If you find a foundtt.com website that you believe violates these Terms of Service, please visit our dispute resolution & reporting page.
Terms of Service:
The following terms and conditions (“Terms”) govern all use of the foundtt.com website and all content, services, and products available at or through the website, Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation) and procedures that may be published from time to time by Foundtt (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by foundtt, acceptance is expressly limited to these Terms.
Use of our Services requires a foundtt.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
- Your foundtt.com Account and Website. If you create a blog or website on foundtt.com, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must immediately notify foundtt of any unauthorized uses of your blog, your account, or any other breaches of security. foundtt will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material to foundtt.com, post links on foundtt.com, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using foundtt.com, you represent and warrant that your Content and conduct do not violate these Terms or the User Guidelines.
- If you delete Content, foundtt will use reasonable efforts to remove it from foundtt.com, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, foundtt has the right (though not the obligation) to, in foundtt’s sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in foundtt’s reasonable opinion, violates any foundtt policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of foundtt.com to any individual or entity for any reason. foundtt will have no obligation to provide a refund of any amounts previously paid.
- Advertisements. Foundtt reserves the right to display advertisements on your blog unless you have purchased a plan that includes the removal of ads.
2. Responsibility of Visitors.
foundtt has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, foundtt does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. foundtt disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
3. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which foundtt.com links, and that link to foundtt.com. foundtt does not have any control over those non-foundtt.com websites, and is not responsible for their contents or their use. By linking to a non-foundtt.com website, foundtt does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. foundtt disclaims any responsibility for any harm resulting from your use of non-foundtt.com websites and webpages.
4. Third Party Services.
You may enable services, products, software (like themes or plugins), or applications developed by a third party or yourself (“Third Party Services”) on your site.
5. Copyright Infringement and DMCA Policy.
As foundtt asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by foundtt.com violates your copyright, you are encouraged to notify foundtt in accordance with foundtt’s Digital Millennium Copyright Act (“DMCA”) Policy. foundtt will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. foundtt will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of foundtt or others. In the case of such termination, foundtt will have no obligation to provide a refund of any amounts previously paid to foundtt.
6. Domain Names.
When you register or renew a domain name on foundtt.com, or when you transfer an existing domain name to foundtt.com, you become bound by the relevant registrar’s terms and conditions, either the foundtt Domain Name Registration Agreement, Tucows Domain Inc. Registration Agreement, or this Domain Name Registration Agreement, in addition to these Terms. Which registrar terms apply depends on the TLD you choose, and in some cases, the date you register your domain, so please see this table that outlines all of the TLDs we offer and the applicable registration agreement, to determine which agreement(s) apply to you. These registrar terms are incorporated by reference into these Terms.
7. Disclaimer of Warranties.
Our Services are provided “as is.” foundtt and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither foundtt nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
8. Jurisdiction and Applicable Law.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California.
9. Arbitration Agreement.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
10. Limitation of Liability.
In no event will foundtt, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to foundtt under this Agreement during the twelve (12) month period prior to the cause of action. foundtt shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
This Agreement constitutes the entire agreement between foundtt and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of foundtt, or by the posting by foundtt of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; foundtt may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.