Last Updated: March 26, 2013
Part I – General Provisions
Agreement Between User and Some Techie, LLC
Some Techie, LLC (“Some Techie”) offers various products and services (“Services”) conditioned on Your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”, or “Agreement”). In these Terms, “You” and “Your” shall refer to Yourself as the customer and Your agents, including each person listed in Your account information as being associated with Your account, while “we”, “us” and “our” refer collectively to Some Techie. The “Site” refers to any sometechie.com website and any content or Services provided therein. Your use of the Site constitutes Your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for Your reference.
Visiting sometechie.com or sending emails to Some Techie constitutes electronic communications. You consent to receive electronic communications and You agree that all agreements, notices, disclosures and other communications that we provide to You electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use the Site, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. You may not assign or otherwise transfer Your account to any other person or entity. You acknowledge that Some Techie is not responsible for third party access to Your account that results from theft or misappropriation of Your account. Some Techie and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Some Techie does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If You are under 18, You may use the Site only with permission of a parent or guardian.
Links to Third-Party Sites/Third-Party Services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Some Techie and Some Techie is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Some Techie is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Some Techie of the site or any association with its operators.
Certain services made available by Some Techie are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, You hereby acknowledge and consent that Some Techie may share such information and data with any third party with whom Some Techie has a contractual relationship to provide the requested product, service or functionality on behalf of our users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Some Techie or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any Services or any of the content, in whole or in part, found on the Site. Some Techie content is not for resale without written agreement between You and Some Techie. Your use of the Site does not entitle You to make any unauthorized use of any protected content, and in particular You will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for Your personal use, and will make no other use of the content without the express written permission of Some Techie and the copyright owner. You agree that You do not acquire any ownership rights in any protected content. We do not grant You any licenses, express or implied, to the intellectual property of Some Techie or our licensors except as expressly authorized by these Terms or by written agreement between You and Some Techie. By purchasing, downloading, installing, or otherwise using the software made available by Some Techie through this Site You agree to be bound by any applicable License Agreements.
Morally Objectionable Activities Prohibited
“Morally Objectionable Activities” include, but are not limited to, the transmission of unsolicited mail or “spam”; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities that promote unlawful behavior, such as hate crimes, terrorism, or child pornography; activities that are designed to or that effectively defame, slander, harass, embarrass, threaten, abuse, or harm third parties; activities that impersonate the identity of any third parties; activities that are harmful to minors in any way; activities that constitute fraud or that have a fraudulent purpose; activities that are designed to or that effectively infringe upon the copyright, trademark, trade secret, or other intellectual property rights of a third party; and activities that constitute or promote obscenity, profanity, indecency, tortuous behavior, racism, bigotry, hatred, vulgarity, harassment, invasion of privacy or publicity rights of a third party, or physical harm of any kind against any group or individual; or any other objectionable material or activity of any kind or nature as Some Techie in its sole discretion may determine.
You agree that Some Techie, in its sole discretion and without liability to You for any resulting loss or damages, may delete, suspend, cancel, terminate, or otherwise interrupt any and all Services You may purchase through Some Techie, or Your customer account with Some Techie, at any time during the term of this Agreement, if such account or Services are used in association with Morally Objectionable Activities.
You agree that any use of Your account with Some Techie, whether or not on Your behalf and whether or not with Your permission, in association with any Morally Objectionable Activities shall constitute a material breach of these Terms. In the event that Some Techie deletes, suspends, cancels, terminates, or otherwise interrupts any Service to You or Your customer account for use in association with Morally Objectionable Activities, any and all fees paid to Some Techie shall be non-refundable and ineligible for account credit.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable You to communicate with the public at large or with a group (collectively, “Communication Services”), You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, You agree that when using a Communication Service, You will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless You own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that You know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Some Techie has no obligation to monitor the Communication Services. However, Some Techie reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Some Techie reserves the right to terminate Your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Some Techie reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Some Techie’s sole discretion.
Always use caution when giving out any personally identifying information about You or Your children in any Communication Service. Some Techie does not control or endorse the content, messages or information found in any Communication Service and, therefore, Some Techie specifically disclaims any liability with regard to the Communication Services and any actions resulting from Your participation in any Communication Service. Managers and hosts are not authorized Some Techie spokespersons, and their views do not necessarily reflect those of Some Techie.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if You upload the materials.
Materials Provided to Some Techie or Posted on Any Some Techie Web Page
Some Techie does not claim ownership of the materials You provide to us (including feedback and suggestions) or post, upload, input or submit to any Some Techie Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting Your Submission You are granting Some Techie, our affiliated companies and necessary sublicensees permission to use Your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Submission; and to publish Your name in connection with Your Submission.
No compensation will be paid with respect to the use of Your Submission, as provided herein. Some Techie is under no obligation to post or use any Submission You may provide and may remove any Submission at any time in Some Techie’s sole discretion.
By posting, uploading, inputting, providing or submitting Your Submission You warrant and represent that You own or otherwise control all of the rights to Your Submission as described in this section including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You may be able to connect Your Some Techie account to third party accounts. By connecting Your Some Techie account to any third party account, You acknowledge and agree that You are consenting to the continuous release of information about You to others (in accordance with Your privacy settings on those third party sites). If You do not want information about You to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Some Techie from our offices within the USA. If You access the Service from a location outside the USA, You are responsible for compliance with all local laws. You agree that You will not use the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Part II – Additional Terms For Customers of Website Services
The following additional terms and conditions contained in this Part of the Agreement apply if You request and/or utilize Some Techie’s Services to develop and/or host a website (“Website Services”).
Utilization of Third-Party Services
Your use of Website Services may depend on other services provided by third parties (“Third-Party Services”) which have their own terms and conditions (“Third-Party Terms”). By using Website Services, You authorize Some Techie to utilize and/or purchase Third-Party Services on Your behalf, and You agree to abide by the Third-Party Terms, including, but not limited to, the following documents incorporated herein by reference:
- Your use of a domain name is subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”).
- You agree to the Registrant Benefits and Responsibilities located at https://www.icann.org/en/resources/registrars/registrant-rights/benefits.
- You agree to provide to Some Techie within three (3) days, Your updated, complete, and accurate personal information in accordance with ICANN requirements and these Terms.
- Your use of a domain name is subject to the Dynadot Service Agreement, located at https://www.dynadot.com/registration_agreement.html.
Returned Check and Other Bank Charges
In the event any payment offered by You to Some Techie for any amount due under these Terms is returned for lack of sufficient funds, a “stop payment,” or any other reason, You agree to pay Some Techie a returned check service charge of up to $30 plus any fee charged to Some Techie by a bank or financial institution as a result of the payment not being honored or the maximum amount allowable by law.
You agree that You will not submit to Some Techie for payment for any amount due under these Terms any check that:
- is not payable to Some Techie;
- is prohibited by, or received in violation of, any law, rule or regulation;
- you know or suspect (or should know or suspect) is fraudulent or otherwise not authorized by the owner of the bank account on which the check is drawn;
- has been previously cashed or deposited;
- is postdated or more than 3 months old;
- is payable to cash;
- is a U.S. Savings Bond, money order, cashier’s check, or travelers check;
- is irregular in any way (such as bearing different numerical and written amounts or a nonexistent date);
- does not bear the signature and the current, valid name and address of the person on whose account the check is drawn; or
- is drawn on a financial institution that is located outside of the United States.
Part 3 – Additional General Provisions
You agree to indemnify, defend and hold harmless Some Techie, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of Your use of or inability to use the Site or services, any user postings made by You, Your violation of any terms of this Agreement or Your violation of any rights of a third party, or Your violation of any applicable laws, rules or regulations. Some Techie reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Some Techie in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SOME TECHIE, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
SOME TECHIE, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SOME TECHIE, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
The section headings in these Terms are for the purpose of convenience only, and are not intended to and in no way define, describe, limit, expand, or construe the scope of any provision or its applicability.
No waiver of any provision of these Terms shall be effective unless it is in writing from Some Techie or an authorized representative thereof. Waiver of any one provision of these Terms by Some Techie shall not constitute a waiver of any other provision of these Terms, and shall not affect our right to require performance, enforce, or seek all legally available remedies for breach of any other provision of these Terms.
If any provision of these Terms is held by any court of competent jurisdiction to be invalid or otherwise unenforceable, the rest of these Terms shall, nevertheless, continue to be valid and in full force and effect, to the extent said remaining Terms are then otherwise consistent with the original intent of the Terms of Service.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be written in English.
Some Techie reserves the right, in its sole discretion, to terminate Your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Georgia and You hereby consent to the exclusive jurisdiction and venue of courts in Georgia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between You and Some Techie as a result of these Terms or use of the Site. Some Techie’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Some Techie’s right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Site or information provided to or gathered by Some Techie with respect to such use.
Changes to Terms
You agree that, during the term of this Agreement, Some Techie may (1) revise the terms and conditions of this Agreement from time to time; and/or, (2) change the services it provides under this Agreement at any time. You agree to be bound by any such changes and revisions when such changes become effective. Any such changes or revisions shall become binding and effective thirty (30) days after posting of the revised Agreement on our web site or change to the services on our web site, or upon notification to You by email or United States mail. You agree to periodically review our web site to make Yourself aware of any such revisions or changes. If You do not agree with any revision or change to this Agreement, You may terminate this Agreement at any time by providing us with written notice, and You agree that any fees paid by You to Some Techie are non-refundable and ineligible for credit.