PLEASE NOTE: IF YOU CREATED A TYPEPAD ACCOUNT ON OR AFTER MAY 12, 2009 WHICH WAS SUBSEQUENTLY UPGRADED TO TYPEPAD BUSINESS CLASS SERVICE, THEN SECTIONS 25 - 29 OF THE TYPEPAD TERMS OF SERVICE ALSO APPLY TO YOU AND TO YOUR TYPEPAD BUSINESS CLASS ACCOUNT. SECTIONS 25 - 29 DO NOT APPLY TO ANY TYPEPAD BUSINESS CLASS ACCOUNT CREATED OR UPGRADED PRIOR TO MAY 12, 2009 OR TO ANY TYPEPAD ACCOUNT THAT HAS NOT BEEN UPGRADED TO TYPEPAD BUSINESS CLASS SERVICE.
ACCEPTANCE OF TERMS
Welcome to Six Apart's TypePad service (the "Service"). Whether you are an account holder having a Blog Site on one of Six Apart's web services, including on or within the URL typepad.com (an "Account Holder"), or a guest invited by an Account Holder (a "Guest") to post comments or author content on the Account Holders Blog Site, your use of the Service is subject to these Terms of Service ("TOS"). Six Apart reserves the right to update and change the TOS from time to time without notice or acceptance by you. The TOS will also be applicable to the use of the Service on a trial basis. By using the Service, you signify your irrevocable acceptance of this TOS.
DESCRIPTION OF SERVICE
Six Apart provides each Account Holder with a web site on Six Apart's Internet Property (a Blog Site). Each Blog Site has a limited disc space based on the type of account purchased. The Service also includes tools that enable Account Holders and their Guests to make up a weblog and/or photo album (posts, comments, blogroll etc). The type and number of tools you may use depend on the type of account you have and your status as an Account Holder or a Guest. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Six Apart tools and resources, shall be subject to the TOS. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Six Apart to provide the Service. You also understand and agree that the service may include certain communications from Six Apart, such as service announcements, administrative messages and the Six Apart Newsletter, and that these communications are considered part of Six Apart membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Six Apart properties, shall be subject to the TOS. You agree not to access the Service by any means other than through the interfaces that are provided by Six Apart for use in accessing the Service.
In order to use the Service, you must have a valid Six Apart ID. To be an Account Holder with your own Blog Site, you must provide Six Apart with a credit card, billing and shipping information and other information ("Registration Data"). Accounts Holder will choose a password and account designation for your Blog Site during the Service's registration process. If you are using the Service as a Guest, you must also go through the registration process and provide the registration data requested. 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 Six Apart 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. Six Apart cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3. In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Six Apart has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Six Apart has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). If you register to use the Service on a free-trial basis, you will also have to go through the registration process, including entering in your credit card. On the 14th day of the trial, if you have not cancelled the trial, the account will be automatically converted to a paid account and you will be billed for the Service. Users under 13 years of age are required to have a parent or guardian review and complete the registration process.
The credit card that Account Holders provide as part of the Registration Data will be automatically and immediately billed. All currency references are in U.S. dollars. Please note, unless Six Apart gives notice to the contrary, payment for the Service is billed on a monthly or annually basis (as selected by the Accounts Holder) and is non-refundable.
UPGRADES AND DOWNGRADES
You will have the ability to upgrade or downgrade the Service at any time during the term. Such upgrade or downgrade will take effect immediately. For any upgrade in package level, the credit card that you provided as part of your Registration Data will automatically be charged a pro-rata amount for the higher level Service. For any downgrade in package level, your account for the Service will be credited a pro-rata amount for the lower level Service, to be redeemed automatically in future billing periods. However, there will be no refunds or credits for partial months of service. The expiration/renewal date of Service will not change. Fees may not be credited towards other Services. All currency references are in U.S. dollars. Please note that downgrading your Service may cause the loss of content and/or features of your Blog Site, and Six Apart does not accept any liability for such loss.
CANCELLATION AND TERMINATION
If you cancel the Service before the end of the term, your cancellation will take effect immediately. After cancellation, you will no longer have access to your website and all information contained therein may be deleted by Six Apart. Six Apart accepts no liability for such deleted information or content. If you are a Guest, the Account Holder who invites you may request Six Apart to, and Six Apart may, terminate your Service at any time and for any reason. If your credit card is invalid for any reason, the Service may be cancelled and all the information contained within deleted permanently. Six Apart accepts no liability for information that is deleted due to an invalid credit card.
You agree Six Apart, in its sole discretion, may terminate your password, and/or account, and remove and discard any Content within the Service (including, but not limited to your Blog Site if you are an Account Holder), for any reason, including and without limitation, the lack of use, or if Six Apart believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted Blog Site (as applicable) and all its parts, at Six Apart's discretion, will be terminated as well. Six Apart may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Six Apart may immediately deactivate or delete your Blog Site, as applicable, and all related information and files. Six Apart reserves the right to bar any further access to such files or the Service. You agree that Six Apart shall not be liable to you or any third-party for any termination of your access to the Service. Paid accounts that are terminated will not be refunded.
OWNERSHIP OF WEBSITE ACCOUNT AND SECURITY
You are responsible for maintaining the security of your account and Blog Site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Blog Site, including those of your Guests. You agree to immediately notify Six Apart of any unauthorized uses of the account or any other breaches of security. Six Apart cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Six Apart be liable, in any way, for any acts or omissions by an Account Holder or a Guest, including any damages of any kind incurred as a result of such acts or omissions.
CONTENT AND CONDUCT RULES AND OBLIGATIONS
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not Six Apart, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. Six Apart does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Six Apart be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that Six Apart does not pre-screen Content, but that Six Apart and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Six Apart and its designees shall have the right to remove any Content that violates the TOS 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. In this regard, you acknowledge that you may not rely on any Content created by Six Apart or submitted to Six Apart. You acknowledge and agree that Six Apart may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Six Apart, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in Six Apart's sole discretion as to what action should be taken.
You agree that you will not:
(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a Six Apart official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(e) upload, post or otherwise transmit any Content that you do not have a right to transmit 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);
(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
(g) upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (a) sending mass email to recipients who haven't requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;
(h) upload, post or otherwise transmit any 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;
(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(j) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(k) "stalk" or otherwise harass another;
(l) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
(m) offer for sale or sell any item, good or service that (a) violates any applicable federal, state, or local law or regulation, (b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (c) Six Apart determines, in its sole discretion, is inappropriate for sale through the Service provided by Six Apart;
(n) use the Service as a forwarding service to another website;
(o) exceed the scope of the Service that you have signed up for; for example, accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other peoples comments or content as a Guest. If any user is reported to be in violation with the letter or spirit of these terms, Six Apart retains the right to terminate such account at any time without further warning.
With respect to any additional software that may be made available by Six Apart in connection with the Service, if you elect to download or access such additional software, you understand that you may have to agree to additional terms and conditions before you use such software.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Six Apart does not claim ownership of the Content you place on your Six Apart Blog Site. By submitting Content to Six Apart for inclusion on your Six Apart Blog Site, you grant Six Apart a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Blog Site on Six Apart's Internet properties. This license exists only for as long as you continue to be a Six Apart customer and shall be terminated at the time your Blog Site is terminated.
You acknowledge that Six Apart does not pre-screen Content, but that Six Apart and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Six Apart and its designees shall have the right to remove any Content that violates the TOS 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.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Six Apart shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. You may also place advertisements on your Blog Site if and when Six Apart makes this feature generally available as part of the Service. Your advertisement placement will be subject to additional terms.
From time to time, you will be able to earn revenue on your Blog Site through various commerce programs provided by Six Apart from time to time (the "Commerce Services"). These Commerce Services are, and will at all times be, subject to this TOS, and the following additional terms and conditions. By utilizing the Commerce Services, you agree to be bound by and subject to these terms and conditions, and agree that references to the Service in this TOS include specifically the Commerce Services provided by Six Apart from time to time.
By using the Commerce Services, you appoint Six Apart as your exclusive agent to handle all Commerce Service transactions. You understand and agree that Six Apart may, but will not be obligated to, offer the Commerce Services at different levels of the TypePad service to which you subscribe (i.e., Basic, Plus, or Pro), in its sole discretion, and therefore, you may not have the ability to utilize the Commerce Services. You also acknowledge that Six Apart may, as a result of guidelines set forth by third parties, or otherwise, deny you the ability to use the Commerce Services. You further understand and agree that Six Apart will charge you a fee for providing the Commerce Services, which may include, or be in addition to, any fees charged by any third party to Six Apart, and which may change from time to time, in each case at Six Apart's sole discretion. Finally, you acknowledge that Six Apart may, at any time and in its sole discretion, cease offering the Commerce Services, with or without notice to you.
Any revenues generated from the use of the Commerce Services on your Blog Site (less, and not including, the fees charged by Six Apart or any third party) (the "Earnings") will be reported to your TypePad Earnings Account. You understand and agree that (a) Six Apart may adjust, both up or down, any reported Earnings balances as may be necessary or required to reflect payment adjustments implemented, failures to pay, or other reasons caused, by third parties, and (b) the reports of Earnings set forth in your TypePad Earnings Account will include such information as will be determined by Six Apart from time to time in its sole discretion, and will be conclusive, final, and binding on you, will constitute an account stated, and will not be subject to any question or dispute by you for any reason whatsoever.
YOUR USE OF REPORTED EARNINGS
LOSS OF REPORTED EARNINGS
There are several ways in which you may lose your ability to access, use, or withdraw your reported Earnings, including, without limitation, the following:
(a) If you in any way violate or otherwise breach this TOS and/or the TOU;
(b) If you engage in any activity intended to, or the result of which could or would, defraud Six Apart or any third party, including, without limitation, with respect to any advertising activity arising on your Blog Site, taking any action to inflate or otherwise manipulate traffic or click-through counts from your Blog Site to participating advertisers or merchants through the use of any manual or automating device, program, robot or other automated means, or otherwise permitting or allowing any third party to conduct the foregoing, including via repeated manual clicks. You understand and agree that repeating clicks produced manually or automated clicks produced by robots, programs, or other artificial automated devices or means that do not represent, or based upon evidence available to Six Apart, do not appear to represent, an actual individual live web user conducting a bona-fide click-through transaction will not generate Earnings;
(c) If your account is suspended for not making a required membership subscription payment;
(d) If you downgrade your account to a service level that does not support and/or offer Commerce Services, i.e., to a Basic service account, and fail to make use of your earnings prior to downgrading;
(e) If you prepay your account using your reported Earnings (i.e., you buy a one-year membership using your Earnings) but then determine to cancel the account. In other words, the amount of reported Earnings used to prepay your account is not refundable;
(f) If Six Apart ceases providing the Commerce Services in its sole discretion and you fail to utilize or otherwise withdraw your reported Earnings in the time period permitted by Six Apart.
BY USING THE COMMERCE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT SIX APART SHALL NOT BE RESPONSIBLE FOR, AND SHALL NOT BE OBLIGATED IN ANY MANNER TO REPAY YOU FOR, ANY LOST EARNINGS.
SIX APART'S USE OF REPORTED EARNINGS
You understand that Six Apart will be holding reported Earnings on your behalf in accordance with this TOS, and acknowledge and agree that Six Apart may, in its sole and absolute discretion, hold such reported Earnings in any manner it deems appropriate, including, without limitation, in an interest-bearing or non-interest-bearing bank or other financial account, and you shall not be entitled to receive, and shall not be credited with, any interest or other earnings received by Six Apart therefrom.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Six Apart has no control over such sites and resources, you acknowledge and agree that Six Apart is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Six Apart shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You agree to indemnify and hold Six Apart, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your Guests activities, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.
RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by Six Apart.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Six Apart may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time.
MODIFICATIONS TO SERVICE
Six Apart reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Six Apart shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
SIX APART'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Six Apart or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SIX APART EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) SIX APART WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, SIX APART IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. SIX APART DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SIX APART SHALL NOT BE LIABLE FOR ANY DIRECT, 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 SIX APART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
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 18 AND 19 MAY NOT APPLY TO YOU.
U.S. GOVERNMENT RESTRICTED RIGHTS
The materials on the Service are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of Six Apart's proprietary rights in them.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. The TOS and the relationship between you and Six Apart shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Six Apart agree to submit to the personal and exclusive jurisdiction of the courts located within San Francisco, California. The failure of Six Apart to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and Six Apart and govern your use of the Service, superseding any prior agreements between you and Six Apart (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Six Apart services, third-party content or third-party software. If any provision of the TOS or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor 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. 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 Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our Content Violation Reporting Form.
ADDITIONAL TERMS AND CONDITIONS THAT APPLY TO CERTAIN TYPEPAD BUSINESS CLASS ACCOUNT HOLDERS AND ACCOUNTS
In addition to Sections 1 - 24 of the TypePad Terms of Service, Sections 25 - 29 of the TypePad Terms of Service apply to you and to your TypePad Business Class account if you created a TypePad account on or after May 12, 2009 which was subsequently upgraded to TypePad Business Class Service.
PROFESSIONAL SERVICES FOR TYPEPAD BUSINESS CLASS BLOGS
Six Apart may offer certain professional services (such as design and customization services) for TypePad Business Class Blogs (collectively, the "Professional Services"). You acknowledge that such Professional Services are not included in TypePad Business Class Service and are not required for you to subscribe to or make use of TypePad Business Class Service.
Six Apart will perform the Professional Services described in each Statement of Work in a competent and professional manner and will use its reasonable commercial efforts to cause the Professional Services to be completed according to the schedule set forth in the Statement of Work.
You will provide all assistance and cooperation reasonably necessary to permit Six Apart to timely and efficiently provide the Professional Services. You acknowledge that Six Apart will not be in breach of any Statement of Work if Six Apart's failure to provide the Professional Services is caused by your failure to provide the necessary assistance and cooperation.
Upon payment in full of all of Six Apart's invoiced fees for the Professional Services, you will have a worldwide, royalty-free, non-exclusive, non-transferable right and license to use the deliverables specified in the corresponding Statement of Work (the "Deliverables") solely in connection with your TypePad Business Class Blog(s). You will not rent, sell, assign, lease, sublicense or otherwise transfer any Deliverables.
Six Apart owns all right, title and interest in and to the Deliverables. Six Apart reserves all rights to the Deliverables that are not expressly granted to you herein. Nothing herein will be construed as granting you any property rights in the Deliverables, or to any invention or any patent, copyright, trademark, or other intellectual property right that has been issued, or that may issue, based on the Deliverables. The Deliverables are licensed hereby, not sold.
REGISTRATION FOR TYPEPAD BUSINESS CLASS ACCOUNTS
The next-to-last sentence of Section 3 of the TypePad Terms of Service ("On the 30th day of the trial, if you have not cancelled the trial, the account will be automatically converted to a paid account and you will be billed for the Service.") does not apply to you or to your TypePad Business Class account.
After the 14th day of the trial, if you have not cancelled the trial or upgraded the account to TypePad Business Class Service, the account will be automatically converted to a paid account at the level at which you registered for the Service and you will be billed for the Service.
PAYMENTS FOR TYPEPAD BUSINESS CLASS SERVICE
Section 4.1 and Section 4.2 of the TypePad Terms of Service do not apply to you or to your TypePad Business Class account.
If you subscribe to TypePad Business Class Service on an annual basis, your payment of the Service Fee for the initial annual term is due on the Effective Date specified in your TypePad Business Class upgrade form. Payment of the Service Fee for each annual term thereafter is due in advance on the first day of each such annual term. Six Apart will invoice you for such Service Fees and you will pay each such invoice within thirty (30) days of its date.
If you subscribe to TypePad Business Class Service on a monthly basis, your payment of the Service Fee for the initial monthly term is due on the Effective Date specified in your TypePad Business Class upgrade form. Payment of the Service Fee for each monthly term thereafter is due in advance on the first day of each such monthly term. The Service Fee will be paid to Six Apart via a credit or debit card. Six Apart will not initiate your TypePad Business Class Service monthly subscription until Six Apart receives payment of the Service Fee for the initial monthly term in full.
Six Apart reserves the right to audit and determine, in its sole discretion, whether the actual number of your TypePad Business Class Blogs is in excess of the number of Blogs specified in your TypePad Business Class upgrade form. Six Apart's audit will be conclusive for the purposes of this determination. If Six Apart determines that the actual number of your TypePad Business Class Blogs is in excess of the number of Blogs specified in your TypePad Business Class upgrade form, then:
If you subscribe to TypePad Business Class Service on an annual basis, Six Apart may, in its sole discretion, (a) terminate your TypePad Business Class account upon written notice to you or (b) invoice you the incremental Service Fee applicable to the actual number of your TypePad Business Class Blogs, retroactive to the date of creation of each such new Blog and through and including the end of the then-current annual term. You will pay such invoice within thirty (30) days of its date. Your TypePad Business Class account and annual Service Fee will be deemed amended effective on the date of Six Apart's invoice to reflect the actual number of your TypePad Business Class Blogs.
If you subscribe to TypePad Business Class Service on a monthly basis, Six Apart may, in its sole discretion, (a) terminate your TypePad Business Class account upon written notice to you or (b) provide you with an amended credit or debit card payment authorization agreement for (b)(i) the incremental Service Fee applicable to the actual number of your TypePad Business Class Blogs, retroactive to the date of creation of each such new Blog and through and including the end of the then-current monthly term and (b)(ii) the new Service Fee reflecting the actual number of your TypePad Business Class Blogs on a going-forward basis after the end of the then-current monthly term. You will execute and return such payment authorization agreement within fifteen (15) days of its date. Your TypePad Business Class account and monthly Service Fee will be deemed amended effective on the date of the payment authorization agreement to reflect the actual number of your TypePad Business Class Blogs.
If your account exceeds the maximum bandwidth/Blog/month specified in your TypePad Business Class upgrade form, Six Apart will invoice you the "Overage Fees" specified in your TypePad Business Class upgrade form and you will pay each such invoice within thirty (30) days of its date.
Six Apart will invoice you for any Professional Services fees on a monthly basis and you will pay each such invoice no later than thirty (30) days after receipt.
In addition to any other remedies available to Six Apart, you will pay a late fee of one and one-half percent (1.5%) per month (or the maximum amount permitted by law, whichever is less) for any late payments hereunder.
As between you and Six Apart, you will, in addition to the other amounts payable to Six Apart, pay all sales and excise taxes and other taxes, federal, state, or otherwise, as well as customs duties where applicable, however designated, which are levied or imposed by reason of any transaction pursuant to this TypePad Terms of Service, other than those taxes based on the income of Six Apart. You will pay to Six Apart an amount equal to any such taxes or duties actually paid, or required to be collected or paid, by Six Apart.
TERM AND TERMINATION OF TYPEPAD BUSINESS CLASS SERVICE SUBSCRIPTIONS
The first sentence of Section 4.3 of the TypePad Terms of Service ("If you cancel the Service before the end of the term, your cancellation will take effect immediately.") does not apply to your TypePad Business Class Service subscription.
If you subscribe to TypePad Business Class Service on an annual basis, your subscription will commence on the Effective Date specified in your TypePad Business Class upgrade form and will remain in full force and effect for an initial term of one (1) year, after which it will automatically renew for subsequent terms of one (1) year each unless terminated earlier by you or by Six Apart. You may terminate your TypePad Business Class Service annual subscription only at the end of a full annual term, by giving Six Apart at least thirty (30) days advance written notice of such termination.
If you subscribe to TypePad Business Class Service on a monthly basis, your subscription will commence on the Effective Date specified in your TypePad Business Class upgrade form and will remain in full force and effect for an initial term of one (1) month, after which it will automatically renew for subsequent terms of one (1) month each unless terminated earlier by you or by Six Apart. You may terminate your TypePad Business Class Service monthly subscription only at the end of a full monthly term, by giving Six Apart at least fifteen (15) days advance written notice of such termination.
Last updated May 11, 2009
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