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.