you have any questions or doubts as to what any portion of this document means or whether or not any actions you may take could be in violation of our acceptable use or terms of service policies, you must contact us in writing for clarification.
You may contact us by submitting a support ticket to our support desk.
2. Terms used in this document:
General Terms and Conditions - throughout this document references to “Terms” and “The Terms” mean this document, describing the “General Terms and Conditions” with which this website provides its products and services.
Lake Liberty – references to “we”, “our”, “ours”, “us” mean the staff of Lake Liberty and Lake Liberty the entity that owns and operates this website and provides its products and services.
User – terms such as “user”, “users”, “the user”, “you”, “yours”, “your” refer to you the user of this website and its products and services.
Products and Services – the terms “product”, “products”, “service”, “services” refer to what we provide through this website and may be used interchangeably.
3. Scope and Application of the Terms
The terms are a legally binding agreement between you and us, applicable within your use of our system and services.
The section headings are for convenience only and are not part of the agreement. If any section or clause is ruled illegal or unenforceable by a court of competent jurisdiction, the remaining terms continue to remain in force as though the said section or clause did not exist. Further, if any section, clause or term or phrase in this agreement is ruled to be ambiguous in its writing by a court of competent jurisdiction, that ambiguous item shall be interpreted by the court in the spirit in which it was intended in preference to the literal writing of the item.
The governing language of the Terms is English.
By accepting the Terms, you understand and agree that form and nature of the Services provided by us may be updated and modified from time to time without prior notice to you.
You also agree that we may stop permanently or temporarily providing access to our systems or services to you and/or other users at any time without prior notice. Likewise, you may stop using our systems or services at any time without prior notice to us.
You acknowledge and agree that if your access to our systems and services is disabled, you will be unable to access your account details, functionality or any files or other content, which is contained in your account.
Access means any form of connection between you and your systems to our systems including when such connection is initiated by our systems.
4. Accepting the Terms
Before using our systems and services, you must agree to these Terms. Without prior acceptance, you will not be able to use them and you must not use them.
You can accept the Terms by clicking the “I accept” or "I Agree" button or checkbox when and where presented.
If you start using our system and services, you understand and agree that we suppose that you have accepted the Terms in relation to your use of our systems and services.
If you are not of legal age to form a binding contractual relationship or if you are barred from it under the laws of Switzerland or the country in which you reside or from where you are accessing our systems and services, you are not allowed to use our system and services and therefore are not able to accept the Terms.
5. Description of our system and services
Our systems and software provide web hosting, systems management, online tools, web marketing, social marketing and social networking services to persons 18 years old or older. There are no exceptions to this rule. The primary method with which our services are provided is the automation of acceptable but commonly manual tasks while avoiding any kind of spam activity or breaking the terms of major third party online systems and websites.
Given the rapidly changing nature of the web and our services, we list our services by way of examples and indications as follows, one or more of which will be provided optionally at our discretion:
• A membership service for free and pro (fee paying) members
• Functions to enable members to host and manage their websites and blogs
• Functions to enable members to list and market their websites and blogs
• Functions to enable the display and marketing of members’ products and information
• Functions to enable the distribution of members’ marketing information in text, audio, image and video formats
• Functions to enable visitors to vote for the more favored materials of members by way of socially sharing their views
• Functions and software tools to enable members to conduct various business operations within their website or for their business
6. Qualifying Sites
We shall not accept any username or website with objectionable content including but not limited to the following content:
• Sexually explicit material
• Discrimination based race, gender, religion, nationality, disability, sexual orientation, or age
• Illegal activities
• Overtly religious content
• Social intolerance
• Violating intellectual property rights
• Incitement to violence
Please note that we have a ZERO TOLERANCE POLICY towards any attempts to list such sites on our network, or link, in any fashion, including, but not limited to, Affiliate Links. Any user including Affiliates and Partners found to be violating this Policy will find their Account as well as their Membership deactivated without any notice.
We consider any violation of this Policy to be a criminal intrusion in our network, and reserve the right to take any and all legal actions as allowed under the law.
7. Conditions of use
In order to register for access to our system and services, you may be asked to provide data about yourself (e.g. your identification or contact details, your system information). You acknowledge and confirm that any information you provide is kept accurate, correct and up-to-date at all times.
You shall be allowed to use our systems and services only for purposes permitted by the Terms and by any applicable legislation, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Switzerland or other relevant countries).
You agree not to engage in any activity that could interfere with or disrupt or damage our systems and services nor those of our other users, associates and partners.
You also agree that, under no circumstances, you try to reproduce, duplicate, copy, sell, trade or resell our systems and services without express written consent from us for example under an affiliate agreement.
Additionally you agree to withhold public disclosure of other members' information unless you have their express written agreement, particularly information relating to members who joined the membership from your website(s) or on your recommendation or referral.
You acknowledge and agree that we are not liable for any breach of your obligations of these Terms and for any ensuing consequences, damage whatsoever (financial, business or otherwise) you may suffer. And we are not responsible for losses of any kind you may suffer when using our systems and services.
You agree that you are solely responsible for content published on your website and that you hold us harmless and indemnify us from any action brought against you relating to the contents, systems or tools we provide for your site. Further, you take full responsibility for such content and will indemnify us against any loss or damage to your income, systems or other losses whether direct or consequential or that of your website visitors and users.
You acknowledge that should you find any content provided by our system to your sites, is in any way unacceptable by you, you will use our system functions within your account to flag such content for our attention and remove such content without resorting to legal action or any demands for compensation against us whether any loss or damage was sustained by you as a result of the content in question. You further acknowledge that any legal action arising from the presence of objectionable content will be brought against the owner and provider of such content directly, excluding us from all actions and demands.
You agree that you are solely responsible for content you provide to our system for subsequent display via our members' sites and that you indemnify us against any and all actions brought against us as a result of content provided by you.
You understand and agree that you are entirely responsible for maintaining and securing the confidentiality of passwords in relation to your account and use of our system and services. In addition, you accept that you are solely liable to us for all activities occurring under your account. You agree to inform us immediately if you become aware of any unauthorized and possibly damaging use of your password or of your account.
You understand that you or any entity you use as a user of our systems and services are allowed to have solely one account except as provided for in the section below entitled “Shared Accounts”. If you try to use more than one account, we shall remove them. In addition all domains in relation with those accounts will be frozen indefinitely.
You acknowledge our right to freeze your account(s) including withholding or permanently cancelling any payments owing to you for the sales of our services, should we find you at our sole discretion in breach of our terms and conditions in this document or breach of any of our other terms and policies published on this site. Should our action be temporary, we at our sole discretion decide whether any sales or affiliate commissions due to you are payable for the period of our temporary action or indeed for the period prior to the action being taken.
For clarity and avoidance of doubt, all payments due to you may be suspended or cancelled as a result of your breach of our terms and no back payments or accumulated earnings may be payable even after reinstatement which will be at our sole discretion.
After termination of your account, whether initiated by you or by us, we maintain minimum account information, including but not limited to your web addresses to prevent the return of terminated users under new identities.
8. Shared Accounts
While you are strictly forbidden from registering multiple accounts, we acknowledge and accept two exceptions:
a) You may be conducting online business in partnership with other colleagues. If you have a substantial legal and documented shareholding in such businesses, you may register such a business as a separate new account in your capacity as the representative of your shared business.
b) You may be providing web related services for your clients. In this case you must register a new account(s) for your client(s) and immediately inform your client(s) of the details of this account and the proper login details. When acting for clients, you must not under any circumstances add client domains to your own accounts.
9. Zero tolerance for spam
Under no circumstances will you participate in mass unsolicited emailing activities (spamming) whether related to our systems and services or totally unrelated. If you do not abide by this rule, our relationship will be terminated after we discover such breach of our Terms at a time totally within our discretion.
We have zero tolerance towards spam, in any form. In keeping with our beliefs and for the protection of our users, our members and our networks, our software periodically checks various blacklists to ensure that our users are not engaged in the practice of sending unsolicited emails, forum posts and other forms of spam.
Any user whose i.p. address, domain name(s), etc., are found to be blacklisted, will have their access to our networks and their user accounts suspended.
We realize there are instances where such blacklistings are in error and/or not due to any fault of the user. Any users found with respect to a blacklisting will have 60 days to clear any blacklistings, at which point their accounts will be restored without penalty.
Users whose blacklistings are not cleared in the previously mentioned time frame, as well as repeat offenders, may, at our sole discretion, have their accounts closed without further notice.
10. Breach of Contract
If we determine that you are or were in breach our terms at any time during our relationship we reserve the right to withhold any monies owed to you or any services due to you including withholding or preventing access to our systems by you and your agents without refunding you for any payments you may have made for such services and access.
We further reserve the right to terminate the contract between us and also terminate your account and cancel any payments due to you without refunding you for any fees you may have paid for our services.
We further reserve the right to bring a legal suit against you in a court of competent jurisdiction for damages that your breach of the Terms may have caused.
11. Use of Cookies
We and our systems and software may use cookies as permitted under the laws of Switzerland to track information related to your use of our systems or to provide an enhanced user experience.
12. Proprietary Rights
You understand and agree that any legal right, title and interest in our systems and services, including any rights related to intellectual property are solely owned by us. If within your use of our systems and services you may become aware of confidential information and data, you agree not to disclose such information and data without our prior knowledge and written consent.
Further, you acknowledge that nothing in these Terms gives you the right to use our trade name, trademarks, logos and any other service marks, name or brand feature, unless otherwise agreed in writing.
13. Systems and Updates
As part of your use of our systems and services, you agree to receive updates and new versions, which may be available from time to time. They are meant to improve and develop our systems and services and may take any form we may choose including termination of any functions we choose entirely at our discretion.
14. Our Relationship
This Agreement does not create any relationship of agent and principal, partners, joint venturers, employer and employee, fiduciary or similar relationship between the parties.
15. End of Relationship
If you wish to terminate your relationship with us, you may inform us at any time logging into your account and submitting a support ticket. This act may terminate your account. You will remain liable for any outstanding fees you owe us. We will pay you any monies that we owe you on the normal due date or dates after the termination of your account unless such termination is as a result of a dispute arising between us in which case we may defer payment until the resolution of such dispute.
You agree and understand that we may terminate our relationship with you at any time. In particular, if you do not comply with the provisions of the Terms, if we deem that providing our systems and services is no longer commercially viable, or if, for any reason, the relationship has become unlawful. This act may terminate your account. You will remain liable for any outstanding fees you owe us. We will pay you any monies that we owe you on the normal due date or dates after the termination of your account unless such termination is as a result of a dispute arising between us in which case we may defer payment until the resolution of such dispute.
You understand and agree that in the event of the termination of your account, we will maintain a record of this termination including information relating to your domains that you entered within your account and these domains will not be permitted to be added to other accounts, if they were previously activated within your account as displayed in your account.
16. Disclaimer of Warranties
You understand and agree all information, services, software and products are put at your disposal “as is” and “as available” for your use. Our systems and all our services are provided without any kind of warranties.
You understand that we do not warrant that using our systems and services will meet your requirements, that they will always be uninterrupted, timely, secure or free of errors or viruses. We do not warrant that any defects that might occur when using our systems and services will be corrected. You use our systems and services at your own discretion and risk and we shall not be liable for any damage or loss to your systems or devices or business. Further we do not guarantee that our systems and services are accessible at any particular time or location.
17. Limitation of Liability
You understand and agree, except as provided under the law in the case of death or personal injury, that under no circumstances, we shall be liable for any direct, indirect, punitive, incidental, consequential damages or any other damage whatsoever arising from the use of or the inability to use our systems and services. This limitation includes any basis whatsoever, such as but not limited to contracts, tort, negligence or strict liability even if we might have been informed of the possibility of such damage.
You agree that even if we are held liable by a court of competent jurisdiction, under no cirumstances except as provided under the law in the case of death or personal injury, will any payment to you shall exceed the monies that you have paid us for our systems and services.
18. Assignment
We reserve the right to assign or transfer any or all of our rights and obligations described under this Agreement without your consent and without notice to you. You may not assign this Agreement or any of your rights and duties hereunder without our prior written consent.
19. Jurisdiction
You expressly agree and understand that the exclusive jurisdiction for any legal problem, claim or conflict relating to these Terms and/or your use of our systems and services shall be exercised by the courts of Switzerland.
20. Severability
You agree that these Terms shall have precedence over all prior or current oral, written or electronic communications of any sort between you and us in relation to your use of our systems and services. If any part or portion of these Terms might be considered invalid or unenforceable, that part or portion shall be understood as being in line with applicable laws, thus reflecting as nearly as possible the original intentions of the parties. All other parts and portions shall stay in force and deploy their effects.