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Smallsite Design

Build a site, not just pages

Terms and conditions

These are the terms and conditions governing use of the Smallsite Design software to manage a site.

1   Preampleβ–³

This section provides how the content of this document is to be interpreted.

The interpretations of the content of this document are:

  1. a.The numbered list conditions and their introductions within the sections and subsections of this document set out the obligations of parties to any arrangement governed by this document.
  2. b.Unnumbered paragraphs within sections and subsections of this document provide clarification of the context and intent of the numbered conditions within the immediately preceding list.

2   Termsβ–³

Terms applying throughout the conditions.

2-1   General termsβ–³

General terms that apply to the product.

The general terms applying to these conditions are:

  1. 1."Software" – the program code and associated data files supplied as part of the Product.
  2. 2."Product" – Smallsite Design files downloaded from the License Server.
  3. 3."Domain" – domain or subdomain as a unique Internet location that can host a site.
  4. 4."Domain Name" – name of the Domain.
  5. 5."Product Website" – website providing promotional information about the Product, currently
  6. 6."Pages" – web pages rendered using the Product as part of an Installation.
  7. 7."Content" – content and configuration information produced using the Product.
  8. 8."Documentation" – synonym for Online Help.
  9. 9."Online Help" – website providing context-sensitive help and procedures for an Installation, currently
  10. 10."Site Visitor" – person or owner of a process that accesses Pages belonging to an Installation via the Internet.
  11. 11."Seller" – authorised direct seller of the Product, currently FastSpring of 801 Garden St, Santa Barbara CA, USA and
  12. 12."Reseller" – purchaser of the Software from a Seller, who provides it for free or as part of hosting or installation services, and to whom any queries regarding an Installation using those purchases should be directed.
  13. 13."Controller" – person or entity who is legally entitled to be responsible for control of a Domain.
  14. 14."Price" – the value of the Product that the Seller pays to the Licensor for each License Code they sell, according to the contract in force between them at the time of sale.

2-2   License termsβ–³

Terms that apply to use and management of licenses for Smallsite Design.

The terms applying to the use of the License Code are:

  1. 1."Installation" – a website using Smallsite Design for the management of its Pages for a particular domain or subdomain, as originally installed using an Installation File.
  2. 2."Installation File" – PHP code file provided by the Licensor and downloaded from the Product Website for the purpose of creating an Installation.
  3. 3."Licensee" – the person or legal entity who knows the License Code, and who controls either the domain name nominated during initial installation of Smallsite Design or any subsequent domain name that the software is fully and completely transferred to by means allowed herein.
  4. 4."Licensor" – Patanjali Sokaris, who is the original copyright holder for the Software, or whomever has been explicitly and in writing granted ownership of those copyrights by inheritance or donation or sale, by them or subsequent owners.
  5. 5."Transfer – cause a License Code to be exclusively linked to a different Domain Name.
  6. 6."License Server" – website from which the Software is downloaded, either using the Installation File or the functionality within an Installation, currently
  7. 7."Process" – code executed on the License Server that controls the state of a License Record.
  8. 8."License Record" – database record on the License Server that the License Code and Domain are Linked by.
  9. 9."License Code" – string of a specific format provided by the Licensor, a Seller, or a Reseller, and that entitles and enables the Licensee to create or modify an Installation using it.
  10. 10."Linked" – state of a License Record on the License Server that contains both the License Code and a Domain Name.
  11. 11."Registered" – a Domain Name that is Linked to a License Code, or an Installation that is operating as a result of that.

A Process is usually initiated by a purchase through the Seller or an action within an Installation, but also by an action within the License Server by the Licensor or their employees. The Licensee is considered anyone who knows the License Code and has access to the cPanel account managing the server running that Installation, and thus they are in effective control of all aspects of the Installation. Therefore be careful to restrict access to those.

2-3   User termsβ–³

Terms that specify types of users and their actions.

The terms defining the types of users and their actions are:

  1. 1."Access" – access to an Installation by logging in through its internet interface.
  2. 2."User" – person who is given a username and password to allow them Access.
  3. 3."User Account" – the details of a User kept by the Installation, including their login credentials.
  4. 4."Manager" – User who has read-only Access, but may become a Master Manager.
  5. 5."Master Manager" – Manager who is allowed exclusive Access by the Installation to manage and modify the Installation as a result of no other Manager being a Master Manager at the time of the former's login.
  6. 6."Writer" – User who can be allowed Access to nominated articles by a Master Manager.
  7. 7."Guest" – generic User who is allowed non-exclusive read-only Access.
  8. 8."Assign" – when a Master Manager nominates a Manager or Writer, possible themselves, to exclusively write, translate, edit or review an article.

A Manager becomes a Master Manager when they login when no other Manager is currently a Master Manager. A Writer is intended to be engaged purely for writing, translating, editing or reviewing one or more articles. A Guest is so that an Installation for demonstration or training can be viewed simultaneously be multiple people using the same login credentials.

3   Authority to use License Codeβ–³

There are conditions governing who is entitled to use License Codes.

The conditions applying to use of a License Code are:

  1. 1.A License Code can only be initially issued by the License Server as a result of a Process initiated by the Licensor, or a Seller on behalf of one of their customers.
  2. 2.A License Code can be in a state where it is not Linked to a Domain Name, as when initially issued or subsequently caused not to be Linked to a Domain Name.
  3. 3.A License Code that is not Linked to a Domain Name can be legitimately used by anyone who knows the License Code as a result of them receiving it by legitimate means for their exclusive use.
  4. 4.Anyone who knows a License Code that is Linked to a Domain Name and who is the Controller or delegee of that Domain and the Installation using it might be able to initiate processes that can change the state of the License Record.
  5. 5.Only one Domain Name can be Linked to a License Code, except during a Transfer.
  6. 6.A Domain Name may be Linked to multiple License Codes, but is not recommended unless the excess ones have been lost.
  7. 7.Employees of the Licensor or the Seller are excluded from using a License Code that has been issued to someone else and not explicitly given to them.
  8. 8.The License Code is only warranted for use in an Installation running on a server using a Linux operating system, Apache web server, and PHP, all managed by cPanel, and that allows manipulation of the .htaccess file by PHP.

In general, those who know a License Code that is not Linked to a Domain Name have the opportunity to create an Installation. Also, any Installation can be used to unlink a Domain Name from a License Code, including those that had previously been lost and replaced by another. Therefore, it is essential to restrict knowledge of a License Code to those who can be trusted to use it properly. Perhaps keep it on a USB drive in a safe.

The software stack specified is very common, and often the cheapest for renting. The Product might be able to be used on another configuration, but will require being able to dynamically modify the site's .htaccess file directly from PHP code provided in the Installation File or the Product.

4   Installationβ–³

Conditions covering installation of the software.

The conditions governing installation of the Product are:

  1. a.A License Code is required to create an Installation.
  2. b.An Installation File is required to create an Installation.
  3. c.The Installation File must be uploaded to the root folder of the intended domain and invoked from the internet.
  4. d.The License Code, the locale to use as the master for the Installation, and an email address to which to send login details must be provided during installation.

The locale provided cannot be changed later on, except for one that differs only in the region, so care must be taken to choose that wisely. The email address will be used for sending the new login credentials, but also for onging notifications produced by the new Installation. The email address and login ID can be changed at any time after installation. The email address should be kept private.

5   Transferβ–³

There are specific means by which licences can be transferred.

The conditions governing the Transfer of a License are:

  1. a.A Transfer is initiated from a button in the Site page of an Installation.
  2. b.A new Domain Name will be added on that page and if the action is successful, that Domain Name is temporarily Linked as another Domain Name for a duration of at least 24 hours, after which it becomes the sole Domain Name.
  3. c.The Transfer may be cancelled at any time during the 24 hour period when both Domain Names are Linked.
  4. d.The Installation using the previous Domain Name will become not Registered, a state that will be indicated at the bottom of all public pages, and the only management actions that can performed are to Register the Domain Name to another License Code or completely remove the Installation.
  5. e.There will be an opportunity to make a full site archive of the current Installation prior to its removal so that it can be used to extract all its files into the root of the new site to make it the Installation.

An Installation can be fully transferred to a new hosting provider using the full site archive. When the Domain Name finally points to the new hoster's DNS servers, the Installation on the old hoster's servers will be inaccessible from the Internet using that Domain Name, and will have to be deleted manually, while the Installation on the new hoster's server will be fully operational with the complete Content available. Any attempt to use the previous Installation using the old hoster's server address will likely redirect to the site on the new hoster's server.

6   Refund of purchaseβ–³

There are conditions governing refunds for License Code purchases.

The conditions applying to refunds are:

  1. a.Refunds are issued according to the conditions set by the Seller, which may vary according to the payment provider used.
  2. b.If a refund has been issued for a License Code purchase, the License Record will be altered by the Licensor to both cause it to be inactive, and not be Linked to a Domain Name, causing any immediately previous Linked Installation to not be Registered.

Basically, a refund hides the License Code, so it cannot be found during an attempt at creating an Installation nor by an Installation during its operation.

Disputes over License Codes or Smallsite Design are subject to the laws of the jurisdiction of whomever was the last provider of the License Code.

The jurisdictions applying to Smallsite Design and its License Codes are:

  1. a.The jurisdiction for disputes involving License Codes purchased from the Seller are that agreed to in the purchase conditions with them.
  2. b.The jurisdiction for disputes involving License Codes obtained from a Reseller are those that are agreed with them at the time.
  3. c.Disputes with the Licensor are subject to the laws of the Australian Capitol Territory in Australia.

8   Limits of liabilityβ–³

Liability for the Product.

The conditions governing liability for the Product and its operation are:

  1. a.The Product is offered on a best-effort as-is basis for displaying non-critical public information.
  2. b.The liability for any disputes about the Product or its operation is limited solely to its purchase price.
  3. c.The Licensor assumes no liability for any Content, its loss, or any downtime due to faulty operation within the Product or improper actions by anyone using it, nor for any consequences of these.
  4. d.The Licensor undertakes best efforts to provide a timely new version that remedies faulty operations of the Product.
  5. e.It is the Content creator's responsibility to keep and download backup archives of the Content, even though the Product periodically creates and deletes some.
  6. f.The Licensor assumes no responsibility if the Product is used for any purposes that result in PCI Data, as defined by the Data Security Standard (DSS) of the Payment Card Industry (PCI), being stored within the Content.
  7. g.The Licensor assumes no responsibility for any Content that violates privacy, security or other legislation of any jurisdiction governing that Content.
  8. h.It is the responsibility of those using the Product to publish any required policies that satisfy any privacy, security or other legislation of every jurisdiction governing the Content.
  9. i.If any of the conditions in this document are precluded or modified by the consumer laws of the jurisdiction of the Seller or their customers, what is not precluded or modified of them, and all other items, remain in force.

The Product automatically creates and purges archives according to a predefined schedule. Archives that the Master Manager manually creates are exempt from that process. The Master Manager can delete or download any archive at any time. They can also upload an archive to overwrite the Content, or just import some elements from it.

9   User accountsβ–³

Smallsite Design requires a User Account for those who are to manage the site and edit articles.

The conditions governing each User Account are:

  1. a.A User Account is intended only for management of the Installation or its Content on a need to use and Access basis.
  2. b.It is the responsibility of the Master Manager to ensure that a User Account is only created for its intended purpose.
  3. c.It is the responsibility of the Master Manager to ensure that a User Account is removed when no longer required.
  4. d.A User can initiate an edit of their personal and contact information at any time, though there may be a delay until a Master Manager is logged in before it is actioned.
  5. e.Except for the current Master Manager, a User can initiate removal of their User Account at any time, though there may be a delay until a Master Manager is logged in before it is actioned.
  6. f.A User Account password is stored as hashed with a new salt each login.
  7. g.A User can change the password to their User Account at any time.
  8. h.The Master Manager can initiate a password change for a User at any time, requiring the affected User to create a new password at their next login.

Installations are not meant for having general users as there are severe limitations on what Content they can create and when they can do that.

10   Sellersβ–³

There are conditions governing Sellers.

The conditions regarding Sellers are:

  1. a.The Seller is responsible for conducting the end-to-end purchasing process, including customer purchase-specific enquiries, other than for any circumstances previously agreed to.
  2. b.There may be more than one Seller at any one time.
  3. c.The Seller is responsible for remunerating the Licensor for the Price for each License Code they sell within their agreed time frame.
  4. d.The Seller will not supply any License Code by any means that avoids payment of the Price for it to the Licensor.
  5. e.The Licensor will make best efforts to ensure that a License Code is provided to the Seller when requested, unless prevented by conditions outside their control.
  6. f.The Licensor takes no responsibility for sales where a License Code was not able to be obtained for any reason.
  7. g.The Licensor will disable sales from the Seller's site during any scheduled maintenance of the License Server that would result in it being unable to provide a License Code within the timeframe required.
  8. h.The Licensor will not store any information for the customer of the Seller who purchased the License Code, other than the License Code itself and any Domain Name Linked to it later.
  9. i.The Seller warrants to not provide any PCI Data, as defined by the Data Security Standard (DSS) of the Payment Card Industry (PCI), to the Licensor at any time, nor provide access to it.
  10. j.The Licensor can provide a License Code to whomever they wish.

The Seller is a provider of License Codes for the Price. The Licensor may provide License Codes for review or promotion as they see fit.

11   Resellersβ–³

Conditions covering responsibility for any Installation a Reseller has undertaken.

The conditions governing Resellers are:

  1. a.A Reseller assumes total responsibility for whatever services they offer to anyone whom they offer a License Code to, including being the point of first contact for assistance for their customers.
  2. b.The Licensor will provide Documentation in at least English, and provide best efforts to keep them up to date.
  3. c.A Reseller may direct a customer of theirs to any of the Documentation that will enable that customer to directly perform their own actions to complete their request.
  4. d.A Reseller will exclusively provide, upon completion of the key processes leading to creation of an Installation, to whom they are providing that Installation, the License Code and full login credentials for the domain registrar, hosting provider, cPanel and Installation accounts, and destroy any of their own copies of them.

Reselling is an opportunity for those with some website setup technical expertise to help others get their site operational before taking over management of it themselves. They are considered independent of a Seller or the Licensor, and take full responsibility for their actions and consequences. They should hand over full control of all accounts used to set up a Installation to the person they are doing the work on behalf of, and not keep any login credentials of those accounts, nor make them available to anyone else.

12   Site Visitorsβ–³

Conditions applying to Site Visitors.

The conditions applying to site visitors are:

  1. a.A site visitor will not try to disable or damage an Installation or otherwise cause someone or something else to do so.
  2. b.A site visitor directly or by an agent whether human or machine under their control will not cause an Installation to be unable to, or unreasonably limited in, responding to legitimate requests for its Content.

13   Availability of the Productβ–³

Conditions applying to availability of the Product or its materials.

The conditions applying to the availability of the Product or its materials are:

  1. a.No person shall cause the Product or it materials to be distributed to anyone other than by the prescribed use of an Installation File.
  2. b.No person shall cause the source code of the Product or its materials to be published by any means without explicit permission of the Licensor in writing.
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