Welcome to Crescent Software Development Inc. (“Crescent”)’s Terms And Conditions of Service! All of Crescent’s Services are subject to these Terms and Conditions set forth in this Agreement. This Agreement explains (i) what’s allowed when using our Services; (ii) the rights you have as a user of our Services; (iii) the rights Crescent has if you do something which is not allowed when using our Services; and (iv) many other important terms. This Agreement is a legal contract between you and Crescent and it is important that you read it carefully. If there is anything you do not understand in this Agreement, please contact us at firstname.lastname@example.org
Eligibility; Registration and Account Security.
- If you use the Services on behalf of another party, company or other organization, you represent and warrant that you are authorized to bind such party, company or organization to this Agreement and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services.
- You agree to (i) provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms (“Registration Data”); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to Crescent, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account.
- You acknowledge and accept that despite the security measures Crescent takes in connection with the Services, Crescent’s system and/or Subscriber Websites (as defined below) may nonetheless become compromised, including without limitation, by hackers, Internet viruses, worms or Trojan horses, or the like. Under such circumstances, Crescent may take corrective action as it deems appropriate in its sole discretion and you acknowledge and agree that Crescent shall have no liability to you for any damage or loss that you may incur due to such corrective action.
PIPEDA and HIPAA Disclaimer.
The Services do not comply with the Canadian Personal Information Protection and Electronic Documents Act, and the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). You are solely responsible for compliance with all applicable laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services are not appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Crescent does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with PIPEDA or HIPAA. Subscribers requiring secure storage of “Protected Health Information” as defined under PIPEDA or HIPAA are expressly prohibited from using the Service for such purposes. Storing and permitting access to “Protected Health Information,” is a material violation of this Agreement, and grounds for immediate account termination. Crescent does not sign “Business Associate Agreements,” and you agree that Crescent is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, please contact us by phone or chat.
Except for Subscriber Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “Crescent Content”), are the property of Crescent or its licensors. No Crescent Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Crescent Content. Any use of the Crescent Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to your use of the Services and the Crescent Content granted herein. All rights of Crescent or its licensors that are not expressly granted in this Agreement are reserved to Crescent and its licensors.
- You may be able to upload, store, publish, display and distribute information, text, photos, videos, emails, and other content on or through the Services (collectively, “Subscriber Content”). Subscriber Content includes any content posted by you and users of any of your websites hosted through the Services (“Subscriber Websites”). You are solely responsible for any and all Subscriber Content and any transactions or other activities conducted on or through Subscriber Websites. By posting or distributing Subscriber Content on or through the Services, you represent and warrant to Crescent that (i) you have all necessary rights to post or distribute such Subscriber Content, and (ii) your posting or distribution of such Subscriber Content does not infringe or violate the rights of any third party
- You acknowledge and agree that Crescent may, but is not obligated to, monitor Subscriber Content and may immediately take any corrective action in Crescent sole discretion, including without limitation removal of all or a portion of the Subscriber Content, and suspension or termination of any and all Services without refund of any pre-paid fees. You hereby agree that Crescent shall have no liability due to any corrective action that Crescent may take, including without limitation suspension or termination of Services.
- You hereby grant to Crescent, to the extent necessary to provide the Services, a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute Subscriber Content and the Subscriber Website; and (ii) make archival or back-up copies of the Subscriber Content and the Subscriber Website. Except for the rights expressly granted above, Crescent is not acquiring any right, title or interest in or to the Subscriber Content, all of which shall remain solely with you.
Payment Card Industry Security Standard Disclaimer.
Crescent complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of your data and billing information. However, you are solely responsible for the security of the data and billing information you collect on your Subscriber Website. Crescent will not monitor Subscriber Websites for compliance and therefore we are not able to verify whether your Subscriber Website complies with the PCI Standard.
- You will comply with all applicable laws, rules and regulations in connection with the Subscriber Content, Subscriber Websites and use of the Services.
- You will cooperate fully with Crescent in connection with Crescent’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for you to use the Services. Delays in your performance of your obligations under this Agreement will extend the time for Crescent’s performance of its obligations that depend on your performance.
- You will be solely responsible for ensuring that all Subscriber Content and Subscriber Websites are compatible with the hardware and software used by Crescent to provide the Services, which hardware and software may be changed by Crescent from time to time in its sole discretion.
- You will be solely responsible for backing-up all Subscriber Content, including any Subscriber Websites off of Crescent’s servers. This is an affirmative duty. Crescent is not responsible for the loss of any Subscriber Content. Note: It is essential that Subscribers backup files offline, even if user purchases or has products, such as Site Backup and Restore.
- You will use your best efforts to ensure that the Subscriber Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code.
- You will not use the Services in any manner, as determined by Crescent in its sole discretion, that:
- Engages in or promotes illegal activity;
- Engages in or promotes behavior that is defamatory, harassing, abusive or otherwise objectionable;
- Infringes the intellectual property rights or other proprietary rights of any third party;
- Violates the privacy rights or publicity rights of any third party;
- Interferes with the operation of the Services; or
- Violates the terms and conditions of this Agreement or any of the policies or agreements incorporated by reference herein.
Third Party Websites.
The Services may contain links to other websites that are not owned or controlled by Crescent (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Services or any Third Party Content posted on or made available through the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of the Third Party Sites or the Third Party Content. If you decide to access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and our terms and policies do not apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate.
Billing and Payment.
You will pay to Crescent all fees for the Services set forth in the registration form presented to you at the time you order the Services and for all fees for subsequent Renewal Periods at the time of renewal.
Crescent may increase the fees for the Services (i) in the manner permitted in the applicable description of the particular Service published by Crescent on the Crescent website or in a promotional offer (the “Service Description”) and (ii) at any time on or after expiration of the Initial Term by providing thirty (30) days prior written notice to you. Written notice may be in the form of (i) notices and updates provided through the Subscriber billing tool provided as part of the Services, (ii) notices and updates otherwise provided through the Services, or (iii) notifications of pricing for renewal terms. It is your sole responsibility to periodically review billing-related information provided by Crescent via notices sent or posted by Crescent.
The advertised fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services provided hereunder. All such taxes may be added to Crescent’s invoices for the fees as separate charges to be paid by you. All fees are non-refundable when paid except as otherwise provided herein.
By purchasing the Services, you agree to allow Crescent to place your account on a recurring payment plan. The account will automatically be re-billed according to the term length of the Services you select. For Services with term lengths of three (3) months or longer, Crescent shall provide notice of the upcoming charge to Subscriber prior to the payment date for each Renewal Period. This notification will be sent to the contact email address on file for the Account. In the case of insufficient funds to charge such amount, we will attempt to collect at a partial term quantity (not changing your current term) to avoid an interruption in the Services. Unless you contact us to discontinue automatic renewal of the Services, we will automatically renew the Services up to fifteen (15) days before your renewal date and will take payment from the payment method we have on file.
Failure to Pay
. If you fail to pay the fees due, we may suspend or terminate your Services and pursue the collection costs incurred by Crescent, including without limitation, any arbitration and legal fees and Crescent’s reasonable attorneys’ fees. If any check is returned for insufficient funds, Crescent may impose a minimum processing charge of $25.00 plus any applicable taxes. Accounts will not be activated or reactivated until all outstanding amounts are paid. We are not responsible for any deleted or lost Subscriber Content that results from any suspension or reactivation.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. We may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions and credit card companies.
Please contact us at email@example.com for any disputed charge.
Term and Termination of the Services.
Term of Services.
The term of the Services will be monthly, renewed each month. You acknowledge, agree, and authorize us to automatically bill the applicable fee and/or charge your credit card or other payment method on file up to fifteen (15) days prior to the end of each Renewal Period, unless you terminate or cancel the Services prior to such charge as provided in this section. The “Term” of this Agreement shall include the Initial Term and all Renewal Periods, if any.
You may terminate or cancel the Services you purchased at any time during the Term by giving Crescent notice by email at firstname.lastname@example.org. The cancellation request is subject to verification of ownership of the account and/or domain, as determined in Crescent’s sole discretion. In the event of such cancellation, you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation, if applicable. After the account is canceled, all Subscriber Content will be permanently removed from the server. Please make a backup of all Subscriber Content before you contact Crescent to cancel your account.
Disabling automatic renewal option.
Subscriber must notify Crescent at least fifteen (15) business days prior to the Services or domain renewal date to disable automatic renewal.
Termination by Crecsent.
Crescent may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due hereunder to Crescent; (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm Crescent or others, cause Crescent or others to incur liability, or disrupt Crescent’s business operations (as determined by Crescent in its sole discretion); (iv) you are abusive toward Crescent staff in any manner; or (v) for any other lawful reason or as otherwise specified in this Agreement. In such event, Crescent will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.
Modification of Services.
Crescent reserves the right to modify, change, or discontinue any aspect of the Services at any time.
Upon termination of the Services for any reason, Subscriber Content, Subscriber Websites, and other data will be deleted. You should always maintain back-up copies of all Subscriber Content, Subscriber Websites, and other data. Crescent is not responsible for the loss of any Subscriber Content. It is essential that Subscribers backup files offline, even if user purchases or has products, such as Site Backup and Restore.
Billing and Payment.
Services are subscribed to on a monthly basis and payable on an annual basis. Should the Services be cancelled by the Subscriber or by Crescent for any reason, the remaining months Services shall be refunded.
Technical Support Services.
For any technical issues related to your account, contact us at email@example.com, and we can go from there.
You acknowledge and agree that your use of the Services, including any information or content obtained through the Services, is at your own risk. You further acknowledge and agree that Crescent exercises no control over, and accepts no responsibility for, the content of the information passing through Crescent’s host computers, network hubs and points of presence or the Internet.