Terms of Service

General and Acceptance

By using www.zitecode.com and all content and services within ZiteCode.com, you agree to the terms and conditions ("Terms of Use" or "Agreement") and the terms and conditions of ZiteCode's Privacy Policy ( wwww.zitecode.com/privacypolicy). If you do not agree to all of these terms, please exit and do not use the ZiteCode Website.

The Terms of Use Agreement sets forth the legally binding terms for all ZiteCode Services. The Terms of Use Agreement applies to persons signing up as free members, paid members and all persons visiting any and all content information provided by ZiteCode or any affiliates within the ZiteCode Website. By using ZiteCode Services, you agree and are bound by this Agreement. PLEASE READ EVERYTHING CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL TERMS, PLEASE LEAVE THE ZITECODE WEBSITE IMMEDIATELY. IF YOU WISH TO BECOME A MEMBER OF ZITECODE SERVICES, YOU MUST READ THIS AGREEMENT AND INDICATE YOUR ACCEPTANCE DURING THE SIGNUP PROCESS. ZiteCode will modify this Agreement periodically as we upgrade applications and tools. The modification shall be effective upon posting by ZiteCode on our Website. You agree to be bound to any changes to this Agreement when you use ZiteCode after any and all modifications are posted. It is important you review this Agreement regularly upon each use of ZiteCode Services to make sure you are updated as to any changes.

Beta Site

You acknowledge and accept ZiteCode is currently in Beta and is "In Testing" and "As Is" with potential "errors". We are actively resolving issues as they are discovered. ZiteCode is neither responsible nor liable for the operation, security, reliability or functionality of the site.

Eligibility

You represent and acknowledge
(A) all registration information you submit is truthful and accurate;
(B) you will maintain the accuracy of such information;
(C) you are 13 years of age or older; and
(D) your use of ZiteCode Services does not violate any applicable law or regulation.
Your Membership/Profile may be terminated without warning if we believe that you are less than 13 years of age or violating any portion of the terms of service. Purchasing Our Pro (Paid) Services represents you are more than 18 years of age and you have full legal capacity to complete such a contractual obligation without any additional approvals.

Services Provided

ZiteCode allows users to not only build websites through our drag-and-drop editor, it gives you the tools to optimize your website pages and broadcast through unique applications. Social networking tools allow users to communicate amongst each other for added value, ideas and professional purposes. Each user will sign up for either free or paid services and is responsible to maintain their account. Services may include communications from us, such as tips, news, updates, announcements, surveys, etc.

Free Services

Our free website building solution and social networking is free and is supported by advertising. One free website is allowed. Additional websites require premium service. Of course, you have the opportunity to upgrade and purchase our premium service, ZiteCodePro.

Premium Service

If you purchase any services that we offer for a fee, either on a one-time or subscription basis ("ZiteCodePro or Premium Services"), you agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. You acknowledge that ZiteCodePro Services are subject to this Agreement and any additional terms related to the provision of the Premium Service.

Cancellation

ZiteCodePro or Premium Services includes a 30-day money-back guarantee. If you are dissatisfied with your service for any reason, you will receive a full refund (minus domain name registration fee and overage charges) if you cancel your paid services within 30 days of the activation of your account. The 30-day money-back guarantee does NOT apply to domain name registration or other Paid Services. Once you purchase your domain name, you are its owner and it cannot be "returned."

Content Guideline Agreements

• You will use services to create a professional online website presence
• You will be courteous to others during all communication
• You will not post, upload, publish, distribute or disseminate any material that defames, abuses, harasses, stalks, threatens or otherwise violates the legal rights of others
• You will not upload, publish, post, distribute or disseminate any content that is otherwise deemed as pornographic and/or obscene by ZiteCode. This includes but is not limited to commercial pornography, pedophilia, incest, bestiality, child pornography, or anything similar that violates any applicable laws. ZiteCode will report any evidence of child pornography along with all known user identification and information to the relevant law enforcement agencies. Users may not use ZiteCode applications and tools to create sites containing content, such as pornography or violence, that is not generally thought to be appropriate for viewing by children ("Adult Content") nor may they use ZiteCode, the Service and/or the ZiteCode Subdomains for hosting and/or distributing and/or publishing Adult Content, including the use of the service for Escort or Prostitution Services.
• You will not upload, publish, post, distribute or disseminate any material that promotes hatred towards groups based on race or ethnic origin, religion, disability, gender, age, and sexual orientation/gender identity.
• You will not upload, publish, post, distribute or disseminate any material that constitutes a direct threat of violence against any person or group of people.
• You will not upload, publish, post, distribute or disseminate any material that impersonates or is intended to impersonate others in a manner that is intended to mislead or does mislead or confuse others.
• You will not upload, publish, post, distribute or disseminate any third party files and or content that contain material, in any form, protected by intellectual property laws (or by rights of privacy and/or publicity) unless you own or control the rights thereto or have received all necessary consents. You may not post private individual or company information without the expressed permission of such parties.
• You will not knowingly violate the intellectual property rights of a third party on any user site.
• You will not upload, publish, post, distribute or disseminate any files that contain viruses, malware, malicious codes, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
• You will not use ZiteCode for the transmission of spam and/or any type of viral marketing, pyramid scheme and/or phishing scheme.
• You will not use affiliate links to third party sellers who have not approved you into their affiliate programs.
• You will not 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 content contained in a file that is uploaded, downloaded, published, posted, distributed or disseminated using the ZiteCode Toolset.
• You will not use ZiteCode to collect information about others, including e- mail addresses, without their consent.
• You will not upload, publish, post, distribute or disseminate any unauthorized private, confidential and personal information about others.
• You will not upload, publish, post, distribute or disseminate any material that is used for unlawful purposes or for the promotion of dangerous and illegal activities.

Third Party Links

Links to third-party websites not controlled not owned by ZiteCode may exist. ZiteCode assumes absolutely no responsibility for any terms, content, conditions, privacy policies, or practices of third-party websites. ZiteCode does not edit nor control content of any third-party websites. By using ZiteCode, you expressly release ZiteCode from any and all liability arising from your use of any third-party website. Please be aware and to read the terms and conditions and privacy policy of each website that you visit when leaving ZiteCode.

Account Termination Policy

ZiteCode has the right and will terminate a user's access to ZiteCode service and account(s) if, under appropriate circumstances, the user is in violation or our terms of service or privacy policy.

Copyright and Trademark Notice

ZiteCode and its contents, including, but not limited to, text, photographs, graphics, illustrations, video, sound, and other material (all such content collectively referred to as "Content") are protected under United States and international copyright laws and are the property of ZiteCode or its third-party licensors. All rights reserved. All logos, splash screens, page headers, custom graphics, and button icons displayed on this Site are service marks, trademarks, and/or trade dress (collectively, "Marks") of ZiteCode or its third-party licensors. Except as specifically permitted herein, copying, distributing, transmitting, displaying, modifying, selling, or participating in the sale of, or otherwise exploiting or using any Content or any Marks in any form or by any means without the express written permission of ZiteCode is prohibited and may violate the copyright or trademark laws of the United States and/or other countries.

Disclaimer of Representations and Warranties

YOU AGREE AND ACKNOWLEDGE AND THAT YOUR USE OF ZITECODE SERVICES SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". ZITECODE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ZITECODE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND ZITECODE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

YOU AGREE AND ACKNOWLEDGE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY ZITECODE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL CONSTITUTE LEGAL OR FINANCIAL ADVICE OR CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF USE OR YOUR USE OR THE SERVICES FOUND ON ZITECODE.

Limitation of Liability

IN NO EVENT SHALL ZITECODE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, "X-RATED", OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT ZITECODE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL ZITECODE'S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF USE OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless ZiteCode, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: your use of and access to the Service; your violation of any term of these Terms of Service; your violation of any third party right, including without limitation any copyright, property, or privacy right; or any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

Governing Law

These Terms are governed by and shall be construed in accordance with the laws of the State of Arizona without giving effect to any principles of conflicts of law. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms are effective unless and until terminated by ZiteCode.com