We (the folks at ThatWebsiteGuy.net) run a web site hosting service and would love for you to use it. Our service is designed to give you as much control over what goes on your site as possible. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your site or get linked to from your site (things like spam, viruses, or hate content).
If you find a thatwebsiteguy.net site that you believe violates our terms of service, please visit our contact page and let us know.
Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by That Website Guy, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
- Your thatwebsiteguy.net Account and Site. If you create a website on the platform, you are responsible for maintaining the security of your account and website, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You must not describe or assign keywords to your website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and That Website Guy may change or remove any description, page, media item, or keyword that it considers inappropriate or unlawful, or otherwise likely to cause That Website Guy liability. You must immediately notify That Website Guy of any unauthorised uses of your website, your account or any other breaches of security. That Website Guy will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a website, comment on a website, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, 'Content'), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, adware, spyware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- your website is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs, forums, and web sites, and similar unsolicited promotional methods;
- your website is not named in a manner that misleads your customers into thinking that you are another person or company. For example, your website's URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorised and/or described the type, nature, uses and effects of the materials, whether requested to do so by That Website Guy or otherwise.
By submitting Content to That Website Guy for inclusion on your Website, you grant That Website Guy 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 website and the Platform. If you delete Content, That Website Guy will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, That Website Guy has the right (though not the obligation) to, in That Website Guy's sole discretion (i) refuse or remove any content that, in That Website Guy's reasonable opinion, violates any That Website Guy policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in That Website Guy's sole discretion. That Website Guy will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms. Paid services such as Account Levels (Basic, Pro, Ultimate Plans) are available on the Website (any such services, an "Upgrade" on the free trial). By selecting an Upgrade you agree to pay That Website Guy the monthly, quarterly, or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly, quarterly, or annual subscription period as indicated. Upgrade fees are not refundable.
- Automatic Renewal. Unless you notify That Website Guy before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription may automatically renew and you authorise us to collect the then-applicable annual, quarterly, or monthly subscription fee for such Upgrade. Upgrades can be cancelled at any time in your account dashboard.
- Responsibility of Website Visitors. That Website Guy has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, That Website Guy does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. That Website Guy disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which thatwebsiteguy.net links, and that link to thatwebsiteguy.net. That Website Guy does not have any control over those non-hosted (not hosted by That Website Guy) websites and webpages, and is not responsible for their contents or their use. By linking to a non-hosted website or webpage, That Website Guy does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. That Website Guy disclaims any responsibility for any harm resulting from your use of non-hosted websites and webpages.
- Copyright Infringement and DMCA Policy. As That Website Guy asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by thatwebsiteguy.net or any website hosted by thatwebsiteguy.net violates your copyright, you are encouraged to notify That Website Guy. That Website Guy will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. That Website Guy will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of That Website Guy or others. In the case of such termination, That Website Guy will have no obligation to provide a refund of any amounts previously paid to That Website Guy.
- Intellectual Property. This Agreement does not transfer from That Website Guy to you any That Website Guy or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with That Website Guy. That Website Guy, That-Website-Guy.com, thatwebsiteguy.net, the That Website Guy logo, and all other graphics and logos used in connection with That Website Guy, or the Website are Copyrighted. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of That Website Guy or other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any That Website Guy or third-party trademarks.
- Advertisements. That Website Guy reserves the right to display advertisements on websites hosted by That Website Guy which have not paid their subscription fees. These advertisements will be removed after receipt of full payment.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration Rights and Responsibilities.
- Changes. That Website Guy reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. That Website Guy may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. That Website Guy may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your thatwebsiteguy.net account (if you have one), you may simply discontinue using the Website and cancel all current paid subscriptions. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided "as is". That Website Guy and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither That Website Guy nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will That Website Guy, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to That Website Guy under this agreement during the twelve (12) month period prior to the cause of action. That Website Guy shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless That Website Guy, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between That Website Guy and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of That Website Guy, or by the posting by That Website Guy of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; That Website Guy may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.