Website Terms of Use

These Website Terms govern your use of this entire Website, including all its pages and all materials hosted thereon.
  1. You could be one of two sorts of website user. If your use of this Website is, expressly or by implication, required or authorized by another contract or agreement you have with us whereby you agree to give us something of value (for example, a service agreement where we let you use this Website to manage your account and the services you buy from us), you’re a Contractual User, and the other contract or agreement between you and us is your Main Agreement. Otherwise, you’re a Casual User.
  2. You don’t change from being a Casual User to being a Contractual User merely by registering for a free website account with us, or by setting up a free username and password to access password-protected areas of this Website.
  3. Regardless of what kind of user you are, use of any part of this Website is an invitation we are extending to you, which we can revoke at any time, with or without notice, and for any reason or for no particular reason at all. We may take away your access to this Website or any part or parts thereof by technical means, such as blacklisting or whitelisting specific IP addresses or ranges, or by giving you oral or written notice (a “Ban Notice”) that you are no longer permitted to access or use this Website or any specified part or parts thereof, or both. A Ban Notice may, in our sole discretion, expire after a specified period or when a specified event occurs, or continue indefinitely until we notify you that the Ban Notice is revoked. Any use, or attempted use, by you of this Website or any part of it in violation of a Ban Notice constitutes a breach of these Terms and may subject you to civil or criminal penalties or both.
  4. If you register for a website account with us, you may submit personal information to us. Whether any given information you send to us is personal information is determined by applicable law. Our use, storage and protection of such personal information, including your right to access it and request changes to it, will be in accordance with our Privacy Policy.
  5. You are expected to keep confidential any password that you use to identify and authenticate yourself to any part of this Website. To the extent permitted by law, you will be liable for any use of a part of this Website by any person who gained access to that part by means of your username and password.
  6. If you send us (by uploading to this Website or otherwise) any material for us to display on this Website that is not personal information, such as a screen name (nickname or handle) or an avatar or the contents of a forum post, you grant us a non-exclusive, worldwide, irrevocable, royalty-free and sublicensable license to use, reproduce, adapt, publish, translate and distribute that content in any and all media. You further warrant that either:
    1. you own the copyright in the material, or
    2. you are permitted under the terms of your license to grant us the kind of license stated earlier in this Paragraph.
    We may opt not to publish, or to remove from this Website, any such material at any time, and for any reason or for no particular reason at all, without notice.
  7. Any content on this Website remains the intellectual property of the copyright owner, which may be us, or may be another person or entity who has licensed the material to us. Either way, your rights to view, retain or copy any material you do not own or have some other licence to use are restricted to a non-exclusive limited licence for the purposes of viewing the material contained on this website. You are however permitted to keep for your own reference, but not to publish or distribute, a small number of copies of all or any of the material on this Website that you are, at the time you take the copy or copies, permitted to access.
  8. You are not permitted to infringe anyone’s copyright by using any material available to you via this website outside the terms of an applicable licence, except as authorized by law.
  9. You are not permitted to damage this website, alter its contents, or interfere with the ability of other computer users to access it or its performance for them when they do access it.
  10. You are not permitted to do anything illegal to, by means of, or involving this Website.
  11. Unless you’re a Contractual User and your Main Agreement says otherwise, we are not responsible, to the extent permitted by the laws of Texas and of the United States, for any harm or loss or damage you suffer while you’re using this Website. We also expect that you will take reasonable or generally accepted measures to reduce the risk of browsing the Internet to yourself, your business, and your computer equipment, for example by setting strong passwords and keeping them safe, by saving your work frequently and backing it up regularly, and by using protective software such as firewalls and anti-virus programs on every computer or device that you connect to the Internet.
  12. We offer this Website and the material published therein as is, with all faults, and make no warranties or representations regarding it. We are not providing professional or business advice to you merely by publishing any material on this Website or on a restricted part of this Website, whether or not you rely on that material when making decisions. Any information we publish on this Website about the price and availability of our goods and services is subject to your Main Agreement.
  13. Regardless of the kind of user you are, your use of this Website is governed by the laws in force at your location, possibly including laws that have extraterritorial effect. If you’re a Contractual User, your use of this Website is also governed by these Terms and the rest of your Main Agreement. On the other hand, our making this Website available and our liability for the material and information we publish by means of it are governed by the laws of the State of Texas and of the United States of America, unless your Main Agreement states otherwise.
  14. If you’re a Contractual User, the following terms also apply:
    1. If we issue you a Ban Notice or otherwise prevent you from accessing or using this Website for reasons unrelated to your own actual or suspected misconduct (which includes misuse of this Website, breach of any other agreement or contract you have with us, or general criminal or wrongful acts or omissions committed by you that are drawn to our attention), and if the Ban Notice or preventive measure affects your ability to manage your account with us or the services you buy from us, we will give you one or more alternative means to carry out the operations you were required or authorized to perform using this Website, at no additional financial cost to you beyond what may be imposed by your telecommunications or mail carrier. We do not promise that such alternative means will take no more of your time than would be taken by using this Website to achieve the same goal or goals. Subject to whatever contractual right we have, specified in your Main Agreement, to revise our account administration or service management fees and charges, the same applies if we remove, take down or disable this Website or any of the part or parts of it that you are required or authorized to access under your Main Agreement.
    2. If, on the other hand, you’re a Contractual User to whom we have issued a Ban Notice on grounds of your own actual or suspected misconduct, and we continue providing you goods or services pursuant to your Main Agreement, we may charge you the agreed extra fees (if any) for account administration or service management through another route, such as by telephone or email. Such service fees will be in addition to any fees, costs or damages charged to or awarded against you for the misconduct itself. You may challenge our allegation of misconduct through the dispute resolution process specified in your Main Agreement.
    3. If you cause us any harm or loss or damage through your use of, or failure or refusal to use, this Website, or through any breach by you of these Terms, you agree to indemnify us to the fullest possible extent. Harm or loss or damage may include things like missed sales, time and money spent repairing damage to our business resources or intellectual property or goodwill, legal trouble with our suppliers or customers or with a government, court costs, lawyer’s fees, and so forth.
    4. Our contractual ability to sell, assign, transfer or subcontract our rights and obligations under these Website Terms, or any of them, and our ability to alter these Website Terms, are as provided in your Main Agreement.
    5. The severability of these Website Terms — that is, what happens if any of these Website Terms are found to be illegal or unenforceable — is the same as in your Main Agreement.
    6. These Website Terms form part of your Main Agreement, but in the event of a conflict between your Main Agreement and these Website Terms, your Main Agreement prevails to the extent of the inconsistency, except where your Main Agreement states otherwise. These Terms are governed by the law of the State or country specified in your Main Agreement. Any dispute between you and us arising under these Website Terms must be resolved according to the process provided in your Main Agreement.
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