Thank you for choosing www.pagecraft.me, an innovative platform that leverages advanced artificial intelligence to empower users like you to create and manage websites effortlessly. This document, encompassing the Terms of Service ("Terms") and the Acceptable Use Policy ("AUP"), along with our Privacy Policy, forms a foundational legal framework that governs your interaction with our services. By accessing or utilizing our website, mobile application, or any associated content, features, or functionalities (collectively referred to as the "Service"), you acknowledge and agree to be legally bound by these Terms, the AUP, and the Privacy Policy. Should you disagree with any of the stipulations mentioned herein, you are advised against using our Service.
The Terms of Service and Acceptable Use Policy outlined below are crafted to ensure a fair and responsible use environment for all users. The Terms provide the legal bases for your use of the Service, detailing your rights and responsibilities, as well as those of Pagecraft. The AUP specifically addresses acceptable and prohibited actions within the Service, aiming to prevent misuse that could disrupt the experience of other users or infringe upon the rights of third parties. Our commitment is to maintain the Service as a safe and productive environment for all users, and adherence to these policies is paramount.
By engaging with our Service, you accept full responsibility for all activities conducted through your account, including compliance with applicable payments. It is your obligation to ensure that all activities under your account abide by all relevant local, state, national, and international laws and regulations. While Pagecraft does not assume the duty to monitor the Service for inappropriate content or conduct continuously, we reserve the exclusive right, at our sole discretion, to enforce the AUP by removing content that we determine violates our guidelines. Furthermore, we reserve the right to restrict access, terminate the Service, or take any other necessary action if we believe, in our sole discretion, that a user has violated or acted inconsistently with the letter or spirit of the AUP.
A violation of the Acceptable Use Policy (AUP) may result in the immediate suspension or termination of your access to the Service, without prior notice. Please be aware of this possibility. It is imperative that we take this decisive step in order to safeguard not just the integrity and security of our services, but also the rights and interests of our users and third-party affiliates.
We strongly recommend that you carefully and periodically review these Terms, the Acceptable Use Policy, and the Privacy Policy. Acquiring an understanding of these papers and adhering to them will result in a better and more secure experience not only for you but also for the majority of the Pagecraft community.
Table of contents:
1. Acceptance of Terms
These Terms are a legally binding agreement between you and Pagecraf.me ("Pagecraft", "we", or "us"), and you unconditionally agree to be bound by these Terms and all of the terms, conditions, and notices contained or referenced herein. These Terms govern your access to and use of the Service, and take effect on the date on which you access the Service. We may revise the Terms or any of our policies and guidelines at any time, and you agree to be bound by such revisions. You agree that we may give you notice of such revisions by posting them on the Service and that your continued use of the Service constitutes your agreement to be bound by such revisions.
2. Service Description
The Service provides an AI-powered platform for creating, customizing, and publishing websites based on user prompts and preferences. The Service may include access to various design templates, tools, and features, as well as the ability to manage website content and settings. The Company reserves the right to modify, suspend, or discontinue the Service, or any part thereof, at any time and without notice. We also reserve the right to impose limits on certain features or restrict your access to parts or the entire Service without notice or liability. We may also impose limits on how websites built through our Service may be used. The Service is only available to users who can form legally binding contracts under applicable law and terms.
3. Use of the Service
We grant to you a limited, revocable, non-exclusive, non-transferable license to access and use the Service in accordance with the Terms. You may not access or use the Service for any purpose other than that for which we make it available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Pagecraft. Illegal and/or unauthorized uses of the Service, including, but not limited to, unauthorized framing of or linking to the Service, or unauthorized use of any robot, spider or other automated device on the Service, other unauthorized framing or linking any part of the Service, or collecting user information for purposes of sending unsolicited email or unauthorized framing of or linking to any page of the Service will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
4. User Content and AI-Generated Content
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content"), whether publicly posted or privately transmitted through the Service, are the sole responsibility of the person from which such Content originated. This means that you, and not Pagecraft, are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available through the Service. Pagecraft 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 Pagecraft be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Service. By using the Service, you represent or warrant that you own or otherwise control all of the rights to any Content that you post, email, transmit, or otherwise make available through the Service, and that all of your Content does and will comply with these Terms. You agree that you will not upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable. You also agree that you will not upload, post, email, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party. You further agree that you will not upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose. You agree that you will not, in connection with the Service, impersonate any person or entity, or otherwise mislead as to the origin of your Content, or any other information you submit to Pagecraft. You understand that Pagecraft has the right, but not the obligation, in its sole discretion to refuse, delete, or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason. You understand that Pagecraft does not endorse any Content, and that you use the Service at your own risk. We reserve the right to remove any Content from the Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms). Pagecraft also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce the Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Pagecraft, its users and the public. Pagecraft will not be responsible or liable for the exercise or non-exercise of its rights under the Terms.
5. Content Monitoring and Takedown
The Company takes reasonable steps to pre-screen any content that a User attempts to post or publish through the Service, regardless of whether the User has the option to make such content private or hidden. The Company utilizes modern, industry-standard AI systems to monitor such content for potential violations of these Terms, the Acceptable Use Policy, or any applicable laws or regulations. If the Company's content monitoring systems detect any violations, the Company reserves the right to immediately remove or disable access to such content. Depending on the nature and severity of the violation, the Company may, in its sole discretion, suspend or terminate the User's access to the Service or take other appropriate action.
Notwithstanding the Company's content monitoring efforts, Users acknowledge and agree that the Company is a web hosting operator and is protected by Section 230 of the Communications Decency Act. As such, the Company cannot and does not take responsibility for the content that any User submits to the Service. Any content removal under this section is not an admission of liability, and the Company reserves the right to challenge any takedown notice that it receives.
6. User Conduct
You understand that all data, information, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not the Company, are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available through the Service. The Company 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 the Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Service. The Company does not endorse any Content, and you understand that the Company will not be responsible or liable for any Content. You acknowledge that the Company 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 comply with legal process, enforce the Terms, or protect the rights, property, or safety of the Company, its users, or 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. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on the Service. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Service other than the search engine and search agents available from the Company on the Service and other than generally available third party web browsers (e.g., Microsoft Explorer, Mozilla Firefox, Google Chrome). You agree not to access or attempt to access any of the Company's systems or networks through any means that the Company has not authorized.
7. Outputs, Prompts, and Third-Party Materials
Due to the nature of the Company's Services and artificial intelligence generally, Outputs generated by the AI systems may not be unique, and other users may receive similar Outputs from the Services. The rights and responsibilities outlined in these Terms are limited to the User's own Prompts and Outputs, and do not extend to Outputs generated for other users or any Third-Party Outputs. The User retains all right, title, and interest, including any intellectual property rights, in the Prompts the User submits to the Services. The Company is authorized to use the User's Prompts and the corresponding Outputs worldwide to provide, maintain, develop, and improve the Services, comply with applicable law, enforce the Company's terms and policies, and keep the Services safe. The User represents and warrants that they have all necessary rights, notices, and consents to submit any Prompts to the Services in accordance with these Terms, and that the Prompts will not violate these Terms, the Acceptable Use Policy, or any applicable laws, including those related to intellectual property and privacy/data protection. While the Company strives to provide accurate Outputs, the User acknowledges and agrees that the Company makes no representations or warranties as to the accuracy of any Outputs. The User should not rely on Outputs without independently confirming their accuracy, as they may contain material inaccuracies. Additionally, the Services and Outputs are not guaranteed to be completely secure, bug-free, or virus-free. The User must not abuse, harm, interfere with, or disrupt the Company's Website or Services, including by introducing viruses or malware, spamming or DDoSing the Website or Services, or bypassing any of the Company's systems or protective measures. The Company reserves the right, in its sole discretion, to suspend or terminate the User's access to any services the Company provides to the User at any time without notice or liability.
8. Trademarks
The Company's trademarks and service marks include, but are not limited to "Pagecraft.me", and "Pagecraft" (collectively, "Pagecraft Marks"). The User is not authorized to use any Pagecraft Marks in any manner whatsoever, except as otherwise provided herein. The User must not display or use the Pagecraft Marks in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Pagecraft. The Company reserves all of its rights in the Pagecraft Marks. The User will not contest the validity or ownership of Pagecraft's marks, apply for trademark registration of the Pagecraft Marks, apply to register any mark confusingly similar to the Pagecraft Marks, or assist others in doing any of the foregoing.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY FURTHER DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DOES NOT WARRANT THAT THE SERVICE IS SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE COMPANY WILL PERIODICALLY UPDATE THE SERVICE. THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, EVEN IF THE COMPANY SHALL HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY WILL NOT BE RESPONSIBLE FOR YOUR FAILURE TO RECEIVE ANY INFORMATION RELATING TO THE SERVICE AS A RESULT OF FORMS BEING FILLED OUT INCORRECTLY, NOT BEING MAINTAINED, OR FOR ANY REASON BEYOND THE COMPANY'S CONTROL. IN NO EVENT SHALL THE COMPANY LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING THE SERVICE DURING THE THREE (3) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF OUR SERVICE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. IN NO EVENT SHALL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OF DATA OR DAMAGE CAUSED BY VIRUSES OR OTHER MALWARE THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SERVICE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE SERVICE.
10. Indemnification
By using this service, you agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Service by you or your account.
11. Governing Law
The Terms are governed by and construed in accordance with the laws of the state of our choice. Except as otherwise required by applicable law, any dispute arising from, or relating to, the Terms or the use of the Service, or any other dispute between you and the Company, will be resolved exclusively through confidential binding arbitration before a single arbitrator under the commercial arbitration rules of our choice. Such arbitration shall be commenced and heard in accordance with the rules then governing such arbitration. Each party hereby waives any right to trial by jury in any legal proceeding arising out of or related to the Terms. The decision of the arbitrator shall be final, binding, and conclusive on each of the parties, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. The parties further agree that the arbitrator shall have the authority to grant injunctions or other forms of equitable relief. Notwithstanding anything to the contrary, either party may seek preliminary injunctive relief to preserve the status quo pending a final decision on the merits, without prior notice, if such relief is necessary to protect the rights or property of either party. The arbitration shall be held in person or by telephone. The parties shall have the right to discovery as provided in the California Code of Civil Procedure. The parties will share equally in the cost of the arbitration unless the arbitrator rules otherwise. The prevailing party shall be entitled to recover its reasonable attorneys' fees and costs incurred in any arbitration or legal proceeding arising out of or related to the Terms.
12. Termination
The Company reserves the right to terminate or suspend your account, your ability to access the Service, or these Terms with or without notice, for any reason or for no reason, including, but not limited to, breach of the Terms, a request by law enforcement or another government agency, request by you (self-initiated account deletions), discontinuance or material modification to the Service (or any part thereof), unexpected technical issues or problems, or any other reason or purposes (e.g. change in local laws). You agree that any termination or suspension of your access to the Service may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your account and all related information, Files, and Content associated with your account, and/or bar any further access to such Files, Content, or the Service. Further, you agree that the Company shall not be liable to you or any third-party for any termination or suspension of your access to the Service, any associated email account(s), or your account, or any Files, Content, or other data transferred to another account, or stored on the Service's servers, if any. The Company reserves the right to refuse service to anyone for any reason at any time. No refund will be issued upon termination of your account. The Terms will survive indefinitely unless and until the Company chooses to terminate them.
13. No Spam
The User agrees not to use or permit any third party to use the Service to send unsolicited email or other messages that are unlawful, disruptive, or interfere with the use of the Service or any other computer system. The User may not use the Service for the purpose of sending or storing material containing software viruses, Trojans, worms, or other harmful computer code, files, scripts, agents, or programs.
14. No Warranties
The Company does not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. The Company does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time the Company may remove the Service for indefinite periods of time, or cancel the Service at any time, without notice to you. You expressly understand and agree that your use of the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Pagecraft.me, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, emailed, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
15. Assumption of Risk
When using our Service, information will be transmitted over a medium that may be beyond the control and jurisdiction of Pagecraft. Accordingly, the Company assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of our Service. - The User agrees to provide and maintain accurate and complete information as required by the Service and to keep any passwords associated with the Service confidential. The User agrees to be responsible for all activities that occur under the User's account or password. - The User shall indemnify and hold Pagecraft.me harmless from any claims or demands, including reasonable attorneys' fees, made by any third party due to or arising out of the User's use of the Service, the violation of these Terms by the User, or the infringement by the User, or any third party using the User's account, of any intellectual property or other right of any person or entity. - The User acknowledges that the Company does not independently verify all information submitted to the Service or posted on the Service, and that the Company is not responsible for such information. - The User acknowledges that the Company operates the Service under the supervision of trained employees. The User is therefore responsible for its own acts and omissions. The User understands and acknowledges that the Services are not a substitute for an attorney-client relationship.
16. Consent to Automated Decisions, Advertising, and Product Recommendations
The Company utilizes automated decision-making and other automated systems to enhance and improve the Service, to prevent misuse of the Service, and for other business purposes. These automated systems may employ machine learning techniques and other approaches to automate tasks, identify and prevent spam, identify patterns of abuse, and make product recommendations. The User hereby consents to the use of such automated systems in connection with the Service and waives any and all claims related to such automated systems. The User also agrees that the Company may use the User's personal data to advertise the Services to the User, including by sending the User promotional content, as well as to promote the Services to the User's friends. The User understands that the Company may analyze the User's past purchase history, personally identifiable information, and demographic information, and may determine whether the User has an existing relationship with the Company. The Company may also analyze the User's browsing and purchasing behavior on the Company's Website or other Company-owned properties. The Company may use this information to promote the Services to the User, in the form of promotional content, advertisements, and other marketing materials, as well as to promote the Services to the User's friends. The Company may also use this information in its own advertising campaigns. The User agrees that the Company may use the User's personal data for these purposes, and agrees to receive promotional content and advertisements from the Company and other third parties, and that such processing is necessary for the Company's legitimate business interests.
17. Waiver and Severability
The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is 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 Terms remain in full force and effect.
18. Entire Agreement
The Terms and our Acceptable Use Policy constitute the sole and entire agreement between you and the Company with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service.
19. Additional Terms
Additional terms and conditions may apply to the purchase of products or services, or use of certain features of the Service, and any such additional terms and conditions are hereby incorporated into these Terms by reference.
20. Survivability
All terms, conditions, and notices contained herein survive termination of your registration for this Service. We reserve the right to amend our terms (AUP) and conditions at any time. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
21. Pricing plans
The Service may include subscription-based features and pricing plans. The Company reserves the right to change the available plans, pricing, and any associated features at any time, with or without prior notice, unless a significant change is made, in which case the Company will provide reasonable notice. Users automatically agree to accept any changes to the subscription plans and pricing. The Service may include the use of in-service tokens, currency, or other virtual items ("In-Service Items"). The Company reserves the right to change the name, value, and functionality of In-Service Items at any time, with or without prior notice, unless a significant change is made, in which case the Company will provide reasonable notice. Users automatically agree to accept any changes to the In-Service Items. In the event that the Company changes the In-Service Items, Users will maintain all existing In-Service Items in their account at the time of the change. The Company reserves the right to remove any In-Service Items from the Service at any time, in its sole discretion, and Users will not be entitled to any compensation or refund for any In-Service Items removed from the Service. All payments made for the in-service items are final and non-refundable. If you cancel your paid subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires. If you do not cancel your subscription before the end of your then-current term, immediately upon expiration of the then-current term, your subscription will automatically renew for an additional one term and you authorize the Company to charge the credit card associated with your account for the renewal fee for the renewal term. The company may use different payment service providers to process payments. If you have any issues or concerns regarding your payment, please contact the respective payment service provider directly. You are responsible for any fees charged by a payment service provider in connection with a transaction and any errors made by a payment. The payment service providers are seperate entities and not the part of the company. Except when required by law, paid Subscription fees are non-refundable. Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of us. In accordance with the law, specifically referencing the EU Directive on Consumer Rights (Directive 2011/83/EU), which stipulates exceptions from the right of withdrawal for digital content not supplied on a tangible medium, our digital services are exempt from refunds once they have been accessed immediately post-purchase and upon prior express consent. Similarly, under U.S. law, including the Uniform Commercial Code as adopted by most states, digital content that is provided electronically is not subject to the same refund rights as goods or services provided on a tangible medium.
22. Contact Information
For general inquiries or support, please contact us at support[at]pagecraft(dot)me. We primarily review and respond to requests made in English. Requests not in English, except those originating from the state of our incorporation, may be deferred or, in certain instances, not addressed. This is not due to discrimination or harassment based on language; rather, it reflects our current linguistic capabilities, which do not include native speakers of all languages. As such, we cannot guarantee comprehensive communication in languages other than English. Upon receipt of your email, we will endeavor to send a confirmation within 24 business hours. If you do not receive such confirmation, please verify the accuracy of the email address used and check your spam folder. While we periodically review our spam folder, communications within this folder are considered non-priority and may be significantly delayed or not responded to at all. We do not commit to responding to emails that land in spam, particularly those not written in English, unless specifically required by law. Should your matter require urgent attention, we strongly encourage you to utilize alternate channels of communication. The absence of immediate follow-up via email may be interpreted as the issue not being of critical importance; consequently, we reserve the right to prioritize our responses as outlined. For legal inquiries, please direct your communications to legal[at]pagecraft(dot)me. This address is monitored with heightened scrutiny. For billing-related matters, contact billing[at]pagecraft(dot)me. Our commitment is to ensure clear, timely, and effective communication within the bounds of our operational capabilities.
23. Prohibited Content
The following are examples of the kind of User content that is illegal or prohibited on the Service. Pagecraft reserves the right to investigate and take appropriate legal action against anyone who, in Pagecraft's sole discretion, violates this provision, including without limitation, deleting the offending User content from the Service, suspending or terminating the account of such violators, and reporting you to the law enforcement authorities. Prohibited conduct includes, but is not limited to, the following:
Promoting or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals.
Conduct or promotion of illegal activities, including the collection of personally identifiable information about children under 13.
Cyber-bullying or threatening or advocating violence against another person.
Transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability, or otherwise breaches any relevant laws, regulations, or code of practice.
Impersonate or misrepresent your affiliation with any person or entity, including, but not limited to, posting content falsely stating or implying that such content is posted with the endorsement or permission of a person or entity.
Posting content that is harmful, obscene, defamatory, libelous, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
Posting content that contains nudity, violence, obscene language, sexually explicit material, or that is otherwise harmful, offensive, abusive, harassing, or hateful.
Posting content that is fraudulent, deceptive, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous.
Posting content that infringes the intellectual property rights or other proprietary rights of any third party, including, but not limited to, copyright, trademark, patent, trade secret, or other proprietary right of any party.
Posting content that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law or regulation.
Sending unsolicited commercial email, "junk mail," "spam," or other types of unsolicited communications.
Posting content that includes personal or identifying information about another person without that person's explicit consent.
Posting content that implies or directly states that any statements you make are endorsed by the Company without the Company's prior written consent.
Posting multiple messages to a newsgroup or message board that are the same or substantially similar.
Posting the same or similar content to large numbers of newsgroups or message boards, in violation of the rules of those newsgroups and message boards, or making postings that are disruptive or off-topic.
Posting content that uses language or content that advocates or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law or regulation.
Posting content that is intended to harass, oppress, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
Posting content that, in the sole judgment of Pagecraft, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Pagecraft or its users to any harm or liability of any type.
Posting content that exploits children under 18 years of age, or that exploits other people in a sexual or violent manner.
Posting content that provides instructional information about illegal activities, such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
Posting content that solicits passwords, personal information, or financial information for commercial or unlawful purposes from other users.
Subscribing to a newsgroup or message board that you have been previously banned from participating in.
Distributing, transmitting, or facilitating the distribution or transmission of any content that is protected by copyright, trademark, trade secret, or other intellectual or proprietary right without the express permission of the owner of the copyright, trademark, trade secret, or other intellectual or proprietary right and the payment of any required fees, or engaging in activities that violate the terms of service of such third-party sites or services.
Posting content that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Intentionally or unintentionally violating any applicable local, state, national, or international law or regulation, including, but not limited to, any regulations having the force of law of the country where the Company is located.
Engaging in any activity or prohibiting or restricting any other user from using or enjoying any of the Service.
24. Unacceptable Content
The Company does not permit the uploading or otherwise making available of any content or other material that infringes any third-party's intellectual property rights, privacy rights, or other proprietary or legal rights.
The Company does not permit the uploading or otherwise making available of any content that you do not have permission to upload or make available.
The Company may remove any content or take any action with respect to such content that it deems necessary or appropriate in its sole discretion if it believes that such content could create liability for the Company, damage the Company's brand or public image, or cause the Company to lose users or (in whole or in part) the services of its ISPs or other suppliers.
The Company's removal of any content does not constitute Pagecraft's waiver of any rights with respect to such content.
The Company may, without prior notice, change the format and display of any material or any of the Services. The Company reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Service at any time for any or no reason, with or without prior notice, and without liability.
The Company may, in its sole discretion, refuse to accept, transmit, consider, post, display, or store any material, or take any other action with respect to such material, that it deems, in its sole discretion, to violate this AUP or any other Company policy or is otherwise objectionable.
25. Prohibited Network Activities
The Company will cooperate with legal authorities and/or third parties to enforce and comply with applicable laws.
The Company may disclose a User's personal information if required to do so by law or in the good faith belief that such action is necessary to (a) comply with a legal obligation, (b) protect and defend the rights or property of Pagecraft, (c) act in urgent circumstances to protect the personal safety of users of Pagecraft, or the public, or (d) protect against legal liability.
The Company may cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. Accordingly, the Company reserves the right to (a) report to law enforcement agencies any actions that may be considered illegal, (b) in appropriate circumstances and at its sole discretion, to remove or refuse to post any material that, in the Company's reasonable opinion, violates any Pagecraft policy or is in any way harmful or objectionable, and (c) cancel accounts or prevent access to the Service.
26. No Reverse Engineering
The Company may modify the Service or discontinue the Service at any time without notice, and the Company shall not be liable to you or any third-party for any modification or discontinuation of the Service. The Company does not authorize anyone to make any warranty on its behalf and you should not rely on any such statement. Except as expressly provided in the Limited Warranty, all content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Service, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Service. Pagecraft's content is not for resale. Your use of the Service does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Pagecraft and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Pagecraft or our licensors except as expressly authorized by these Terms.
27. Account Terms
To access some features of the Service, you are required to register for an account. You may register for an account using your email address, or by logging into your account with a third-party service (such as Facebook).
You must be 13 years or older to register for an account with the Company. By registering for an account, you represent and warrant that you are 13 years or older.
You are responsible for the activity that occurs on your account, and you must keep your account password secure.
You must not abuse, harass, threaten, impersonate, or intimidate other Pagecraft users.
You may only register and maintain one Pagecraft account.
You are responsible for keeping your account information up-to-date and accurate.
You agree to notify Pagecraft immediately of any unauthorized use of your account or any other breach of security known to you.
Pagecraft reserves the right to refuse service, terminate accounts, and/or cancel orders in its sole discretion.
You agree not to create an account using a false identity or information, or on behalf of someone other than yourself. You agree that if Pagecraft, in its sole discretion, believes that the account may be used in violation of this section, Pagecraft may suspend or terminate your account without notice and refuse any and all current or future use of the Service (or any portion thereof). You agree that Pagecraft will not be liable to you or any third-party for termination of your account or suspension or limitation of the Service.
You agree to immediately notify Pagecraft of any unauthorized use of your account or any other breach of security known to you.
Pagecraft may, but has no obligation to, monitor or review (i) any areas on the Service where users transmit or post communications or communicate solely with each other, or (ii) the content of any such communications. Pagecraft, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Pagecraft maintains the right to remove or modify any content that violates the AUP or is otherwise objectionable in Pagecraft's sole discretion.
28. Privacy Policy
The Company's Privacy Policy is part of, and subject to, the Terms. The Company's Privacy Policy describes how the Company collects, stores, and uses personal information about its users, including information about the Storage, use, and disclosure of personal information in connection with the use of the Service and any other information that you submit to the Service. The Company's Privacy Policy is hereby incorporated into these Terms by reference.
29. Storage
Your Content is stored on a Pagecraft computer for the sole purpose of providing the Services to you. The Company is not required to back up any of your Content to protect you from inadvertent content deletions or modifications. Pagecraft assumes no liability for any loss or modifications to your Content.
30. Content Removal
To request that the Company remove any Content you have previously posted, you may contact the Company at support[at]pagecraft(dot)me. The Company does not have an obligation to monitor any Content placed on the Service. The Company reserves the right, in its sole discretion, to remove or disable access to any Content that is alleged to be infringing, is alleged to be subject to legal or other restrictions on the use of such Content, or is otherwise objectionable, with or without notice. The Company has no obligation to provide you with notice of the removal or disabling of any Content. The Company reserves the right, in its sole discretion, to terminate your access to all or any part of the Service without notice and without liability to you for any reason whatsoever. The Company will not be liable to you or any third-party for removing or disabling access to any such Content.
31. Storage Capacity
The Company limits each User to a maximum of 100MB of storage space; you may not use the Company's services to store, post, upload, transmit, distribute, store, or otherwise make available any content that exceeds the allotted storage space. The Company reserves the right to delete any content violating this provision. Files may be deleted at any time.
32. Export and Import
The Service may allow certain functions such as uploading, downloading, and transferring of data with the Service. The Company's responsibilities under these Terms do not extend to the storage, transportation, or transfer of content through such functions. It is the User's responsibility to make sure that any content transferred through the Services is in compliance with all laws, rules, and regulations applicable to that content. The User agrees to obtain all necessary consents and licenses from any applicable third-party prior to the transfer of any content through the Services.
The User agrees to take all reasonable steps to prevent and mitigate any damage that may result from the transmission of content through the Service, including, but not limited to, any damage caused by the transmission of any computer viruses, programs, or other software that could potentially damage the User's computer or other property.
33. Content, Intellectual Property, and Trademarks
The Company does not claim ownership of your Content or any other content you may post to the Service.
The Company does not claim ownership of any intellectual property rights in the Service, including, in each case, all trademarks, service marks, trade names, trade dress, and other proprietary and intellectual property rights of any kind.
The content, trademarks, trade names, service marks, design marks, logos, and other elements of the Service that are displayed or used in the Service are the Company's property, and constitute valuable intellectual property.
You are not permitted, except with Pagecraft's express written permission, to distribute, modify, or reproduce in any way any of the elements of the Service. You may not copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the elements of the Service.
You are not permitted to use any of the elements of the Service in any manner that is likely to cause confusion among users, disparages or discredits the Company or its licensors, or which otherwise violates these Terms.
You are not permitted to use the Service for any purpose that is unlawful or prohibited by these Terms.
The Company hereby grants the User a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Service subject to the terms and conditions of these Terms. The Company retains all rights not expressly granted.
You must not remove, obscure, or alter any legal notices displayed in or along with the Service, including any copyright, trademark, or other proprietary rights notices.
The Company will investigate any alleged breach of these Terms, and take appropriate legal action against anyone who, in the Company's sole discretion, breaches this AUP, including without limitation, reporting you to law enforcement authorities, or terminating or suspending your account.
The Company reserves the right, in its sole discretion, to monitor any and all uses of the Service, and to do so without notice to you and without liability to you.
34. Restricted Activities
You may only use the Service for lawful purposes. You may not use the Service to transmit or post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, offensive, profane, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
You may not use the Service to transmit or post any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party.
You may not use the Service to transmit or post any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
You may not use the Service to collect, store, or transmit personal information about any third party without the express consent of that party.
You may not use the Service to make, facilitate, or otherwise support any unsolicited or unauthorized advertising, solicitations, spam, solicitations, pyramid schemes, chain letters, or other forms of solicitation.
You may not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other person's use and enjoyment of the Service, including, but not limited to, sending malicious e-mail, "spoofing" or "hacking" the Service, attempting to access any Service or computer system without authority, or attempting to introduce viruses or similar harmful code into the Service.
You may not attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service, through hacking, password mining, or any other means.
You may not use the Service to harvest or otherwise collect information about others, including e-mail addresses, without their consent.
You may not use the Service to transmit, post, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
You may not access or use the Service to distribute any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party.
You may not use the Service to transmit, post, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
You may not use the Service to transmit, post, or otherwise make available any Content that contains proprietary information of any party, including, but not limited to, trade secrets, proprietary information, and confidential information.
You may not use the Service to transmit, post, or otherwise make available 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.
You may not attempt to gain unauthorized access to any portion of the Service, or any other accounts, computer systems, or networks connected to or used together with the Service, through hacking, password mining or any other means.
You may not probe, scan, or test the vulnerability of the Service or any associated system or network, nor breach the security or authentication measures on the Service or any associated system or network.
You may not reverse look-up, trace, or seek to trace any information on any other user, of or visitor to, the Service, or any other customer of the Company, including any account not owned by you, to its source, or exploit the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Service.
You may not take any action that imposes an unreasonable load on the infrastructure of the Service or the Company's systems or networks, or any systems or networks connected to the Service or to the Company.
You may not use the Service to transmit, post, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
You may not use the Service to collect, store, or transmit personal information about any third party without the express consent of that party.
You may not use the Service to make, facilitate, or otherwise support any unsolicited or unauthorized advertising, solicitations, spam, solicitations, pyramid schemes, chain letters, or other forms of solicitation.
You may not attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service, through hacking, password mining, or any other means.
You may not attempt to introduce viruses or similar harmful code into the Service or any associated system or network.
You may not use the Service to distribute, post, or otherwise make available any material that is harmful, threatening, abusive, tortious, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or otherwise objectionable.
You may not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service, including, but not limited to, sending malicious e-mail, "spoofing" or "hacking" the Service, attempting to access any Service or computer system without authority, or attempting to introduce viruses or similar harmful code into the Service.
You may not use the Service to engage in any activity that interferes with the Company's ability to provide Services to all of its users, including, but not limited to attempting to gain unauthorized access to Account information of other users of the Service.
You may not use the Service to distribute, post, or otherwise make available any Content that contains malware, spam, 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.
You may not use the Service to violate or attempt to violate the security of the Service or any associated system or network, including, but not limited to, by accessing data not intended for you or logging into a server or account that you are not authorized to access, attempting to probe, scan, or test the vulnerability of a system or network, or attempting to breach security or authentication measures without proper authorization, attempting to interfere with service to any user, host, or network, by means including, but not limited to, overloading, "flooding," "mail bombing," or "crashing," sending unsolicited e-mail, or attempting to cause a denial of service attack on the Service or any associated system or network.
You may not use the Service to engage in any activity that violates any law or regulation or any rule, requirement, guideline, or policy of any governmental authority or other third party having jurisdiction over the Service or the Company.
You may not access or otherwise use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service, including, but not limited to, sending malicious e-mail, "spoofing" or "hacking" the Service, attempting to access any Service or computer system without authority, or attempting to introduce viruses or similar harmful code into the Service or any associated system or network.
You may not attempt to gain unauthorized access to any portion of the Service or any other accounts, computer systems, or networks connected to or used together with the Service by any means, including, but not limited to, hacking, password mining, or any other means.
You may not attempt to probe, scan, or test the vulnerability of the Service or any associated system or network, nor breach the security or authentication measures on the Service or any associated system or network.
35. DMCA
Under the Digital Millennium Copyright Act ("DMCA"), the Company has the right to terminate the account of any user who is the subject of repeated DMCA takedown notices. When Pagecraft is served with a valid DMCA takedown notice, Pagecraft will remove the listed content. If the same User then proceeds to upload the same or similar content, Pagecraft may, at its discretion, terminate the account of the User who uploaded the content. Pagecraft is not required to remove any content which Pagecraft believes in good faith is exempt from the DMCA.
The DMCA requires that, if the Company receives a valid and complete notice of alleged copyright infringement, the Company will remove or disable access to the allegedly infringing material. The Company will make a good-faith attempt to contact the Alleged Infringer who posted the material at issue. The Alleged Infringer then has the opportunity to respond to the Copyright Owner and/or the Company with the following information: (i) a physical or electronic signature of the Alleged Infringer; (ii) identification of the allegedly infringing material with a description of the ways in which the material is allegedly infringing the owner's rights; (iii) contact information for the Alleged Infringer, including the Alleged Infringer's name, address, and e-mail address; (iv) a statement that the Alleged Infringer has a good-faith belief that the allegedly infringing material is not authorized by the Copyright Owner, its agent, or the law; and (v) a statement that the information in the notice is accurate and that the Alleged Infringer is authorized to act on behalf of the owner of the allegedly infringing material. The Alleged Infringer may contact the Company to request that it remove the allegedly infringing material.
Upon receipt of a valid DMCA takedown notice, Pagecraft will remove the listed content. The Alleged Infringer may send a counter-notice to Pagecraft within ten (10) business days of the DMCA notice. The counter-notice must: (i) include the Alleged Infringer's physical or electronic signature; (ii) identify the removed or disabled material with a description of where it appeared on the Service prior to removal or disabling; (iii) provide the Alleged Infringer's name, address, and telephone number; (iv) provide a statement that the Alleged Infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located or if the Alleged Infringer's address is outside of the United States to the judicial district in which the Service is located; and (v) include a statement that the Alleged Infringer "will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person." Upon receipt of a valid counter-notice, the allegedly infringing material may be restored to the Service.
Any DMCA takedown notices should be sent to dmca[at]pagecraft(dot)me.
Copyright owners may not use this method to make repeat takedown requests, or to abuse or manipulate the system. If Pagecraft, in its sole discretion, receives a notice that is not in compliance with the DMCA, Pagecraft will not remove the affected content.
36. Prohibited Products
The Company does not permit the uploading or otherwise making available of any product or service that is illegal or prohibited on the Service. The Company does not claim ownership of the products and services you post to the Service. The Company does not claim to review or approve the products and services you post to the Service. The Company is not responsible for any of the products and services you post to the Service.
The Company reserves the right, in its sole discretion, to suspend or terminate your access to the Service, or to refuse or remove any product or service that you post to the Service, with or without notice and without liability to you or any third-party for any reason whatsoever.
37. Prohibited Sites
The Company does not permit the uploading or otherwise making available of any sites that are illegal or prohibited on the Service. The Company's approval is not required for the sites you post to the Service.
The Company reserves the right, in its sole discretion, to suspend or terminate your access to the Service, or to refuse or remove any site that you post to the Service, with or without notice and without liability to you or any third-party for any reason whatsoever.
38. Additional Services and Terms
The Company may offer additional services or products or modify or revise any existing content and services at its discretion, and these terms will apply to all additional services and products and all modified or revised services unless otherwise stipulated. The Company also reserves the right to stop offering and/or supporting any services or part of the services at any time either permanently or temporarily, at which point your use of the service or part thereof will be automatically terminated or suspended.
39. Modifications to the Terms of Service
The Company reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended terms on the Service. Please check these Terms periodically for changes. Your continued use of the service after the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms, the Company will make reasonable efforts to provide notice to you of such amended terms, such as by an email notification to the address associated with your account or by posting a notice on the Service, and you must agree to the amended terms in order to continue using the Service.