Terms of Service

Last modified: 03 March 2009

These terms of service apply to all products, services and websites offered by the owner of structurl™ / structurl.com™, its agents, related service sites (including but not limited to structurl.org and structurl.net) and affiliates; collectively, structurl's “services”.

Your use of any of structurl's services constitutes acceptance and agreement to these Terms of Service and the Fair Usage Policy included here in. You hereby agree to use the services within the context of these terms of service. If it is found that you are violating any of these terms then we reserve the right to terminate your account without notice or refund. The Terms "Us", "I", "We", "the Owner", "structurl" and "structurl.com" all refer to the owner and operator of the site structurl.com and the trademark "structurl". structurl application / web application / or software solution or similar is defined as software / applications designed and developed by the owner.

Any questions regarding this policy can be directed to us through our website or email support [@] structurl.com

These terms will be in force for the life of your use of the services.

Software License

Applicable to any use of our services which include a structurl application / web application / or software solution, such as structurl se, limit your license and rights as follows.

Nothing in these terms should be interpreted as a right to use or gain access to the code or the program / software solution.

While this software and it's relevant code files, collectively referred to as 'the code' is deployed on a web server or other location chosen by the use or our agents or other, the code remains the property of the owner and no rights are given or transferred to you, nor the owner of the web server or it's staff, associates or other entities whatsoever.

Your use of our services to host any of the applications / web applications / software solutions which are software products developed by us gives you no rights to that source code or programs whatsoever. Should you elect to terminate your services with us, you will under no circumstances be given the application / software or it's source code or the database which holds any data for use by the application / source code; these remain the property of the owner.

You may not:

* work around any technical limitations of the software

* produce works which may be derived from the software or its code

* publish the software or it's code files or database(s) for others to copy

* modify the software or its code

* distribute the software or its code

* make backup copies under any circumstances

* sell the software or misrepresent that the software is yours to modify, distribute or sell

You are granted no rights to include the software or it's code files in other works, nor are you granted rights to use, offer to sell, sell, import, transfer the software or transfer rights to use under any circumstances whatsoever.

No rights are granted to you to use any products names, trademarks or any other marks whatsoever.

The owner and its agents shall in no event be held liable for any damages.

YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, LOSS OF USE OR DATA OR BUSINESS INTERRUPTION.

This limitation applies to:

* anything related to the software, including bugs/defects or technical limitations, and also includes service agreements or service levels which may or may not be associated with the hosting provider (the web host) over which the owner may or may not have control.

* claims for breach of warranty, breach of contract, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

This software is provided "AS IS", without any express or implied warranties.

Upon termination of your use of our services, you will no longer have access or be allowed access to the application / web application / software solution or related data.

The application / web application / software solution MUST show in the bottom right corner of the footer of each web page or user interface dialog either a hyperlink to http://structurl.com with caption / text "structurl", "site by structurl" or as defined by the owner OR the applicable application / web application / software solutions logo which acts as a hyperlink to http://structurl.com. This however does not give you rights to those terms or trademarks or any rights to assume or imply an affiliation with the owner or structurl.

Note that certain components within the software may contain OPEN SOURCE libraries which have their own terms and licensing restrictions.

Access to the Back End / Control Panel

Use of our services which include a structurl application / web application / or software solution, such as structurl se, limit your rights to access the back end / control panel / CPANEL / Web Hosting Panel as follows.

You will have no access, nor will you be given access under any circumstance to the back end / control panel for your hosting account. You will have no access to files or folders or data on the server through any means but the structurl applications admin panel eg structurl se control panel. There will be no access to SSH or FTP. The use of a structurl application gives you access to the structurl se admin panel where applicable, and no more. You agree that under no circumstances will you be given access or rights to access the hosting account control panel.

Should you wish to make a change to a MX entry, an email account if applicable or any other hosting feature not expressly described here, you will log a support call at support [@] structurl.com and we will assist you where possible and reasonable using that medium.

Payments for services

* Payment is required in advance. Payment periods are by default for a 1 month period, automatically renewed for an additional month every month thereafter until such time as your choose to cancel the service. Should other periods be available, those periods will be discussed and agreed to via a contract between us and you.

* Payment for each month or period must occur before usage for that month/period. Should payments not be received within 15 days your account will be put on hold. Non Payment for 60 days will result in cancellation of your account and any data or information stored by us may be deleted without notice.

* Services requiring an initial setup fee will be billed as part of the first bill cycle.

* Some services may provide additional features at an higher price. You may elect to upgrade at any time. Under certain circumstances, where the prevailing license agreement allows, you may be allowed to downgrade, however this is at the discretion of the owner.

* We reserve the right to change prices at any time.

* You agree that you will not withhold payment for services under any circumstances whatsoever. Non payment may result in termination of your account and services.

* No refunds are given whatsoever.

Cancellation / Termination

* Cancellation of the service requires a 7 day notice period. No refunds or part refunds for the amount due for a period will be given under any circumstances. The cancellation letter must state your final date of use of our services, or we will assume 7 days from date of receipt of the letter.

* Cancellation of the use of a service must be done via email or written correspondence / fax.

* Setup fees where applicable are non refundable.

* Once an account is cancelled all data associated with the account may be removed / deleted.

Termination

* We reserve the right to suspend or cancel an account at any time, without notice and for any reason.

* We reserve the right to terminate or suspend an account or use of an account if in our sole discretion we find that you may have breached these terms of service.

* Once an account is terminated all data associated with the account may be removed / deleted.

Contact Information

You are required to provide us with up to date contact information, including an email address for service of notices and correspondence. We record that the information you provide us is accurate and cannot be held responsible should you not receive notices or correspondence should the information be inaccurate.

BETA / Free Accounts

We may, at our sole discretion, offer limited time or limit-feature offers by invitation only. We may, at our sole discretion, also provide free accounts by invitation or otherwise for free without requirements for payment. We reserve the right to cancel these accounts at any time. We reserve the right to request payment, with notice to you, after which your account may be cancelled should you not adhere to the change in request for payment of services.

We may also, at our sole discretion, offer open or close BETA offers to provide early access to our new solutions. We reserve the right to cancel or terminate these open or closed BETA offers at any time, the result being that your account, data and access to the services in question may be withdrawn.

We reserve the right to not have to enter into correspondence as to the reasons for these decisions.

Export of Data

Use of our services which include a structurl application / web application / or software solution, provides you with NO features or functionality to export your data.

Should your use of our services be terminated, cancelled or otherwise, structurl hereby explicitly states that it makes no provision for the export of data, content, images, pictures or any other data. You are given no access to or backups of any databases which may store your data under any circumstances.

Web site design Services : Custom Themes / Styles

Depending on the level of service provided for structurl se or any other custom developed structurl application / web application / or software solution, you may have the option to employ our services to design a custom theme for structurl se or any other custom developed structurl application, i.e. a product developed by the owner.

These custom themes and web site design services will be provided based upon your reasonable expectations. These web site design services will be billable at a set rate which will be provided to you at the time of request for proposal. You will have 1 session allocated to determine requirements and 1 round of site updates/revisions after the theme is agreed to and spec'd.

You will be billed at an hourly rate for any reasonable changes you wish to make to the structurl se theme after the 1st round of updates. Alterations and further revisions are billable. The theme will then be designed and implemented according to a project plan based on time estimates provided by the owner.

Your publication of the website running structurl se and the theme will constitute your acceptance of the theme and satisfaction with the services relating thereto.

We reserve the right to not accommodate unreasonable requests.

There will be no refunds for cancellation of web site design services.

The owner reserves the right to deny the design of themes that may be in poor taste or violate other terms of services.

Web site design Services : Subscription, copyright and ownership

You must maintain your subscription to continue use of the web site design services / theme, as defined under Payments for Services.

The service, the resulting product ( theme / web site design ) and all copies belong to the the owner of structurl. Your payment for a theme does not give you any rights to the source files / scripts used to create these themes. The services, resulting product ( theme / web site design ) are protected by copyright laws in the United States and other countries. You are granted the right to use the service and resulting product only during the period you are subscribed for use of the service. Cancellation / Termination of your account / subscription will result in termination of your right to use the service and the theme designed. You are granted no rights to the product, the services or the theme, nor to any structurl patents, trademarks or copyright works.

The owner claims no rights over any trademarks you may own or which you may wish to include in the theme.

Use of Services / Fair usage

* If you are provided with email services (Email / MX Hosting etc) note that Bulk Emailing is limited to the Terms of Service of the Host. This information can be provided to you upon request. Email marketing is limited to bulk email policies of the host and that information can be provided to you upon request. Safely assume that you may send no more than 200 emails within a 24 hour period. This information will be explicit in your written agreement from us. Please do not abuse these services as they can bring down use for other customers which may cause your account to be terminated.

* You are required to use your account responsibly, in consideration for other users who may share the same hosting space / bandwidth.

* You agree that the you will not exceed the bandwidth and disk usage as stipulated on the website or other agreement provided by structurl. You will not use more than 30% of the systems resources for longer than 1 (One) minute. Should your site become a high traffic site or if your site uses high volume queries which result in excessive bandwidth usage, CPU usage or memory usage, your account may become suspended and your service may become unavailable until such time as you have taken corrective action to resolve the cause of the problem. We reserve the right to suspend your account or service should it be found that it could affect our services or other users services or general quality of service of the host.

* You agree that should your site become a high volume / high traffic site you may need to upgrade your hosting plan, which we will then provide for you, and you agree that you may have to pay higher fees for each period you continue to use our services as a result of this upgrade.

* You agree that you may also be billed for excessive bandwidth at a fixed cost per Gigabyte.

* You will not interfere with the services of any other user where applicable or the data, systems or servers used to host these services.

Trademarks / Copyright

You are granted no rights whatsoever to the terms structurl, structurl.com or any other trademark as described in the structurl trademark policy document which you may view at http://structurl.com/trademark-policy. Should it be found that you are infringing upon any rights relating thereto, you may face legal action as enforceable by law.

Our policy is to follow the guidelines of The Digital Millennium Copyright Act ("DMCA") as set out in its rules.

You will not falsely imply any association or affiliation with structurl, nor will you use our names, trademarks or service marks without express written permission.

Service Levels / Up-Time

Service levels are provided by the web hosting provider. If we find at our sole discretion that any web host provides us with service levels which may be poor or we interpret as poor, at our sole discretion, we will then elect a new hosting provider for continued provision of our services. You may experience down time in this event and we will make a good faith effort to inform you of changes to your account as it relates to the hosting provider.

You accept that reasonable Service levels may not apply during maintenance periods or inability to access applications or services should your account be suspended or not in good standing.

You hereby expressly agree that you will not hold back payment due to Service level related matters, under any circumstances whatsoever. You may not choose or administer a hosting provider or hosting account under any circumstances. Hosting and access to the hosting control panel is limited to the owner and its agents.

Knowledge and Expertise

Use of the services may require a working knowledge of the Internet, its protocols and programming languages. We will not assist or teach in these matters. We may provide consulting to you for a fixed period at a cost which can be formally quoted should you require assistance.

Ownership of Website

If you purchase a hosting package - if available - from us and do not use a structurl application / web application with that package, any source code which you upload to it is assumed to be your own, and we assume no rights over that code.

If you purchase a service consisting of structurl se, you understand the terms as a whole with particular emphasis on those terms as described in Software License and Web site design Services : Custom Themes / Style. You are granted no rights to the product, the services or the theme, nor to any structurl patents, trademarks or copyright works.

Hosting: Programs

We do not allow programs to run continously in the background on hosting accounts. IRC and / or IRC bots are not allowed on our servers. Proxy services are also not allowed on our servers.

Marketing

You agree that we may use your given name and site as reference during the term of this agreement.

Legal / Prohibited Use

The services provided to you, as well as the servers which may host these services may be used for lawful purposes only. Any illegal activities are strictly prohibited. Examples of illegal use include but are not limited to: transmission of child pornography, trademark / copyright violation, adult oriented sites, mp3 or illegal file sharing, distribution of weapons of mass destruction, prohibited chemical, biological, or nuclear weapons or missile use.

We may reveal any information required by law enforcement or other legal process.

You agree that your use of these services will not violate US Export laws, and that you are not located in or under control of, nor are you a nation or resident of a country restricted by US Law.

Disclaimer and limited liability

The owner reserves all rights.

You agree that if the owner does not exercise or enforce any legal right or remedy which is contained in the Terms (or which the owner has the benefit of under any applicable law), this will not be taken to be a formal waiver of the owner's rights and that those rights or remedies will still be available to the owner.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

The Terms, and your relationship with the owner or its agents under the Terms, shall be governed by the laws of the Republic of South Africa without regard to its conflict of laws provisions. You and the owner agree to submit to the exclusive jurisdiction of the courts located within the Republic of South Africa to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that the owner shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. The owner reserves the right to change his choice of location or jurisdiction without having to update this notice.

Limitation on and exclusion of damages

Liability is hereby expressly limited to the amount paid - in US Dollars - for a license to use the software for a period of 1 month, for example, if you pay a monthly license fee, your maximum claim can be the price of a single months usage of this program / software / hosting solution.

The owner and its agents shall in no event be held liable for any damages.

YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, LOSS OF USE OR DATA OR BUSINESS INTERRUPTION.

This limitation applies to:

* anything related to the software, including bugs/defects or technical limitations, and also includes service agreements or service levels which may or may not be associated with the hosting provider (the web host) over which the owner may or may not have control.

* claims for breach of warranty, breach of contract, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

This software is provided "AS IS", without any express or implied warranties.

Bugs/ defects found in the software give no right for non payment for use of the services.

Some information may be posted by other users, such as posts in forums, over which we have no control.

Any information, tips, or help offered in the forums, blog posts, wiki, tips or support pages as well as the more general areas of our main site structurl.com and the related service sites are provided "AS IS". You use this information at your own risk.

Indemnification

You agree that you will defend, indemnify, save and hold harmless structurl, its agents, customers, officers and employees, from any and all demands, liabilities, losses, cost and claims (including reasonable attorney's fees) that may arise or result from:

* Your use of our services

* Services you provide which may be based on our services.

* Any unlawful or excessive use by any other customer of structurl which may violate these Terms of Service.

You use our services of your own choice and agree that we are not responsible for any use of our services by yourself. You also agree to indemnify us against any of the effects of your use or misuse of our services, or claims resulting from that use or misuse.

We will make a good faith effort to provide reliable access to our services, however you agree that you cannot be compensated and you cannot hold us responsible for any effects as a result of loss of service or as result of suspension of service for any reason whatsoever. Acts of God, war, terrorism, any form of natural disaster, or any circumstances beyond structurls control cannot be use as reasons to hold structurl liable for lack of service or lack of performance for any services offered whatsoever.

You are responsible for any content or data you store with our services. We cannot be held responsible for any loss of this material under any circumstances whatsoever. Certain features of our services such as but not limited to the application structurl se may require a knowledge of HTML. Should you require us to modify / change / enhance content using the structurl se control panel for you, you expressly agree that you ask us to do so and that you have no rights or recourse should the resulting content changes be error-prone or otherwise of a standard which you may or may not find acceptable. You agree that our assistance in matters of content markup is entirely at your own risk.

You explicitly agree that should you make changes to your content markup or configuration settings stored in the services using any application, such as the structurl se control panel, and that these changes break / change / modify the running of that application, that you will make no claims resulting from those changes. We make no promise that we will be able to restore the previous version of the content, nor do we take responsibility for any changes you make to the content. If you are not familiar with HTML you should make no changes whatsoever.

You will not disclose your user name, password or any other account information to any other party, nor will you assign, sell or transfer rights to your account to any other party. Doing so may result in termination of account.

General Use of Web Site(s) or services

Your use of the forums, blog posts, wiki, or any other information, tips or support pages as well as the more general areas of our main site structurl.com and the related service sites constitutes your agreement and acceptance of these Terms.

Note that some services may not be available in certain countries.

structurl has no obligation to monitor your use of the services, but reserves the right in it's sole discretion to do so.

Changes to these Terms

Changes may be made to these from time to time at the sole discretion of structurl and its owner. We will attempt to inform you of those changes, however the responsibility remains with you to regularly check this document to ensure that you remain up to date with the changes. Your continued use of any of the services after the date of modification will constitute your acceptance of such changes.