StudioPress.com is owned and operated by Rainmaker Digital, LLC and its successors and/or assigns, collectively “Rainmaker”, “we”, “us” or “our.”
Rainmaker agrees to furnish services to you (“Subscriber”) subject to the following Terms of Service. Use of Rainmaker’s StudioPress services constitutes acceptance and agreement to these Terms of Service.
We periodically update these Terms of Service, and let Subscribers know by email. However, Rainmaker reserves the right to modify these Terms of Service without notice.
1. Use of Services
You may use our services (the “Service”), provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of the United States or other jurisdictions. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify Rainmaker of any unauthorized use of your account or any other breach of security. Rainmaker will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.
2. Acceptable Conduct
You are responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using Rainmaker. You will not engage in any activity that interferes with or disrupts Rainmaker’s services or networks connected to any of our services.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not Rainmaker, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Rainmaker 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 Rainmaker 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.
3. Prohibited Usage
You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that Rainmaker will impose fees; and/or pursue civil remedies without providing advance notice.
Misuse of System Resources: Intentional misuse of system resources, including but not limited to employing programs that consume excessive network capacity, CPU cycles, or disk IO.
Spam and Unsolicited Bulk Email (UBE): Rainmaker has a zero tolerance policy on spam, Junk E-mail or UBE. Spam, Junk-mail and UBE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested the message. UBE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Rainmaker’s services whether or not the message actually originated from our network.
Mailing Lists: Our mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal of recipients with non-distribution in the future.
Access to Other Computers or Networks without Authorization: Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.
Our services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights; uploading, posting, emailing, transmitting or otherwise making 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 or harmful to minors in any way. Rainmaker’s services may not be used to facilitate infringement of these laws in any way.
Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of Rainmaker or our Subscribers.
Providing False Data on any Contract or Application: This includes fraudulent use of credit card numbers and identity theft.
You acknowledge that Rainmaker may or may not pre-screen Content, but that Rainmaker and its designees shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Rainmaker and its designees shall have the right to remove any Content that violates the TOS or is otherwise 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, including without limitation information in message boards and in all other parts of the Service.
You acknowledge, consent, and agree that Rainmaker may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Rainmaker, its principals, employees, associates, affiliates, users, and 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 understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Rainmaker and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
All logos, product, and service names related to these TOS are trademarks of Rainmaker Digital (the “Rainmaker Digital Marks”). Without Rainmaker Digital’s prior permission, you agree not to display or use in any manner the Rainmaker Digital Marks.
4. Invoicing and Payment
You agree that Rainmaker shall be permitted to charge your credit card on a monthly, quarterly, annual, or other agreed upon basis in advance of providing services. Payment is due upon invoicing, or upon the recurring date of your initial credit card charge. Service may be interrupted on accounts that reach 8 days past due.
Subscriber is aware that Rainmaker may change the specified rates and charges from time to time. If your StudioPress Site traffic grows to a point that it requires a higher payment rate, we will let you know in advance.
Rainmaker is not responsible for any additional bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by Rainmaker. Currency exchange settlements will be based on agreements between you and the provider of your credit card.
5. Support Boundaries
Rainmaker provides 24 x 7 technical support to our subscribers via our Support Ticket system. The following are our guidelines when providing support: Rainmaker provides support related to your StudioPress Site being up and running from an infrastructure standpoint. Rainmaker does not offer technical support for application specific issues such as application configuration, CGI programming, web or mail server configuration, or any other such issue. Rainmaker does not provide general technical support.
6. Account Cancellation or Suspension
Rainmaker reserves the right to suspend service to any Subscriber for any or no reason, with reasonable notice as outlined below. Rainmaker also reserves the right to suspend network access to any Subscriber if, in the judgment of the Rainmaker network administrators, the Subscriber’s server is the source or target of a violation of any of the other terms of service or for any other reason which Rainmaker chooses. Rainmaker will use reasonable care in notifying the Subscriber and in resolving the problem in a method resulting in the least amount of service interference. Rainmaker reserves the right to terminate service without notice for continued and repeated violations of the terms of service. If inappropriate activity is detected, all accounts of the Subscriber in question will be deactivated until an investigation is complete. Prior notification to the Subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The Subscriber will not be credited for the time the Subscriber’s machines were suspended.
If at any time it becomes necessary for Rainmaker to cancel a Subscriber’s service without cause, Rainmaker will provide 30 days advance notice.
You may cancel the service at any time by using the “Cancel” link located on the “Account and Billing” section of the My.StudioPress Portal. Accounts are canceled immediately after confirmation. Cancellation of service does not relieve Subscriber of responsibility for the payment of all accrued charges.
If Rainmaker assigns Subscriber an Internet Protocol address for Subscriber’s use, the right to use that Internet Protocol address shall belong only to Rainmaker, and Subscriber shall have no right to use that Internet Protocol address except as permitted by Rainmaker in its sole discretion in connection with the Services, and only during the term of this Agreement. Our allocation of IP addresses is limited by ARIN’s policies. These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses when the protocol supports name-based virtual hosts. What this means to you is that you MUST use name-based hosting where possible.
8. Limitation of Liability
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Rainmaker, and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that Rainmaker shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Rainmaker. Subscriber further acknowledges that Rainmaker’s liability for its own negligence may not, in any event, exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall Rainmaker be liable for any special or consequential damages, loss or injury. Rainmaker is not responsible for any damages your business may suffer. Rainmaker does not make implied or written warranties for any of our services. Rainmaker denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Rainmaker.
9. Disclosure to Law Enforcement
The Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that Rainmaker may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the Subscriber. In addition, Rainmaker shall have the right to terminate all service set forth in this Agreement.
10. Warranty Disclaimer
You agree that your use of Rainmaker shall be at your sole risk. All services provided by Rainmaker are available as is, without warranty.
By agreeing to the Rainmaker Terms of Service, Subscriber indemnifies Rainmaker for any violation of the Terms of Service that results in loss to Rainmaker or the bringing of any claim against Rainmaker by any third-party. This means that if Rainmaker is sued because of a Subscriber’s or a Subscriber of a Subscriber’s activity, the Subscriber will pay any damages awarded against Rainmaker, plus all costs and reasonable attorney’s fees.
12. Rainmaker Digital Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as otherwise provided or expressly authorized by Rainmaker Digital, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part.
13. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Service (including your membership ID), use of the Service, or access to the Service.
You agree that Rainmaker may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Rainmaker’s media outlets such as studiopress.com and copyblogger.com.
The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Rainmaker and govern your use of Rainmaker services, superseding any prior agreements between you and Rainmaker for the use of Rainmaker services.
Choice of Law and Forum
The Terms of Service and the relationship between you and Rainmaker shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You and Rainmaker agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Boulder, Colorado.
Waiver and Severability of Terms
The failure of Rainmaker to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service 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 party’s intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Rainmaker services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.