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GRIOTSITES WEB HOSTING & DESIGNS™
THIRD-PARTY TEMPLATE SERVICE AGREEMENT
Last Revised: November 23, 2016

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
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OVERVIEW

This Templates Service Agreement (this “Agreement”) is entered into by and between Griot International, LLC, an AZ individual ("GriotSites Web Hosting & Designs™") and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of GriotSites Web Hosting & Designs™’ Templates being offered (“4500 Free Templates” or cPanel Templates”).

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with (i) GriotSites Web Hosting & Designs™’ Universal Terms of Service Agreement, and (ii) any plan limits, product disclaimers or other restrictions presented to you on this Terms of Services web page of GriotSites Web Hosting & Designs™ Web Property (this “Site”), both (i) and (ii) of which are incorporated herein by reference.    

The terms “we”, “us” or “our” shall refer to GriotSites Web Hosting & Designs™.  The terms “you”, “your”, “User”, "Client", or “Customer” shall refer to any individual or entity who accepts this Agreement and/or uses the Services.  Unless otherwise specifically provided in this Agreement, nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

You acknowledge and agree that (i) GriotSites Web Hosting & Designs™, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site, and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised.  If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site.  In addition, GriotSites Web Hosting & Designs™ may occasionally notify you of changes or modifications to this Agreement by email.  It is therefore very important that you keep your shopper account (“Shopper Account”) information, including your email address, current.  GriotSites Web Hosting & Designs™ assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.

DESCRIPTION OF SERVICES
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Free Templates offered by GriotSites Web Hosting & Designs™ are third-party pre-built site samples offered in raw HTML code, and often in a ZIP file that includes any accompanying graphics. These pre-built site designs are offered to assist customers in producing Site Properties for those who either don't have time to build a Web Property, can't afford to have one developed, or lack the necessary skills needed to develop an online presence. This document explains in details information concerning our third-party templates.

Templates are properties of their respective owners, so troubleshooting them are out of the scope of
GriotSites Web Hosting & Designs™.

Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any template purchases and the use of goods or services with the specific third party provider with whom you are dealing.

Third Party Providers
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GriotSites Web Hosting & Designs™ does not make any representations or warranties regarding, and is not liable for the quality, availability, or timeliness of goods or services provided by a third party provider. We are not responsible for the delivery of or the condition of third-party Templates. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.

Because templates being offered via GriotSites Web Hosting & Designs™ are a non-GriotSites product, we do not offer ANY troubleshooting advice/help/assistance/support regarding Free Templates. We are not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

GriotSites Web Hosting & Designs™ as Reseller or Licensor
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GriotSites Web Hosting & Designs™ may act as a reseller or licensor of certain third party templates used in connection with the Services ("Non-GriotSites Products"). GriotSites Web Hosting & Designs™ shall not be responsible for any changes in the Services that cause any Non-GriotSites Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-GriotSites Products, either sold, licensed or provided by GriotSites Web Hosting & Designs™ to you will not be deemed a breach of GriotSites Web Hosting & Designs™' obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-GriotSites Product are limited to those rights extended to you by the manufacturer of such Non-GriotSites Product. You are entitled to use Free Templates, a Non-GriotSites Product supplied by GriotSites Web Hosting & Designs™ only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-GriotSites Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-GriotSites Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.

Third Party Web Properties
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The Services may contain links to other Web Properties that are not owned or controlled by GriotSites Web Hosting & Designs™ ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party's terms and policies, including privacy and data gathering practices of any Web Property to which you navigate.

Receiving Templates Offered Via GriotSites Web Hosting & Designs™
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As of January 1st, 2017, Free Templates will no longer be offered in the cPanel due to a software update. Clients still operating on the old cPanel version will update automatically by the end of January, 2017. Free Templates can still be requested by emailing websites@griotsites.com. All requests must be made from the primary email address of the primary account holder. Once an email is verified as "active" in our system, a zipped copy of the Free Templates will be emailed to the primary email address.

Please Remember These Key Points;

Only one (1) zipped file with the Free Templates will be emailed to the primary account holder. A $25 processing fee will be assessed for requests to send additional copies of the zipped file to the primary account holder, so, it is suggested to back up the email that contains the FREE TEMPLATES as soon as they are delivered.

Free Templates are considered an "as is", non-GriotSites product, therefore, are not covered under any GriotSites Web Hosting & Designs™ Terms of Services, warranties, or obligations. 

GriotSites Web Hosting & Designs™ has no contact information to the creators of the many Free Templates being offered via our designing firm.

Free Templates are not created by GriotSites Web Hosting Designs™, so copies of the templates being offered may be seen or are being used by others on the internet.


Integration With Griotsites Web Hosting Platform; Ownership Of Web Properties
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The websites created using GriotSites Web Hosting & Designs™ third-party templates are compatible with most of our cPanel functions. To use the free templates, view the steps here. The "template" steps are general and are created in html coding. It is recommended that basic html knowledge be used in utilizing the Free Templates.


Content License
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By uploading content for your website, you grant GriotSites Web Hosting & Designs™ an unrestricted license (i) to use the content for the purpose of including in your website to display screenshots of any Web Property created using templates (being offered via our designing firm) in marketing materials, or in other manners as determined by GriotSites Web Hosting & Designs™ in its sole and absolute discretion.  In addition, you represent and warrant to GriotSites Web Hosting & Designs™ that (a) you have all necessary rights to distribute such content, either because you are the author of the content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the content, and (b) you do not violate the rights of any third party.  As used herein, “content” shall include without limitation any text, software, widgets, applications, scripts, source code, API, photographs, illustrations, images, graphics, sounds, music, audio, video and interactive features (and the trademarks, service marks and logos contained therein). You acknowledge and agree that content you publish via selected Templates is available and delivered to the World Wide Web immediately. 

Deleted/Moved/Lost Web Page Files
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Web Files created using Free Templates are automatically stored on our servers after they are published.  Websites/web pages created by Free Templates that are deleted/moved/lost can be retrieved for a $35.00 fee, and could take up to 7 business days to restore. GriotSites Web Hosting & Designs™ provides the platform to publish websites/Web Properties to the net, and holds no responsibility for any websites/web pages created by anyone/entity/firm using our platform. GriotSites Web Hosting & Designs™ reserves the right to reject/refuse/take down any websites created using Free Templates that violate our Terms of Services.

Analytics Data and Reports for Templates
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Subject to the terms and conditions of this Agreement, we grant You a limited, revocable, non-exclusive, non-sublicensable license to use the cPanel's analytics (“Analytics”) solely as necessary for You to use the Analytics on websites created using templates offered via GriotSites Web Hosting & Designs™ as well as all websites created using templates and site builders being offered via GriotSites Web Hosting & Designs™; and (b) You may access and view reports through Your GriotSites Web Hosting & Designs™ cPanel. The Analytics will allow you to track Your visitor's IP address, time of visit, header information and location (“Data”). You will comply with all applicable laws and regulations in Your use of and access to the Analytics Data and reports. GriotSites Web Hosting & Designs™ and its wholly owned subsidiaries may retain and use, subject to the terms of its privacy policy, Data collected by the Analytics. You will not (and will not allow any third party to) use the Analytics to track, collect or upload any data that personally identifies an individual (such as a name, email address or billing information), or other data which can be reasonably linked to such information. You will have and abide by an appropriate Privacy Policy and will comply with all applicable laws, policies, and regulations relating to the collection of information from visitors. You must post a Privacy Policy and that Privacy Policy must provide notice of Your use of cookies that are used to collect Data. You must disclose the use of Analytics, and how it collects and processes Data.

Free Template Limitations
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TLDs
(Top Level Domains).  You acknowledge and agree that your site property(s) will be subject to any and all content (or other) restrictions specific to the top level domain (“TLD”) with which it is associated.  If you have more than one Web Property located within the assigned cPanel account, only the site property associated with the TLD in question will be affected by such limitations. 

Coming Soon Pages  “Coming Soon Page” must be displayed on working projects so that the domain name is not pointing to a dead link. GriotSites Web Hosting & Designs™ provide options to quickly display a "coming soon page" in less than 5 minutes. These options are provided for customers who are not yet ready to build their site property. You acknowledge and agree that if you select the “Coming Soon Page” option, you will have a more limited selection of design and color combinations because templates have limitations.

1. cPanel offers 3 templates to quickly publish a "coming soon" page to the TLD that will be associated with the finished site. These templates can be found in the "site publisher" area of the cPanel. GriotSites Web Hosting & Designs™ does not offer designing suggestions or template troubleshooting.

2. There are some templates being offered by the site builders to be used to quickly publish a site with little to no skills. These templates are located within the site builders themselves. Questions regarding the templates or tools of the site builders being offered must be directed at the owners/creators/licensors of the respected site builder being offered via GriotSites Web Hosting & Designs™.

Instant Publication.  You acknowledge and agree that you have the ability to preview either initial design selections or subsequent design changes to your website before they become live.  Accordingly, we encourage you to carefully preview your (i) background, (ii) text, (iii) layouts, (iv) widgets, and (v) colors carefully at each step by utilizing the "preview" function found in some of our offered templates.

OTHER GRIOTSITES WEB HOSTING & DESIGNS™ PRODUCTS AND SERVICES
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If you purchase a template being offered via GriotSites Web Hosting & Designs™ , your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the product-level agreements for any other GriotSites Web Hosting & Designs™ products and services included with Website Builder, such as GriotSites Web Hosting & Designs™’ (i) Workspace Service Agreement, and (ii) SSL Certificate Service Subscriber Agreement located here, which are incorporated herein by reference. Additional information regarding our Website Builders can be found here.

THIRD-PARTY IMAGES AND SOFTWARE
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Definitions and Scope.  As part of the Free Templates, you may be allowed to use certain (i) photographs, illustrations, or other images (“Images”) and/or (ii) software, widgets, or other applications (“Software”) developed, owned, or licensed by third-party providers as GriotSites Web Hosting & Designs™ may contract with from time to time.  If the Images/Software are accompanied by or require consent to a license agreement from the third-party provider, your use of the Images/Software is subject to the terms and conditions of such license agreement, which are in addition to (not in lieu of) the terms and conditions of this Agreement.

Terms and Conditions Applicable to all Images/Software 

You acknowledge and agree that (i) the Images/Software are neither sold nor distributed to you and you may use the Images/Software solely as part of the Free Templates being offered via GriotSites Web Hosting & Designs™; (ii) you may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Images/Software; and (iii) you may not modify, reverse-engineer, decompile, disassemble, reverse compile, create derivative works of or attempt to derive the source code from the Images/Software.

GriotSites Web Hosting & Designs™ may provide your personal information to third-party providers as required to provide the third-party Images/Software, including, but not limited to, the domain name associated with the Website Builder.  GriotSites Web Hosting & Designs™ reserves the right to modify, change, or discontinue provision of the Images/Software at any time, and you agree to cooperate in performing any steps necessary in connection therewith.

GriotSites Web Hosting & Designs™ makes no representations or warranties about any third-party Images/Software offered in connection with Free Templates, and expressly disclaims any liability or responsibility regarding the same.

You acknowledge and agree that you will protect, defend, indemnify and hold harmless GriotSites Web Hosting & Designs™ from and against any and all claims imposed upon or incurred by GriotSites Web Hosting & Designs™ directly or indirectly arising from your use or misuse of the third-party Images/Software.  You acknowledge and agree that the providers of the third-party Images/Software are third-party beneficiaries to this Agreement for purposes of enforcing their rights under this Agreement.

Additional Terms and Conditions Applicable to MapQuest.  You acknowledge and agree that you will not (i) record, save, archive, store, create a database of or otherwise copy in any manner any map and/or driving directions (or any portion thereof) other than as may be necessary to generate such map and/or driving directions to view and print them on a temporary basis; (ii) sublicense, lease, rent, assign, distribute, repackage, rebrand, or otherwise transfer or disclose any map and/or driving directions to any third party; or (iii) cause, assist or with knowledge permit any third party to do any of the foregoing.

Additional Terms and Conditions Applicable to eBay. You acknowledge and agree that you will comply with the eBay Developers Program & API License Agreement located here, which are hereby incorporated by reference. You acknowledge and agree that eBay owns all rights in the Developers Program intellectual property as described in the Developers Program & API License Agreement.

Additional Terms and Conditions Applicable to Google Maps
. You acknowledge and agree that your use of Google Maps is subject to the terms of service located here which are hereby incorporated by reference.

Additional Terms and Conditions Applicable to BaseKit Web Builder. You acknowledge and agree that if you utilize the BaseKit Web Builder you are subject to BaseKit's Terms of Service, located here,  which are hereby incorporated by reference.

Additional Terms and Conditions Applicable to Parallels Plesk SiteBuilder. You acknowledge and agree that your use of Parallels Plesk SiteBuilder is subject to the terms of service located here, which are hereby incorporated by reference.

TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
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The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.  Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement.  If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

DEFINITIONS; CONFLICTS
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Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement.  In the event there is a conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service Agreement, the provisions of this Agreement shall control.  


Revised: 11/23/16
Copyright © 2007-2017 All Rights Reserved.
 
 
 
 
 
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