cmScribe Terms of Service

Account Terms

1. You must be 13 years or older to use this Service.
2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the registration process.
4. Your login may only be used by one person – a single login shared by multiple people is not permitted.
5. You are responsible for maintaining the security of your account and password. NetReach cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
6. You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have websites under your account).
7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Service Terms of Use

1. NetReach grants to you, and you accept, a limited, non-exclusive and revocable license to use the Service on a month-to-month basis, in machine-readable form only.
2. Each instance of the Service is licensed to be installed and used by only one domain name. A valid license must be purchased for each domain for which the Service is used.
3. You may not copy or make any changes or modifications to the Service, and you may not translate, decompile, disassemble, or otherwise reverse engineer the computer program(s). You may not lend, rent, lease or sublicense the Service or any copy to others for any purpose. You agree to use all reasonable efforts to protect the Service from unauthorized use, modification, reproduction, distribution or publication. You are not permitted to make any uses or copies of the Service that are not specifically authorized by the terms of this agreement, and NetReach reserves all rights that are not expressly granted to you.
4. You expressly understand and agree that NetReach 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 NetReach has been advised of the possibility of such damages), resulting from your use of the Service or third-party products that access data via an API with the Service.
5. Abuse or excessively frequent requests to the Service may result in the temporary or permanent suspension of your account's access to the Service. NetReach, in its sole discretion, will determine abuse or excessive usage of the Service. NetReach will make a reasonable attempt via email to warn the account owner prior to suspension.
6. NetReach reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the Service (or any part thereof) with or without notice.

Payment, Refunds, Upgrading and Downgrading Terms

1. A valid credit card is required for all accounts.
2. If you sign up for a Basic, Premium, or Commerce plan account, and you don't cancel that account within 30 days, your credit card on file will be charged, and continue to be charged on a monthly basis thereafter. If you cancel prior to the processing of your first invoice on the 30th day, you will not be charged.
3. The Commerce plan starts at a fee published on the cmScribe.com website. Additional monthly Service fees depending on your particular commerce requirements may be charged. These will be determined on a case-by-case basis and NetReach will inform you prior to processing any fees.
4. The Commerce plan does not include purchase or installation of a SSL certificate, the plan does not include a merchant account and there may be an additional one-time set-up fee for these or other Commerce provisions, depending on your particular commerce requirements.
5. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of Service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
6. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
7. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
8. Downgrading your Service may cause the loss of content, features, or capacity of your Account. NetReach does not accept any liability for such loss.

Cancellation and Termination

1. You are solely responsible for properly canceling your account or specific websites installations under your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account or specific websites installations under your account at any time by logging into your Account. The Account screen provides a simple, “no questions asked,” cancellation link.
2. Your account or specific websites under your account and related content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
4. Netreach, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other NetReach service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. NetReach reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

1. NetReach 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.
2. Prices of all Services, including but not limited to monthly plan fees, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the cmScribe Site (cmscribe.com).
3. NetReach shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

1. All websites and their content posted on the Service must comply with U.S. copyright law.
2. We claim no intellectual property rights over the material you provide to the Service. Your materials remain yours.
3. NetReach does not pre-screen content, but NetReach and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
4. The look and feel of the Service is copyright©2010 NetReach, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from NetReach. Furthermore, all source code is the intellectual property of NetReach. This agreement does not convey to you any ownership rights or any other interest in the Service.

General Conditions

1. Your use of the Service is at your sole risk. Due to the complex, dynamic and unpredictable nature of computer systems, server and browser technologies, and the internet, the Service furnished under this agreement is provided “as is" and on an “as available” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. NetReach does not warrant that the Service will meet you or your customer's needs or be free from errors, or that the operation of the Service will be uninterrupted.
2. Technical support is only provided to paying account holders and is only available via the cmScribe website. No phone calls or email.
3. Registration, renewal and/or transfer of domain names for you, or for your clients are your responsibility.
4. You understand that NetReach uses third party vendors and hosting partners to provide the necessary hardware, Service, networking, storage, and related technology required to run the Service.
5. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, NetReach, or any other NetReach service.
6. 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 written permission by NetReach.
7. We may, but have no obligation to, remove content and Accounts or specific websites containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
8. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any NetReach customer, employee, member, or officer will result in immediate account termination.
9. You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
10. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
11. You must not transmit any worms or viruses or any code of a destructive nature.
12. If your storage or bandwidth usage significantly exceeds your plans monthly limits (as determined solely by NetReach), we reserve the right to immediately disable or throttle your site until you can reduce your bandwidth consumption. Additional monthly storage and bandwidth can be purchased.
13. NetReach 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 Service will be corrected.
14. You expressly understand and agree that NetReach 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 NetReach 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; (v) or any other matter relating to the Service.
15. The failure of NetReach to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and NetReach and govern your use of the Service, superseding any prior agreements between you and NetReach (including, but not limited to, any prior versions of the Terms of Service).
16. Questions about the Terms of Service should be sent to support at cmscribe dot com.