This agreement represents the complete agreement and understanding between EditMe, its Customers and its Customers' Users. This agreement supersedes any other written or oral agreement and is non-negotiable. EditMe may modify these terms and conditions as well as discontinue or change services offered. This document is under version control, and Customers agree to the version that is current when their EditMe account is created, signified by checking the Agreement box on the sign up form. If EditMe notifies customers via email (trackable via a third party service) of a change to this document, their continued use of the service signifies their agreement to the updated version.
Excluding those listed below, EditMe will not transmit, share or sell customer data to any third party and will not use Customer or User data for any purpose outside of Customer's and User's relationship to EditMe. EditMe may contact customers and users via email regarding important service announcements, and customers may opt-out of these announcements.
Customer and User data may be transmitted to the following EditMe partners:
Customers own and are solely responsible for the content in their site(s), whether content is entered by the Customer or by other Users. EditMe does not impose any license or restrictions upon Customer's ownerhip of content entered by Customers or Users, nor does EditMe accept any responsibility for content entered into sites by Customers or their Users.
Customer ownership does not extend to the design, built-in functionality or documentation provided as part of the EditMe product and service. These are under copyright to EditMe, LLC and may not be copied or reproduced without written permission from EditMe, LLC. In short, the Customer only owns the content entered into their site by themselves or their Users after the site is purchased.
Customers may cancel service immediately at any time by using the Account Management web site. EditMe bills in advance, and the fee for the current month of service is non-refundable. If the Customer has prepaid for 6 or 12 months in advanced, unused full months of service may be refunded upon request via the Contact Center. Cancellation is the Customer's responsibility, and the Customer agrees to pay for services rendered until their site is canceled. When a site is canceled, it becomes immediately unavailable.
EditMe may access customers' sites in order to help or troubleshoot in association with a customer support request. By opening a support request or sending email to support @ editme.com, the Customer agrees to allow EditMe staff full administrative access to their site(s) unless this access is specifically denied in the content of the support request.
On occasion, EditMe may have a need to communicate with its customers through email issues related to billing, as well as changes, additions and modifications to the network. It is the responsibility of the customer to check email sent to the primary login email address on the account and to "white list" firstname.lastname@example.org for this purpose.
It is the responsibility of the customer to notify EditMe of any changes to their account, such as phone number, address, credit card information, etc. Customers will be required to provide verification for security purposes authorizing them to make any changes to that account.
EditMe makes no warranties of any kind, whether expressed or implied, for the service it is providing. EditMe also disclaims any warranty of merchantability or fitness for a particular purpose. EditMe will not be responsible for damages the customer suffers. This includes loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence, Customer's errors or omissions, or due to the fault of third parties.
EditMe will not be held responsible for damages suffered by Users of Customers' sites. The Customer accepts any and all responsibility for Users' relationship to their site, and this relationship, while not transferring responsibility to EditMe, may be clarified with content on their site at the Customer's discretion.
EditMe site's are limited by disk space. Disk space is the total amount of storage required to host Customer uploaded attachments. Page content does not count against allocated disk space. Current use of Disk Space are displayed on every site's Resources settings screen. The EditMe pricing plans offer varying amounts of allocated disk space and bandwidth. See our Pricing page for details.
If a site exceeds its monthly Disk Space allocation, EditMe software will block any further attachment uploads to the site until the plan is upgraded or sufficient content is removed to bring used disk space within the amount allocated by the site's current plan.
As of December 2009, EditMe no longer imposes a hard limit on bandwidth utilization. These limits have been replaced with soft limits intended to prevent extreme uses of EditMe that require considerably more bandwidth than is reasonable for a given plan's price point. The soft limits for monthly bandwidth utilization are as follows:
If a site exceeds its monthly Bandwidth allocation, EditMe staff may contact the Customer and require an upgrade for continued service. Premium Plans may be doubled, tripled, etc. as needed. If the customer cannot be contacted within 24 hours in extreme cases, the site may be disabled until a response is received.
In the event of a recurring billing failure, EditMe's automated billing system emails the contact provided during sign-up. This contact information may be updated using the Account Management web site. It is the Customer's responsibility to ensure that email from email@example.com is received at the provided address. Failed payments are automatically retried for 5 days. After 5 days and 5 failure emails, Customer site(s) will be suspended, replacing normal site content with a message indicating suspension for non-payment. Suspended sites can be reinstated at any time by updating billing information using the Account Management web site. EditMe will not be held responsible for damages incurred by site suspension, whether or not sufficient notice of non-payment has been received. Sites that remain suspended for 90 days are deleted.
EditMe provides instructions for Customers to make their own backups of their sites. All sites are backed up off site in a 10 day rotation, but this service is for EditMe internal use only and is not guaranteed or warranted.
EditMe provides a Service Level Agreement (SLA) for Premium plan sites and optionally for Dedicated plans which guarantee certain parameters of the EditMe service. This SLA covers the following:
Availability is limited to the EditMe service and does not extend outside of EditMe's hosting environment. An Outage is defined as a period during which page loads take 10 seconds or longer, or error conditions prevent a site's content from being displayed. Error conditions caused by customer error are not considered outages.
Support inquiries made through EditMe's Support Forums or Contact Form will be answered within 1 Business Day. For example, a forum post made on a Tuesday at 3PM will have a response by 3PM on Wednesday. Weekends and US holidays are not considered Business Days. A Forum post or email received by EditMe must exist to validate a credit or refund.
If Outages cumulatively exceed 0.1% during a whole month period, customers with qualifying plans may request a credit or refund for 10X the outage amount. For example, if an outage lasts 24 hours, a customer would be credited or refunded for 240 hours or 10 days of service, prorated based on the current monthly fee. Outage refunds must be claimed during the calendar month following the calendar month when the outage occurred. For example, if an Outage exceeded 0.1% during November, a claim must be initiated during December of the same year.
If a support response exceeds 1 business day, customer may receive a credit of 10 days of service for each Business Day beyond 1. For example, a response made 3 business days after the initial support request would be 2 days late and allow for a 20 day credit or refund. Support refunds must be claimed within 30 days of the initial support incident.
A refund will be given only if the customer cancels service as a result of the outage. Customers continuing service will receive a credit towards future service.
Services provided to the Customer by EditMe may only be used for lawful purposes. Transmission or publication of any information, data or material in violation of any U.S. Federal or state regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material or obscene material. EditMe reserves the right to remove any and all materials which infringe on copyrighted work. Such materials may be removed at any time at EditMe's discretion upon receiving a complaint and or notice of copyright infringement.
If EditMe becomes aware of material that could be infringing on a third party's copyright, it will initiate an investigation. To conduct an investigation of copyright infringement, the Complainant must submit at least two items. First, Complainant must submit a claim in writing with the applicable copyright or trademark registration number and a copy of the underlying copyrighted work along with the Customer's materials. Second, Complainant must offer a good faith certification signed under penalty of perjury. This certification must state that the work is the property of the Complainant, that the work has been copied and that use of the work is not defensible. With this information in-hand, EditMe, at its discretion, may at any time deny access to or delete the challenged material of Customer.
Customer agrees to defend, hold harmless and expeditiously indemnify EditMe from any liability, claim, loss, damage or expense arising out of the indemnifying party's breach or violation of any covenant contained in this Agreement and resulting from the Customer's and User's use of the service. In the event that EditMe is held liable for damages to Customer, amount shall not exceed total amount paid to EditMe by Customer.
EditMe reserves the right to cancel and/or refuse service for any reason without prior notice. Cancellation refund policies specified in this Agreement apply to existing service that is canceled for any such reason.
Email tools built into EditMe are intended for communication with registered site users about the site content or project the site was created to manage. EditMe is not an email marketing platform and use of EditMe's email tools for email marketing is strictly prohibited.
Any violation of the CAN-SPAM act may result in immediate cancellation of Customer site(s). Customer agrees not to utilize the EditMe service or domain in connection with the transmission of the same or substantially similar unsolicited message to 50 or more recipients or eight or more newsgroups in a single day. Customers responsible for violating this clause of the EditMe Usage Agreement will be fined $200 per message. Payment by Customer under this provision shall not prevent EditMe from seeking other legal remedies against Customer.
Customer agrees not to transmit, promote, or otherwise make available any software, product or service that is either illegal or designed to violate this Agreement. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements (i.e. "spamware") and services which send unsolicited advertisements.
EditMe requires that its agreements be made with a person who is qualified to contract. As such, Customer must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and enclose the proper payment. EditMe cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not at least eighteen (18) years of age.
Customer shall ensure that its use of EditMe's network services shall not disrupt EditMe, its associated networks or equipment forming part of the systems. Any such disruption is cause for immediate discontinuation of service.