The following terms and conditions govern all use of the Gutensite.com website and all content, services and products available at or through the website, including, but not limited to, the Custom Version and Hybrid Version (taken together as “Professional Services”), and the Free Lite Version, (all taken together, the Website). The Website is owned and operated by Crate Media, LLC (“Crate Media”). The Website is offered to you (“Client”) subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Crate Media's Privacy Policy) and procedures that may be published from time to time on this Site by Crate Media (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Crate Media, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

1. Your Gutensite.com Account and Site. If you create a site on the Website, you are responsible for maintaining the security of your account and website, 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 not describe or assign keywords to your site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Crate Media may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Crate Media liability. You must immediately notify Crate Media of any unauthorized uses of your site, your account or any other breaches of security. Crate Media 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.
2. Responsibility of Clients. If you operate a site, comment on a site, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
   • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
   • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
   • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
   • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
   • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
   • the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
   • your site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
   • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Crate Media or otherwise.

   By submitting Content to Crate Media for inclusion on your Website, you grant Crate Media a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Website. If you delete Content, Crate Media will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

   Without limiting any of those representations or warranties, Crate Media has the right (though not the obligation) to, in Crate Media’s sole discretion (i) refuse or remove any content that, in Crate Media’s reasonable opinion, violates any Crate Media policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Crate Media’s sole discretion. Crate Media will have no obligation to provide a refund of any amounts previously paid.

3. Fees and Payment. Optional Professional Services are available, such as extra storage and bandwidth, domain purchases, upgraded functionality, and custom functionality or design. By selecting a Professional Service you agree to pay Crate Media the monthly or annual subscription fees indicated for that service, setup costs and/or hourly or flat fee development costs for custom work. Subscription fees begin immediately regardless of whether Client is using the site. Subscription fees will be billed during normal billing cycles, and will cover the use of that service for a monthly or annual period as indicated. Professional Service fees are not refundable. It is Client's responsibility to keep their billing information updated including a valid, non-expired credit card with sufficient funds. Late payments may incur a service charge as well as additional fees for administrative and collection costs.
   
4. Professional Services.
   • Fees Payment. By signing up for Professional Services you agree to pay Crate Media the setup fees and monthly hosting fees indicated on our pricing pages in exchange for services provided. Applicable fees may be invoiced starting from the day your Professional Services are established and in advance of using such services, or in some cases later during normal billing cycles. Crate Media reserves the right to change the payment terms and fees upon thirty (30) days prior notice to you. Your Website can be canceled at anytime with written notice to Crate Media, and we will make reasonable effort to close your account immediately, but no more than thirty (30) days after request is made.
   • Services.
     • Hosting and Email. Crate Media will provide Professional Clients with Virtual Private Server (VPS) Hosting, which includes email hosting and unlimited mailboxes (accessible via POP or IMAP). Mail box size may be determined by Client, and utilize Client's disk space and bandwidth. The VPS account may be upgraded to include additional bandwidth and/or disk space. Client will have limited access to the VPS hosting account, in order to maintain a secure environment and protect the functionality and design of the website.
     • Domain. Client is allowed one domain name to point to the website for free. Additional domain names will be charged a nominal aliasing fee. Client is responsible for managing their domains, unless subscribed to additional domain management services.
     • Custom Design & Functionality. Client subscribed to a service which allows customization may requests custom design or functionality. The work will be governed by an additional Contract and Work Statement describing work to be performed and payment required. Client retains ownership of such designs and may request copies of the original files and template files at the completion of the project, for their own records, and may use those designs elsewhere. Custom programming remains the ownership of Crate Media.
   • Support. Professional Services include access to priority phone and email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Crate Media to respond within one business day) concerning the use of the Professional Services. “Priority” means that support for Professional Service customers takes priority over support for users of the standard, free Gutensite.com website services. All Professional Services support will be provided in accordance with Crate Media standard Professional Services practices, procedures and policies.
     • Scope of Support. Each account has access to a CMS (Content Management System), which allows Client to manage the basic content of the website. It is Client's responsibility to create and setup the content of their individual site. Help tips and a User Guide are available. If Client needs additional help with understanding how to use the CMS, free customer service will be provided via email or phone, during normal business hours. Crate Media does not provide 24/7 support. In the event of an emergency Crate Media will make all reasonable efforts to correct problems as quick as possible, but regular support needs should be handled during business hours, which may require Client to plan ahead. Crate Media strives to provide quick customer service, but makes no guarantees. Support will be limited to Hosting Support and CMS Support. CMS Support is limited to explaining how to utilize the tools of the CMS, it will not include setting up site content, performing actions which are not currently available in the CMS, providing design services for individual pages, etc. If Client needs additional Support, or wishes to hire Crate Media to perform admin, setup or maintenance, design, etc., Client can request Crate Media's services at the current rates.
     • Who Gets Free Support. Free support is only available to Clients subscribed to Professional Services and is limited to the Scope of Service included in the subscription, e.g. some services may only include Hosting Support. Professional Service Clients who are not entitled to CMS Support may still report problems or bugs with the CMS and we will be responsible for supporting them in this capacity. Free Lite Version clients may report bugs with the CMS or Hosting, and we may or may not choose to respond directly.
   • Responsibility of Website Visitors. Crate Media has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Crate Media 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. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website 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. Crate Media disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
   • 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 Gutensite.com links, and that link to Gutensite.com. Crate Media does not have any control over those non-Gutensite websites and webpages, and is not responsible for their contents or their use. By linking to a non-Gutensite website or webpage, Crate Media does not represent or imply that it endorses such website or webpage. 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. Crate Media disclaims any responsibility for any harm resulting from your use of non-Gutensite websites and webpages.
   • Copyright Infringement and DMCA Policy. As Crate Media 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 Gutensite.com violates your copyright, you are encouraged to notify Crate Media in accordance with Crate Media's Digital Millenium Copyright Act (“DMCA”) Policy. Crate Media will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Crate Media or others, Crate Media may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Crate Media will have no obligation to provide a refund of any amounts previously paid to Crate Media.
   • Intellectual Property. This Agreement does not transfer from Crate Media to you any Crate Media or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Crate Media. Crate Media, Gutensite, Gutensite.com, the Gutensite.com logo, the Crate Media logo, and all other trademarks, service marks, graphics and logos used in connection with Gutensite.com, or the Website are trademarks or registered trademarks of Crate Media or Crate Media’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Crate Media or third-party trademarks.
   • Changes to Agreement. Crate Media reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Crate Media may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
   • Changes to Service. Crate Media reserves the right, at its sole discretion, to modify, replace, or remove services and/or features to this service. Crate Media may also, in the future, offer new services and/or features (including, the release of new tools, functionality and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
   • Naming. Crate Media reserves the right to refuse or retract usage of “Shortcut” names (subdomains of any Gutensite domain, e.g. http://shortcut.gutensite.com) for such cases where the name is inappropriate, misleading, needed for business considerations, or for any other reason.
   • Free Designs. Standard designs are made available to all Clients for free, but no guarantees are made regarding their quality or functionality. New designs may be added periodically, and old designs may be retired. If a design is retired, Client will be required to chose a new design from the free library. At any time, Client may request a unique custom design for their website. This process will follow the normal process for custom work.
   • Termination. Crate Media may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Gutensite.com account (if you have one), you may simply discontinue using the Website. Websites that are Inactive (“Inactive” means the website control panel has not been accessed for more than 90 days), may be terminated without notice. Notwithstanding the foregoing, if you have a Professional Services account, such account can only be terminated by Crate Media if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Crate Media’s notice to you thereof; provided that, Crate Media can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
     
   • Disclaimer of Warranties. The Website is provided “as is”. Crate Media 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 Crate Media nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. Crate Media will make reasonable effort to ensure the website is functional and accessible, but makes no guarantees of uptime or that all functionality will always be operational. Services may periodically be unavailable because of technical problems or regular maintenance.
   • Limitation of Liability. In no event will Crate Media, 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 or substitute products or services; (iii) for interuption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Crate Media under this agreement during the twelve (12) month period prior to the cause of action. Crate Media 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.
   • General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Crate Media Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
   • Indemnification. You agree to indemnify and hold harmless Crate Media, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
   • Miscellaneous. This Agreement constitutes the entire agreement between Crate Media and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Crate Media, or by the posting by Crate Media of a revised version. Professional Services, such as custom design or development work, may require additional contracts, but those should in no way undermine this agreement. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Florida, 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 Sarasota County, Florida. 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 Sarasota, Florida, 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. 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; Crate Media 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.