BodyworkSites SERVICE AGREEMENT
You should carefully read the following Service Agreement. By signing up for our services, you (the "User") are agreeing to the terms of this service agreement.
BodyworkSites grants you non-exclusive limited License to use our Website services and other services through our company in accordance with this Service Agreement. Our services may only be used for lawful purposes — any use of our services which violates any applicable laws is strictly prohibited. It is your responsibility to be aware of the laws in both the jurisdiction of where our servers are located (Texas, United States of America) and your local jurisdiction. We reserve the right to refuse service to anyone at any time for any cause deemed reasonable solely by BodyworkSites including — but not limited to — use of our services in any fashion BodyworkSites deems improper, offensive behavior toward our staff, posting sexually-oriented material on your Website, non-payment of services, and/or posting copyrighted material on your Website.
2) WEBSITE SERVICES AND USER DATA
Our services enable you to create and manage your own Website on ncbtmb.org or a custom domain you or BodyworkSites owns and manages. You control your own Website, and neither BodyworkSites nor our partner, National Certification Board for Therapeutic Massage & Bodywork ("NCBTMB") claim any ownership rights to your text or photo content. Therefore, BodyworkSites and NCBTMB take no responsibility for any content located on your Website, and BodyworkSites and NCBTMB have no obligation to monitor such content on your Website.
3) FREE AND PAID SERVICES
BodyworkSites provides both free and paid Website services. Free services are available at no charge for as long as you are an NCBTMB Member in good standing. Paid services are upgraded Website services that are provided and charged on a recurring monthly basis. You are prohibited from adding any features to your Website that are inconsistent with your current service level as defined here: https://www.ncbcertified.com/serviceagreement/features
You agree to pay for all paid services received from BodyworkSites via credit card, in advance of the time period during which such services are provided. You agree that until and unless you notify BodyworkSites of your desire to cancel your service, your service will be billed on a recurring monthly basis.
5) CANCELLATION POLICY
You may cancel your paid services at any time. All cancellation requests must be submitted by the person listed as the main account contact. While there are no cancellation fees, we do not give pro-rated refunds. This means that on the date you cancel, your card will not be charged again from that date forward. You will be able to continue to use BodyworkSites' services through the date for which you have paid in advance unless you explicitly request your Website to be taken down prior to this date, which is an option provided for the User's convenience and will not entitle you to a pro-rated refund.
6) UPTIME GUARANTEE
BodyworkSites guarantees an uptime of 99% for your Website in every calendar month, excluding downtime related to regular scheduled server maintenance. Should we not reach this we will credit your account with a percentage of your monthly fee, upon receipt of an uptime guarantee refund request.
7) REGULAR SCHEDULED SERVER MAINTENANCE
BodyworkSites occasionally performs scheduled server maintenance to keep its systems performing optimally, which may result in your Website and its control panel being inaccessible for a short time period. This type of maintenance is performed less than once per month on average, lasts 10 minutes or less on average, and is generally performed during low-traffic time-windows between 12:01am-4:00am US Mountain Time. Downtime due to regular scheduled server maintenance does not count toward the 99% uptime guarantee.
9) WEBSITE CONTENT LICENSES
You may upload or add to your Website any Content to which you have a legal copyright — or which you create yourself. You hereby agree that you have all rights necessary to grant the licenses applicable to your Website's content. You also agree not to use any content for which you don't have sufficient rights. If you do not have sufficient rights for text or images added to your Website, the legal copyright holder may pursue you for damages, licensing fees, or other legal disputes. You and/or your business are solely responsible to settle any and all legal disputes and related costs or fees resulting from text or images added to your Website.
10) IMAGERY, CLIPARTS AND FONTS
All included imagery, clipart and fonts used in our themes are royalty-free and are an integral part of our services. This limited-usage License gives you the right to use images and fonts only as a part of the services we provide for you. Any other type of usage or distribution is prohibited.
11) UNAUTHORIZED USE
You may not place any of our Website theme or print template materials, modified or unmodified, on a diskette, CD, Website or any other medium and offer them for redistribution or resale of any kind without prior written consent from BodyworkSites.
12) NO ADULT-ORIENTED SITES
You may not run any Website with adult-oriented content (sexual material or services) on our servers. If you are unsure as to what constitutes "adult" material please email us.
You may not sub-license, assign, or transfer this license to anyone else without prior written consent from BodyworkSites.
14) CHOICE OF LAW AND FORUM FOR DISPUTES
This Agreement shall be governed in all respects by the laws of the State of Colorado. You agree that any claim or dispute you may have against BodyworkSites must be resolved by a court located in Boulder County, Colorado. You agree to submit to the personal jurisdiction of the courts located within Boulder County, Colorado for the purpose of litigating all such claims or disputes.
You agree to indemnify, defend, and hold harmless BodyworkSites and NCBTMB from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, your clientele, BodyworkSites, or any other party or parties without limitation or exception.
16) NO WARRANTY
BodyworkSites and NCBTMB make no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by BodyworkSites or its agents or employees shall create a warranty. Under no circumstances shall BodyworkSites be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.
You understand that by placing information on BodyworkSites' servers that such information becomes available to all Internet users and that BodyworkSites has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of BodyworkSites' servers, services, and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through BodyworkSites or on the Internet generally.
Your use of the service is at your sole risk. BodyworkSites is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on BodyworkSites' servers.
You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by BodyworkSites, including restrictions on services available with each service type, restrictions on certain features, and all other policies. BodyworkSites may change its policies and restrictions without notice. You agree to abide by any and all future policy decisions pertaining to your service with BodyworkSites.
17) AGREEMENT ACKNOWLEDGMENT
This agreement supersedes any written, electronic, or oral communication you may have had with BodyworkSites or NCBTMB, or any agent or representative thereof, and constitutes the complete and total agreement between the parties. Should any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
By using our services or placing or maintaining any data on BodyworkSites' servers you are stating and acknowledging that you have read the aforementioned Service Agreement and that you understand such Service Agreement and agree to be bound by it.