1.1 Band SiteMaker is provided by Band SiteMaker.co.uk (the “Company”), which provides its services to you, subject to the following Terms and Conditions ("TACS"), which may be updated by the Company from time to time without notice to you.
1.2 When using particular Band SiteMaker software, services, or other items provided by the Company, you will also be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TACS.
1.3 Band SiteMaker contains a large number of images, artwork and other data some of which is on licence from its copyright owners. You are not permitted to download or use any widgets or other material from Band SiteMaker or use such material other than for display on Band SiteMaker.
1.4 The nature of Band SiteMaker's database driven technology means that it is physically impossible for you to own a copy of your Band SiteMaker site. If the Company’s business changes, or for any other reason the Company cannot continue to host your site, you will lose it. You agree not to hold the Company liable and the Company accepts no liability in respect of, the loss of all data relating to your site. You are strongly advised to keep copies of any data, images, music or otherwise that you upload onto Band SiteMaker.
1.5 PLEASE NOTE: All minors are recommended to consult with their parents/guardians in respect of these TACS before using Band SiteMaker.
Band SiteMaker currently provides or allows browsing and/or access to a large number of on-line services and resources (referred in these TACS as "Services"), including a host of tools enabling you to become a member of Band SiteMaker ("Member"), to create your own Web site hosted on Band SiteMaker ("Member Site") (all such security and design features, tools, or any components thereof contained within Band SiteMaker and any Member Site being known as Band SiteMaker). Unless explicitly stated otherwise, any new features that augment or enhance Band SiteMaker, including the release of new Services, software tools or resources, shall be subject to the TACS. The Company may add, delete or change some or all of the Services provided as part of Band SiteMaker at any time. Unless otherwise stated these TACS apply to you whether you are a casual user of Band SiteMaker, a Member, a Site Leader or other user.
PLEASE NOTE: Some of the sites hosted on Band SiteMaker contain adult or mature content. You must be at least 18 years of age to view such areas.
3.1 The Company uses a third party, to manage its Band SiteMaker subscription transactions via credit/debit card. Upon subscription by this method you will be authorising both an immediate payment and a repeat payment that will be taken regularly in the future using the card details you submit.
3.2 You can cancel your subscription at any time. Please note that should you cancel your subscription your site(s) will remain accessible until your subscription ends, upon which time your site(s) will be locked, i.e. become inaccessible. The Company will hold on to your site for 30 days, after which the site and all its contents will be deleted. Neither the Company nor our payment provider can take any responsibility for additional funds taken from your card unless you explicitly cancel your subscription within your payment provider’s admin area.
3.3 Refunds are only provided at the discretion of the Company. If for any reason you wish to apply for a refund, please go to the Company’s contact centre at http://www.bandsitemaker.co.uk/contact.php. As offers may be misused and we wish to make our services as fair as possible, the terms for our money back guarantee are available on request.
3.4 If your account is terminated as a result of your breach of these TACS, the remainder of any payment made by you will not be refundable.
4.1 By completing the registration process as a Member of Band SiteMaker, you are stating that you agree to be bound by all of these TACS.
4.2 In consideration of your use Band SiteMaker, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Band SiteMaker registration form and (b) maintain and promptly update your information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of Band SiteMaker (or any portion thereof).
4.3 You will create a password and receive account designation upon completing the Band SiteMaker registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify the Company of any unauthorised use of your password or account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
5.1 You agree that all information, data, 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 or otherwise transmit via Band SiteMaker.
5.2 The Company does not control the content posted via Band SiteMaker 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 for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via Band SiteMaker.
5.3 You undertake not to use Band SiteMaker to:
a) upload, post, publish, distribute, disseminate or otherwise transmit any content (hereinafter "post") that is unlawful, tortuous, defamatory, harmful or invasive of another's privacy, or otherwise objectionable, including but not limited to material that promotes or provides instructional information about illegal activities or promotes physical harm or injury against any group or individual;
b) upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure agreements);
c) upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary and intellectual property rights of any party, or rights of publicity or privacy of any party, unless you are the owner of such rights or have the permission of the owner to post or transmit such material, including but not limited to offering pirated computer programs or links to such programs;
d) harm minors in any way;
e) create a Member Site containing nudity, or pornographic material, or sexual material of a lewd, lecherous or obscene nature and intent, or material of a vulgar, profane or obscene nature without suitable warning to browsers of the nature of the site prior to viewing the content; The management reserve the right to determine whether a sites content is deemed as acceptable, or that the bandwidth being consumed is reasonable, and the actions of the company where any site breaches this stance.
f) impersonate any person or entity, including, but not limited to, a Band SiteMaker official, Site Leader, Member, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
g) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through Band SiteMaker
h) upload, post or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Band SiteMaker that are designated for such purpose;
i) upload, post or otherwise transmit 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;
j) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of Band SiteMaker are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
k) interfere with or disrupt Band SiteMaker or servers or networks connected to the Band SiteMaker, or infringe any requirements, procedures, policies or regulations of networks connected to Band SiteMaker, or interfering with another user's use and enjoyment of Band SiteMaker, including but not limited to (i) transmitting any material that contains viruses, trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or (ii) attempting to gain unauthorised access to Band SiteMaker, other's accounts on Band SiteMaker, or private mailing lists on Band SiteMaker through password mining or any other means;
l) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, UK legislation such as the Data Protection Act, Consumer Protection Act, or Financial Services Act, or any amendments or replacements of such acts;
m) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
n) collect, store, or distribute personal data about other users without their consent;
o) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "crush" sites;
p) violate any law or regulation (including without limitation those governing export control, unfair competition, discrimination or false advertising); or
q) engage in commercial activities that are deemed inappropriate on Band SiteMaker. As such the Company has the right to remove or bar content/links/sponsorships/affiliate programmes etc that they feel fall into this category.
5.4 In addition the Company in no way endorses or takes responsibility for any goods, services etc that are posted within sites. Any transactions therefore are strictly outside the remit of Band SiteMaker.
5.5 Any correspondence or business dealings with, or participation in activities found on or through Band SiteMaker, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such vendor. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Band SiteMaker.
5.6 The Company also has the right at any time to change its terms regarding commercial arrangements at any time without to prior notice.
5.7 It should be noted that the use of any payment mechanisms, other than those endorsed by the Company are the sole responsibility of the site leader and the Company can take no responsibility for their upkeep, integration, compatibility or otherwise; nor offer advice on these matters
5.8 You acknowledge that the Company does not pre-screen content, but that it has the right (but not the obligation) in its sole discretion to refuse or move any content that is available via Band SiteMaker. Without limiting the foregoing, The Company shall have the right to remove any content that violates the TACS or which is otherwise in its opinion, objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created on Band SiteMaker or submitted to Band SiteMaker including without limitation information in Band SiteMaker discussion forums, bulletin boards, chat areas, news groups message boards, forums, and in all other parts of Band SiteMaker. The Company will have no liability or responsibility for performance or non-performance of such activities. The Company reserves the right to terminate or restrict your access to any or all of the Member Sites at any time without notice for any reason whatsoever.
5.9 You acknowledge and agree 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: (a) comply with any applicable law; (b) enforce the TACS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Company, Band SiteMaker, its users and the public.
5.10 You understand that the technical processing and transmission of Band SiteMaker, 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.
6.1 You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, graphics, video, page layout and design or other material contained in Band SiteMaker or information presented through Band SiteMaker by the Company or by advertisers is protected by ours or their copyright, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that the Company can display images and text throughout Band SiteMaker, including the insertion of sponsor messages into messages distributed on Band SiteMaker mailing lists. If you create a Member Site, you agree to display prominently on your home pa