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Smallsite Design

Build a site, not just pages

6. Terms and conditions

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

1   Termsβ–³

Terms applying throughout the conditions.

1-1   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 Internat 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 any Installations using those purchases should be directed.

1-2   License termsβ–³

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

The general terms applying to these conditions 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 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, 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.

2   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. 1A 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 clients.
  2. 2A 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. 3A 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. 4Anyone who knows a License Code that is Linked to a Domain Name and who controls that Domain and the Installation using it is allowed to initiate processes that can change the state of the License Record.
  5. 5Only one Domain Name can be Linked to a License Code, except during a Transfer.
  6. 6A Domain Name may be Linked to multiple License Codes, but is not recommended unless the excess ones have been lost.
  7. 7Employees 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.

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 that had previously been lost and replaced by another. Therefore, it is essential to restrict knowledge of the License Code to those who can be trusted to use it properly. Perhaps keep it on a USB drive in a safe.

3   Installationβ–³

Conditions covering installation of the software.

The conditions governing installation of the Product are:

  1. aA License Code is required to create an Installation.
  2. bAn Installation File is required to create an Installation.

4   Transferβ–³

There are specific means by which licences can be transferred.

The conditions governing the Transfer of a License are:

  1. aA Transfer is initiated from a button in the Site page of an Installation.
  2. bA new Domain Name is added on that page and is the action is successful, that Domain Name is temporarily Linked as another Domain Name for the duration of at least 24 hours, after which it becomes the sole Domain Name.
  3. cThe Transfer may be cancelled at any time during the 24 hour period when both Domain Names are Linked.
  4. dThe 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. eThere is an opportunity to make an archive of the Content of the current Installation prior to its removal so that the archive can be used to overwrite the default Content of the new Installation.

An Installation can be fully transferred to a new hosting provider using a full site archive created using its cPanel site management software. 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 new Installation.

5   Refund of purchaseβ–³

There are conditions governing refunds for License Code purchases.

The conditions applying to refunds are:

  1. aRefunds are issued according to the conditions set by the Seller, which may vary according to the payment provider used.
  2. bIf a refund or reversal 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 associated Installation to not be Registered.

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

7   Limits of liabilityβ–³

Liability for the Product.

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

  1. aThe liability for any disputes about the Product or its operation is limited to its purchase price.
  2. bThe 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.
  3. cThe Licensor undertakes best efforts to provide a timely new version that remedies faulty operations of the Product.
  4. dIt is the Content creator's responsibility to keep backup archives of the content.
  5. eThe 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.
  6. fThe Licensor assumes no responsibility for any Content that violates privacy, security or other legislation of any jurisdiction governing that Content.
  7. gIt 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.

8   User accountsβ–³

Smallsite Design requires user accounts for those who are to manage the site and edit articles.

The conditions regarding user accounts are:

  1. aUser accounts are intended only for management of the Installation and its Content on a need to use and access basis.
  2. bIt is the responsibility of the operator of the Installation to ensure that user accounts are only created for their intended purpose.
  3. cIt is the responsibility of the operator of the Installation to ensure that user accounts that are no longer required are removed.
  4. dA user can edit their personal and contact information or remove their accounts at any time, though there may be a delay until it is actioned.

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

9   Sellersβ–³

The conditions governing sellers are.

The conditions regarding Sellers are:

  1. aThe 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. bThe Seller is responsible for remunerating the Licensor for the agreed amount for each License Code sold within the agreed time frame.
  3. cThe 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.
  4. dThe Licensor takes no responsibility for sales where a License Code was not able to be obtained for any reason.
  5. eThe 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.
  6. fThe Licensor will not store any information for the License Code purchaser, other than the License Code itself and any Domain Name Linked to it later.
  7. gThe 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   Resellersβ–³

Conditions covering responsibility for any Installations Reseller has undertaken.

The conditions governing Resellers are:

  1. aA 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 clients.
  2. bThe Licensor will provide Documentation in at least English, and provide best efforts to keep them up to date.
  3. cA Reseller may direct a client of theirs to any of the Documentation that will enable that client to directly perform their own actions to complete their request.
  4. dA Reseller will provide, upon completion of the key processes leading to creation of an Installation, to whom they provided a License Code for that Installation, the full login credentials for the domain registrar, hosting provider, cPanel and Installation accounts, and destroy any of their own copies of them.

11   Site Visitorsβ–³

Conditions applying to Site Visitors.

The conditions applying to site visitors are:

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