Terms of Use for the download and use of the
'SiteKist WMS' Website Management System software:
'SiteKist WMS' Website Management System software:
1. General Preface 1.1. By downloading and registering as a user of the SiteKist WMS software you ("the user") accept the following terms of use.
1.2. SiteKist reserves the right to upgrade, change or deactivate certain functions and services in the software, particularly if these measures serve the purposes of technical advancement, appear to be necessary or in order to prevent abuse. Changes and improvements may result in changes of display of websites created with the SiteKist WMS. In these cases, the user does not have a right of objection nor the right to claim for damages. SiteKist will only make these changes if they are reasonable for the user or if SiteKist is under legal obligation to make these changes.
1.3. SiteKist is entitled to make changes in these terms of use at any time without having to obtain approval of the user. Changes will be made available to users online.
2. Object of Agreement
2.1. SiteKist offers a software 'SiteKist WMS' that enables users to create their own websites and websites for third parties. The software allows to independently furnish existing website content with new designs/layouts as well as creating new website content with predefined designs/layouts. Ownership of the software as well as all related proprietary rights remain with SiteKist at all times; users never acquire complete or partial ownership under any circumstances. The user only purchases the right to use the software for certain periods of time.
2.2. Websites can be created and published on users' own domains as well as on SiteKist sub-domains. SiteKist offers certain packaged user levels for the use of their software for predefined periods of usage via memberships, comprising basic functions and optional integrated supplementary functions, each forming a comprehensive service-product.
2.2. Websites can be created and published on users' own domains as well as on SiteKist sub-domains. SiteKist offers certain packaged user levels for the use of their software for predefined periods of usage via memberships, comprising basic functions and optional integrated supplementary functions, each forming a comprehensive service-product.
2.3. Users are not entitled to an allocation of a sub-domain at SiteKist. SiteKist may refuse the allocation of a sub-domain without giving reasons - it only serves the purpose of introducing the user to the SiteKist WMS software and for simple transfer of created content to his/her own domain at a later stage.
3. User Data
3.1. The user affirms that the eMail address registered is his own. The user agrees that his data is registered and stored at SiteKist. SiteKist guarantees that all data collected will not knowingly be passed on to third parties under any circumstances. The user is obliged to keep his/her personal data up to date at all times. Any damage resulting from the user not keeping his personal data up to date is only for the account of the user. SiteKist is under no obligation to verify the active and current user data. The user affirms that all data has been entered in good faith and is the truth. SiteKist is entitled to terminate any agreement without notice if false data is being used.
3.2. The user is obliged to keep the access data provided private and confidential; s/he is furthermore obliged to diligently protect the data against any form of loss and abuse. The user indemnifies SiteKist from any cost and claims for punitive damages of third parties in case of any loss of data that occurs because of the abuse of access data or that is outside of SiteKist's sphere of influence. Any damage that occurs because of the abuse of access data is strictly for the account of the user.
3.3. SiteKist undertakes to strictly release registered data only against verifiable identification. The user has to arrange for sufficient identification in case of any loss of access data.
3.4. SiteKist is entitled to send information to the registered eMail address of the user. If the user disagrees with this provision, s/he no longer has the right to use the SiteKist WMS. In this case, the user is entitled to withdraw from a contract with SiteKist.
4. User Conduct and Obligations
4.1. The user is responsible for the content of websites created with the SiteKist WMS and ensures that it is not in violation of applicable law. Further than that, the storage and publication of content which is pornographic, extremist, inciting, racist, glorifies violence or contravenes morality is not permitted. It is also not permitted to make available for download any data protected by copyright - particularly text-, image-, music- or video-data - either directly, as a member of a file sharing network or in connection with a decentralised network. This also applies when the user provides access to such content by means of links or other interactive connections on websites of third parties. SiteKist is entitled to immediately block access to such content which is protected by copyright without prior communication until legality has been verified, and delete such content once a violation of legality has been established as final and absolute. SiteKist will inform the user about measures taken in this context without delay. If a user violates these conditions significantly or in spite of warnings, SiteKist is entitled to cancel any agreement for cause without giving notice.
4.2. The user of the SiteKist WMS is responsible for all content stored and published on his websites. SiteKist is under no obligation to check the websites of users for any infringement of law.
4.3. The user of the SiteKist WMS undertakes not to act in any way that violates the rights of third parties; this includes the invasion of personal privacy. S/he further commits not to use his websites for any purposes of spam. In particular, the user may not use the systems and/or servers of SiteKist to send eMails of the same content in great numbers to addressees without consent of each recipient.
4.4. The user is responsible for his own backup of all data published on his websites created with the SiteKist WMS. In case SiteKist announces any updates and upgrades of the software the user has to arrange for a data backup independently. SiteKist is not liable for any loss of data in connection with changes of the SiteKist WMS software. SiteKist does, however, additionally backup data of all SiteKist websites regularly and will make these backups available to users on request.
4.5. All web-designs made available by SiteKist are not the property of SiteKist but are offered for download elsewhere on the Internet free of any copyright. Should SiteKist be at fault with regard to any of these copyrights or if copyrights have changed since the time of publication at SiteKist, we ask to be notified accordingly so that we can rectify any discrepancies. Other images and text on the SiteKist website are, however, protected by copyright and it is therefore not allowed to copy and use them on other websites or in any other publications.
5. Duration of Agreement, Termination of Services
5.1. The SiteKist WMS services are agreed upon for the periods of usage as defined on the pages ('Prices' / 'Order') on SiteKist's website and contracts extend automatically as soon as the user orders and pays for a new period of usage by extension or upgrade; the offers for the use of the SiteKist software are valid as long as SiteKist offers these services and as long as the user is not in violation of his obligations, particularly those in §4.
5.2. The user has the right to terminate his account online at any time and without giving any reasons. In these cases SiteKist undertakes to delete the data of users completely without delay and will no longer send eMail to the registered eMail address, except if the user explicitly wants to be kept informed further on. This desire has to be communicated to SiteKist online. Charges paid but not used will not be reimbursed in these cases.
5.3. SiteKist has the right to terminate access to their services online at any time and without giving any reasons. If this termination occurs without cause the user will be reimbursed for charges paid but not used without delay. The user will be given an opportunity to backup his personal data before the account is blocked. In case of a violation of these user conditions SiteKist is entitled to block an account immediately and without giving any notice. There is no claim for compensation whatsoever in case of termination without cause.
5.4. After the contract has been terminated SiteKist is no longer under obligation to render the services agreed upon. SiteKist is entitled to delete all data available on the server. The timely backup and storage of data is the user's own responsibility.
6. Provision of Service
6.1. SiteKist strives for continuous provision and accurate functionality of SiteKist websites on SiteKist servers. The user accepts however that for technical reasons and due to outside influences a completely uninterrupted availability of SiteKist websites can not be achieved. The user therefore has no claim to uninterrupted availability. SiteKist has no influence on the availability of websites created with the SiteKist WMS but hosted with third party website hosting companies and therefore does not accept any responsibility or liability for their provision of services.
6.2. SiteKist reserves the right to briefly and temporarily block access to user websites to facilitate technical improvements, eliminate malfunctions and errors and generally to optimise their systems. SiteKist will inform users by eMail beforehand, if possible. The SiteKist software is updated regularly and the programs downloaded by users are automatically updated to the latest version online every time the program is opened, as long as the user is connected to the Internet when the program is opened.
6.3. Correct functionality of the SiteKist software also depends on certain technical requirements in the user's computer system. Errors and malfunctions due to insufficient technical conditions in users' equipment are not SiteKist's responsibility.
7. Liability and Protection of Privacy
7.1. SiteKist is not liable for loss of data or unauthorised disclosure of users' personal data to third parties, irrespective of the circumstances of loss or disclosure, e.g. hacker invasion or user error. Furthermore, all liability whatsoever is excluded for technical errors in the software which result in loss of data. Users of the SiteKist WMS software specifically accept this disclaimer.
7.2. SiteKist is not liable for the content of and activities on users' websites and will immediately block access as soon as abuse is noticed. SiteKist will also not accept any liability for damage resulting from non-availability of the software or other services.
7.3. Irrespective of liability, the maximum amount SiteKist is liable for is the equivalent of one year's user charges for any account.
7.4. The user accepts that all content stored on the servers of SiteKist can be viewed by SiteKist at any time. Furthermore, he accepts the theoretical possibility that data of SiteKist users might be viewed by unauthorised third parties via the Internet.
8. Final Clause
8.1. If one or several contract provisions in these terms of use are or become illegal or incomplete, this will not affect the validity of the other provisions.
8.2. This agreement is governed by Austrian law, irrespective of the country in which online registration has taken place or in which country the user is resident. The place of jurisdiction is the location of the Austrian offices of SiteKist.
Latest update of these Terms of Use : 4. August 2009