Definitions:

• Host = EngagingPlans and/or its Parent Company
• Owner, You, Your = You, The paying Customer.

General Terms

• Website Owner is solely responsible for any liability arising out of or related to the Web Site. Owner agrees to indemnify and hold Host harmless from and against any and all liabilities, losses, damages, costs, and expenses, including reasonable attorney fees and experts’ fees, associated with any claim or action brought against Host related to or arising out of the Web Site or Owner’s breach of its warranties under this Agreement.
• Host has the right to monitor the Website, and in its sole discretion to remove any content that Host finds objectionable for any reason, without prior notice to Owner. This includes but is not limited to: Pornography, Spamming, Phishing Scams, Illegal business practices, any material infringing on National or International Copyright.
• You own all the content you placed into the website product or service, assuming it was original and does not infringe on existing copyrights.
• Host owns and retains full rights to any code/programs or software developed by Host.
• Any software used in website product or service released under the General Public License (GPL) is governed by such.
• Host reserves the right to modify and/or change these terms and conditions at any time.

Fees & Cancellation

• You authorize Host to charge your credit card on a recurring monthly basis for the service fee agreed to at time of purchase.
• You may Cancel Anytime
• No refunds will be given at anytime. And if they are it would be at the sole discretion of the Host
• If you wish to cancel, simply follow the instructions sent in your activation email. Your website will be de-activated at the end of the current billing cycle and you will not be charged in the future.
• If you do cancel, your website will stay in storage for up to 3 months, you may request a copy of your website CONTENT in the form a .sql dump from our database sent to you via email. After 3 months of cancellation, we reserve the right to purge your website and account from our system. Alternatively you can subscribe to our Archive plan, which will keep the website online, but without admin access.

Domain Names

• You own them. When you signed up with EngagingPlans we have registered a domain in your name on your behalf. After cancellation, we can transfer the domain to a registrar of your choice.
• If Host registers a domain on your behalf, you agree to the Domain Registrar Agreement

Software Updates and Upgrades

From time to time EngagingPlans may push a software update into your account which may overwrite and replace existing files in the process. You may be notified prior to such action. The intent of this action is too keep your website service up-to-date with the latest software patches, security enhancements, and features. Automatic account backups will be performed before such action.

  
Free/Prize/Gifted and Discounted Accounts  

EngagingPlans reserves the right to revoke offers and awards of free and/or discounted service at any time due to reasons including but not limited to the following: The sale, merger, acquisition, or cease of business operations of this service and/or company, Violation of these Terms of Service by the customer or any of its agents, or customer account inactivity for a period greater than 12 months.

Downtime and Outages

Host will take all reasonable measures and precautions to ensure maximum uptime and availability of your website and email service. However due to a variety of factors some out of Host’s control, Host does not provide any warranties or guarantees of performance. Customer hereby indemnifies Host against any losses either real or imagined that may arise from use of this service.

(Last Updated: December 16th, 2011)