Terms of Service

ACCEPTANCE OF TERMS

Fission Web System provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.fissionwebsystem.com/content/pages/terms-of-service. In addition, when using particular Fission Web System services, you and Fission Web System shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

Acceptance of the TOS is absolute and applies to you as an account owner regardless of the number of websites contained within your account.  If you create multiple sites you, as the account owner, are responsible for all sites within your account and for each site’s adherence to these Terms of Service.

DESCRIPTION OF SERVICE

Fission Web System currently provides users with access to a full-featured website management system (the "Service"). You also understand and agree that the service may include certain communications from Fission Web System, such as service announcements, administrative messages and newsletters, and that these communications are considered part of your Fission Web System subscription and you will not be able to opt out of receiving them.  This applies only to the primary accountholder's information.  If you should sign up additional clients and/or users under your account (or any rebranding services available), Fission Web System will never intentionally contact (or expose it's brand to) those additional users.  However, Fission Web System will not be held liable for any loss or damage cause by any unintentional contact that may occur.

Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Fission Web System assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service or airtime charges). You are responsible for those fees.  In addition, you must provide and are responsible for all equipment necessary to access the Service.

YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you agree to:

LICENSE AGREEMENT

Fission Web System is a licensed, Software-as-a-Service (SaaS) product. Termination of an account releases all rights for usage provided by the product. Please contact us with any questions regarding product usage prior to engagement to understand if it is appropriate for your intended use.

PAYMENT

Payments for your use of the Service will be billed to the credit card you provide in to the billing department unless alternative payment options have been setup.  The following describes Fission Web System’s billing practices:

MEMBER ACCOUNT, PASSWORD AND SECURITY

You are responsible for maintaining the confidentiality of your password(s) and account(s), and are fully responsible for all activities that occur under your password(s) or account(s). You agree to (a) immediately notify Fission Web System of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Fission Web System cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Fission Web System, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Fission Web System does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you feel is offensive, indecent or objectionable. Under no circumstances will Fission Web System be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:


You acknowledge that Fission Web System does not pre-screen Content, but that Fission Web System and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Fission Web System and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Fission Web System or submitted to Fission Web System using the Service. You acknowledge and agree that Fission Web System may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Fission Web System, its owners, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

Fission Web System does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Fission Web System the following world-wide, royalty free and non-exclusive license(s), as applicable:

With respect to Content you submit or make available for inclusion on publicly accessible areas of the system, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Fission Web System site to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Fission Web System removes such Content from the Service. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Fission Web System removes such Content from the Service. "Publicly accessible" areas of the Service are those areas of the Fission Web System network of properties that are intended by Fission Web System to be available to the general public. By way of example, publicly accessible areas of the Service would include Fission Web System websites.  However, publicly accessible areas of the Service would not include portions of services intended for private communication such as E-mail or areas off of the Fission Web System network of properties such as portions of World Wide Web sites that are accessible through links from Fission Web System sites but are not hosted or served by Fission Web System.

INDEMNITY

You agree to indemnify and hold Fission Web System, and its parent company, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Fission Web System may establish general practices and limits concerning use of the Service, including without limitation the maximum disk space or bandwidth that will be allotted on Fission Web System’s servers on your behalf. Fission Web System may enforce these limitations by restricting the software itself, or by contacting you and requiring you to either restrict usage or upgrade your account if your website is found to be outside of the normal range of use.  Regarding bandwidth, Fission Web System will consider your site to be utilizing abnormally high bandwidth if it exceeds 5GB of transfer per month (this is on top of and does not include additional services included for email storage and transfer sizes related to your email accounts; if provided by 360 PSG).

You agree that Fission Web System has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You further acknowledge that 360 PSG reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

MODIFICATIONS TO SERVICE

Fission Web System reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Fission Web System shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

TERMINATION

You agree that Fission Web System may, under certain circumstances and without prior notice, immediately terminate your Fission Web System account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines or payment requirements, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical issues or problems, and (f) extended periods of inactivity. Termination of your Fission Web System account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Fission Web System’s sole discretion and that Fission Web System shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service. All fees paid to Fission Web System are non-refundable.

LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Fission Web System has no control over such sites and resources, you acknowledge and agree that Fission Web System is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Fission Web System shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Fission Web System’S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to access the Service by any means other than through the interface that is provided by Fission Web System for use in accessing the Service (including but not limited to screen-scraping, bots, cross-site scripting, etc).

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Fission Web System 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 Fission Web System HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE 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 SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

NOTICE

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service or by posting them on their company website, blog or other corporate communications channels.

TRADEMARK INFORMATION

Fission Web System, the Fission logo, Fission CMS, and other 360 PSG product and service names and logos are trademarks of 360 Professional Services Group, LLC. (the "360 PSG Trademarks"). Without 360 PSG's prior permission, you agree not to display or use in any manner, the 360 PSG Trademarks.

GENERAL INFORMATION

The TOS constitutes the entire agreement between you and Fission Web System and governs your use of the Service, superseding any prior agreements between you and Fission Web System. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, third-party software, or specific contracts/agreements with 360 PSG, LLC. The TOS and the relationship between you and Fission Web System shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Fission Web System agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Erie, New York. The failure of Fission Web System to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within 90 days after such claim or cause of action arose or be forever barred.

Note: The section titles in the TOS are for convenience only and have no legal or contractual effect.