Terms of Service
By using the Semitracks Web Hosting Service, you are agreeing to be bound by the following terms and conditions ("Terms of Service").
Semitracks reserves the right to update and change the Terms of Service from time to time and will give users 90 days notice before the changes go into effect. You can review the most current version of the Terms of Service at any time at: http://www.semitracks.com/index.php/lms/terms-of-service.
Any new features that augment or enhance the current Web Hosting Service, including the release of new tools and resources, shall be subject to the Terms of Service. Users will be given 30 days notice before the new features are implemented. Continued use of the Web Hosting Service after any such changes shall constitute your consent to such changes. If Semitracks decides to discontinue providing the Web Hosting Service, Semitracks will give users 90 days notice.
Violation of any of the terms below will result in the termination of your Account. While Semitracks prohibits such conduct and Content on the LMS, you understand and agree that Semitracks is not responsible for the Content posted on the Web Hosting Service. You agree to use the Web Hosting Service at your own risk.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person -- a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. Semitracks cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- You may not use the Web Hosting Service for any illegal or unauthorized purpose. You must not, in the use of the Web Hosting Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payment, Refunds, Upgrading and Downgrading Terms
- The Web Hosting Service is billed in advance on a term basis (monthly, quarterly or yearly) and is non-refundable. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
Cancellation and Termination
- All of your Content and reporting data will be immediately deleted from the Web Hosting Service upon cancellation. This information cannot be recovered once your account is cancelled.
- If you cancel the Web Hosting Service before the end of your current paid up term, your cancellation will take effect immediately and you will not be charged again.
- Semitracks, in its sole discretion, has the right to suspend your account for breach of the Terms of Service.
Modifications to the LMS and Prices
- Prices of all Services, including but not limited to plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by sending a notice to your email of record.
- Semitracks shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Web Hosting Service.
Copyright and Content Ownership
We claim no intellectual property rights over the material you provide to the Web Hosting Service. Your profile and materials uploaded remain yours. Semitracks does not pre-screen Content, but Semitracks has the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Web Hosting Service.
- Your use of the Web Hosting Service is at your sole risk. The LMS is provided on an "as is" and "as available" basis.
- Semitracks servers are backed up daily.
- You must not modify, adapt or hack the Web Hosting Service or modify another website so as to falsely imply that it is associated with the Web Hosting Service, Semitracks, or any other Semitracks service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Web Hosting Service, use of the Web Hosting Service, or access to the Web Hosting Service without the express written permission by Semitracks.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, deamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Semitracks customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Web Hosting Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Semitracks) of other Semitracks Online customers, we reserve the right to immediately disable your account or throttle your account until you can reduce your bandwidth consumption.
- Semitracks does not warrant that (i) the Web Hosting Service will meet your specific requirements, (ii) the Web Hosting Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Web Hosting Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Web Hosting Service will meet your expectations, and (v) any errors in the Web Hosting Service will be corrected.
- You expressly understand and agree that Semitracks shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Semitracks has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Web Hosting Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Web Hosting Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Web Hosting Service; (v) or any other matter relating to the Web Hosting Service.
- The failure of Semitracks to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Semitracks and govern your use of the Web Hosting Service, superseding any prior agreements between you and Semitracks (including, but not limited to, any prior versions of the Terms of Service).