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1.
General terms of
service 1.1 These terms of service apply to all users
of Sitepie’s service. 1.2
You agree that Sitepie may access and/or disclose any personal information if
Sitepie is required to do so by law. 1.3
You agree that Sitepie may access and/or disclose the webmasters contact
information if sitepie gets any complaints of third parties. 1.4
You agree that you do not infringe on any of Sitepie’s intellectual property
rights. These rights are protected by international law. 1.5
These terms of service will be governed by and construed in accordance with
Dutch law. These terms of service do not give effect to any conflicts of law
with your jurisdiction of residence. 1.6
Sitepie has the right to use third party’s services and products to offer and
produce its service. 1.7
You agree that Sitepie may modify this agreement from time to time. Sitepie
may also discontinue services it provides under this agreement. You agree to
be bound by any changes Sitepie may reasonably make to this agreement, when
such changes become effective. Should you choose to cancel your agreement
with Sitepie, you will not receive a refund for any fees you may have paid to
Sitepie. 1.8
Sitepie uses PayPal to receive payments 2.
Description of the service 2.1 Ownership 2.1.1
Sitepie registers the domain with Go daddy on your behalf and Sitepie is
officially the owner of the domain name. You and the other participants are
leasing this domain as a group for one year. During this period you or one of
the participants or all participants can acquire ownership of the domain name
by exercising one of the options described in article 2.1.3. This effectively means that you and the
other participants are economically the owners of the domain name. 2.2
Signing up process 2.2.1Before
you can use our service you have to sign up to our service using the signup
form on Sitepie’s website. 2.2.2
By signing up to our service you identify yourself the webmaster and
therefore take the responsibility for the use of the service. 2.2.3
You have to provide sitepie with the following information: Your personal
information, the email addresses of the participants and both your share of
ownership and that of the participants. 2.2.4
By signing up to our service, you offer all the participants you identified
during the signup process with the rights and options as described in this
agreement. Furthermore you agree that Sitepie is allowed to govern and
enforce these rights. Participants can except this offer
by: 1.contributing to the domain name/project 2. Exercise or agree to one of
the options specified in article 2.3. 2.2.5
If you sign up to our service you agree that: A) the information you provide
is correct and complete B) you don’t infringe rights of third party’s C) The
domain name is not racist or hurtful D) the information accords to this
agreement E) you don’t pretend to be someone else. 2.2.6
In case you are underage you need permission from your parents or a legal
representative of your parents. 2.2.7
By signing up to our service you agree that you are responsible for the
confidentiality of all information that is provided to you by Sitepie (your
password for example). 2.2.8
All offers and communication to you is done thru the contact email address
you provide. Sitepie is not responsible for non delivery or any other
interruptions in these communications. 2.2.9
All offers and communication to the participants is done thru the contact email
addresses you provide. Sitepie is not responsible for non delivery or any
other interruptions in these communications. 2.3 Option You and all persons you identified as
participants have the following options during the first 340 days of the
lease period or after renewal of the contract: 2.3.1 To change the “ownership structure” of
the domain name. This is to change the list of participants and their share
of ownership. This can only be done with agreement between all participants.
Sitepie will monitor this process to be sure the process is done in
accordance with our terms of service. 2.3.2 To Transfer the domain to a natural or
legal person. This can only be done with agreement between all participants. Sitepie will monitor this process to be sure the process
is done in accordance with our terms of service. 2.3.3 The Third way to change ownership is to
transfer the domain to a legal person with agreement between a coalition of participants that represent a majority of
ownership. The entity where the domain is transferred to must have the
following properties: 1The equity stakes must reflect the ownership shares
you and other participants have in the domain name. 2The entity must be
governed by an independent board. This requires agreement between participants
who together represent more than a fifty percent share of ownership. The
transfer of the domain name must be monitored and approved by an independent
lawyer appointed by Sitepie. The costs associated
with the monitoring by an independent lawyer are paid by those who initiate
the transfer procedure. 2.3.4 To change the webmaster. This requires
agreement between participants who together represent more than a fifty
percent share of ownership. Sitepie will monitor this process to be sure the
process is done in accordance with our terms of service. 2.4 Intellectual property license grant
. 2.4.1Unless
agreed upon otherwise, intellectual property you and other participants
own/create and contribute to the domain/project, can be used for, published on
and distributed through the domain name, by any current and future
participant in or owner of the domain name. This is to use, publish or
distribute the IP both for commercial and non commercial use worldwide
without paying a license fee. This license is perpetual and irreversible. 2.4.2
This license also applies to any derivative works current and future
participant in or owner of the domain name make from your IP. 2.4.3
You and the other participants contribute your intellectual property by 1.
Sending the intellectual property to your other group members with an
explicit mention that you contribute this IP to the group domain/project. 2.
To upload it to or publish it on the server used for the domain. 2.4.4
Sitepie is no party in and does not enforce, any copyright and/or other side
agreements you and other participants agree upon. 2.5 Renewal 2.5.1
Well before the domain name expires, you and all the other participants are
asked to renew this contract by paying the required renewal fee. Renewal has
to be done 30 working days before expiration. You and all the other
participants are able to renew this contract. Changes in prices and these
terms and conditions may apply. 2.5.2
If you do not respond to Sitepie’s renewal proposals, your domain will expire.
Sitepie is not liable for any damages occurring from non-renewal. 2.5.3
Sitepie has no obligation to offer you a renewal of the contract and can
refuse to do so without any explanation. 3 Hosting agreement 3.1
If you choose to host the domain with Sitepie you agree to our hosting
agreement. 3.2
You agree that Sitepie has no responsibility or liability for the
transmitting, deletion and/or the failure to store any information maintained
by our service. You agree that you are responsible for the creation of
regular backups. 3.3
The maximum storage you can use when hosting with Sitepie is 1 GB and the
maximum bandwidth is 10 GB. 3.4
If you don’t renew this contract, the data hosted with sitepie are deleted
immediately. 3.5
If you choose to host your sitepie domain with another hosting provider, you
agree that sitepie is no party in the agreement with that host. You also
agree that sitepie is not responsible for any failures due to
interoperability between sitepie’s systems and
those of your host. 4. Domain policy 4.1
Sitepie registers the domain with Go daddy on your behalf and Sitepie is
officially the owner of the domain name. You and the other participants are
leasing this domain exclusively for one year. 4.2 By applying to our service you hereby
represent and warrant us that you take full responsibility for the use and
composition of the domain name. 4.3
Sitepie claims no liability for any consequences resulting from Go daddy’s
“legal agreements” between Go daddy and Sitepie that affect the status of
your domain. Go daddy’s “legal agreements” regarding domain names can be
found at: https://www.godaddy.com/gdshop/agreements.asp?isc=biggame08&ci=8924.
You hereby agree to comply with go daddy’s legal agreements. 4.4
You also agree to comply with the terms of service of ICANN. These terms can
be found at: http://www.icann.org/dndr/udrp/policy.htm. 4.5
In the case that a third party files a complaint or a lawsuit regarding the
domain name, Sitepie is now party in such a dispute and thus shall not be
named in such proceedings. 4.6
Sitepie is not responsible for failures of registering the domain name after
you have applied to our service. This is because domains that are already
claimed are not immediately visible in the whois
database of the ICANN. 4.7
Renewal of the domain name has to be done 30 working days before expiration.
Renewing is done by filling in the designated form on Sitepie’s
website and making the required payment 4.8
If you do not respond to Sitepie’s renewal proposals, your domain will
expire. Sitepie is not liable for any damages occurring from non-renewal. 5. Content policy 5.1
The content users can post on a domain they use with Sitepie is restricted.
Users are not allowed to show pornography, hateful content, violent content,
misleading content, unlawful content or obscene content using our service.
Using our service for spam and viruses is also not allowed. Content that
infringes intellectual property rights is not allowed 5.2
You agree that you are responsible for your own use of the service and hat
your use is in compliance with local, national and international laws. 5.3
Sitepie does not take responsibility for content users publish, nor do we
monitor the content users publish. In conflicts resulting from the content
users publish, Sitepie is no party. 5.4
Sitepie has the right to terminate your account and to disclose your contact
information, in case of third party complaints. |