HotDoodle is a web-based service offered by Metabyte®, Inc. from the domain www.Hotdoodle.com (hereinafter “HotDoodle” or the “Service”). This Terms of Service/Member Agreement (“Agreement”) covers your use of and/or account with the Service, including creating, building and/or editing a website(s), hosting services and tools, and/or participating in on-line forums and activities through the Service. You can join the Service by creating an account, and building your own website(s) for business or personal use. The Service offers free and paid subscription plans.
Portions of the Service are publicly available to all visitors to the HotDoodle.com website. Other portions of the service are available only to registered members (“Members”). This Agreement applies to both visitors to the Service and Members. By registering an account (“Member Account”) with the Service, or by using the Service in any manner, you acknowledge and agree to the terms stated in this Agreement.
HotDoodle reserves the right to modify this Agreement at any time, and without prior notice, by posting amended terms at this website, http://www.HotDoodle.com/?section=Terms. Non-material changes and clarifications will take effect immediately, and material changes will take effect within 14 days of their posting on the HotDoodle.com website. If we make changes, we will post them and will indicate at the top of this page the Agreement’s effective date. We therefore encourage you to refer to this Agreement on an ongoing basis so that you understand the current Agreement. Your continued use of the Service indicates your acceptance of the current Agreement.
Additionally, you must be eighteen (18) years or older to establish an account for our paid services (e.g., a subscription plan for a webpage that does not contain advertising). If you register for paid services, you represent that you are at least eighteen (18) years old when you register for the services.
When you register, you create a Member Account. Your membership identifies you as a person and is non-transferable. When you establish your Member Account, you also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Information”) and (b) maintain and promptly update the Registration Information to keep it true, accurate, current and complete. If you are creating a membership for a club, organization or business, be sure that the member information accurately reflects this, or we may ask you to transfer the Services to a membership that does. Unless you are a parent or guardian establishing a paid account for a minor, you may not set up an account for an individual other than yourself.
If you provide any information that is untrue, inaccurate, not current or incomplete, or if HotDoodle has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HotDoodle has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Additionally, you may also use certain HotDoodle modules to invite visitors to register for inclusion in mailing lists. You agree to reasonably inform such visitors that their information will be used for email. Additionally, through these modules, visitors to your website may register and chose to join groups that are included in e-mailing lists. HotDoodle reserves the right to add "opt-out" and other communication and account management links and information to any email that may be sent from the Service. You agree not to obscure or attempt to hide these links and information.
HotDoodle accepts no responsibility for viruses that may be transmitted to you via email, ftp, http or any other means of electronic transfer. While HotDoodle employs reasonable virus scanning methods to protect data on its servers, we cannot prevent transmission of viruses to your computer system via the Internet.
HotDoodle strives to provide the best possible service to all its customers. To that end, we will not tolerate any unlawful activity or abuse of our servers. We also respect freedom of speech and expression unless it is harmful to others. The requirements set forth in this section are a condition of using the Service, and as such you agree to all of the following:
- a) You must be a registered Member to create, build, edit or remove a website or webpage on the Service.
- c) You are solely responsible for your conduct and any content that you post, and display on the website you develop through the Service (as well as any content you allow others to submit, post and/or display on the Service under your username or in websites you may create or build through the Service).
d) You agree not to include pornographic and sex-related links or merchandising on any website created, built or edited through the Service. This prohibition includes creating, building or editing websites that may infer sexual content, or link to adult content elsewhere. HotDoodle shall be the sole arbiter in determining violations of this provision.
- e) You acknowledge that HotDoodle does not pre-screen content that you post on your website built and published through the Service (“Member Content”). You further acknowledge that HotDoodle shall have the right (but not the obligation) in its sole discretion to refuse or to remove any Member Content that is available through the Service. Without limiting the foregoing, HotDoodle shall have the right to remove any Member Content that violates this Agreement, is illegal, or is otherwise objectionable as determined in HotDoodle’s sole discretion. You agree that you must evaluate and bear all risks associated with the use of any Member Content including any reliance on the accuracy, completeness, or usefulness of such Member Content.
- f) While using the Service, Members and visitors agree not to:
- i) attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the rules contained in this Agreement;
- ii) upload, post, email, transmit or otherwise make available any content directed at Members or visitors that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- iii) upload, post, email, transmit or otherwise make available to Members or visitors any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation;
- iv) use the Service for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
- v) impersonate a HotDoodle employee or user, or falsely state or otherwise misrepresent your affiliation with a person or entity;
vi) transmit email or any other content that (a) includes personal or identifying information about another person without that person’s express consent, or (b) is false, deceptive, misleading, deceitful, or constitutes “bait and switch”;
- vii) sell or offer for sale materials that infringe a patent, trademark, trade secret, copyright or other proprietary rights of another person or entity, or offer content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- viii) advertise any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;
- ix) transmit any worms or viruses or any code of a destructive nature to Members or visitors;
- x) provide materials or any other content for download that contain viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- xi) disrupt the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects Members’ and visitors’ ability to use the Service;
- xii) employ misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Service;
- xiii) attempt to gain unauthorized access to HotDoodle’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service;
- xiv) “stalk” or otherwise harass anyone on the Service;
xv) collect any personally identifying data about Members or visitors for unlawful purposes;
- xvi) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service-except for internet search engines (e.g. Google or Yahoo!) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved”;
- xvii) develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Service.
When you create, build or edit the content you have created through the Service, you retain ownership of any copyright you claim to your submitted content (“Member Content”). However, by using the Service to create, build or edit your content and/or to make your content available through the Service, you automatically grant HotDoodle a royalty-free, non-exclusive, worldwide, sublicensable (through multiple tiers) right to exercise copyright, publicity and database rights (but no other rights) you have in your Member Content, in any media now known or later developed, for the sole and limited purposes of making the content available through the Service and from time to time for advertising the Service. This license includes the rights under copyright to reproduce, publish, translate, modify, adapt, distribute, perform, and display the Member Content alone or as part of other works in any form, media, or technology whether now known or later developed. This license will terminate if your Member Account is terminated.
We respect the intellectual property rights of others, and we ask that our users do the same. It is our policy to disable access to or remove material that we believe in good faith to be infringing on a copyrighted work. We also disable and/or terminate the accounts of users who we believe in good faith are repeatedly infringing copyrighted works.
Our Copyright Policy has been developed in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, and is available at www.HotDoodle.com/?section=Copyright By accepting this Agreement, you agree to be bound by our Copyright Policy, which is by this reference expressly incorporated into this Agreement.
THE SERVICE IS PROVIDED TO YOU ON AN ‘AS IS’ BASIS, AND WITOHUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, AN IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You may terminate your Member Account at any time and for any reason. To do so, go to http://www.hotdoodle.com?section=my-stuff, login, click the My Info link and then the Delete Account link, and then follow the instructions. You may terminate a service at any time for any reason. To do so, go to http://www.hotdoodle.com , login, click on the service, and then click the links to turn it off or delete it. HotDoodle will not refund or credit you for the current term, but we will make available for refund the portion of any prepayment you have made at the rate you paid minus the proportionate amount you consumed prior to termination of your Member Account services.
We may terminate your Member Account and/or prohibit you from using or accessing the Service for any reason at any time. Additionally, we may terminate your Member Account, including without limitation, the content, domain names and email related to that account, if it remains inactive for a period of 60 days or longer. We may also terminate your Member Account if you do not timely pay for the Service. We further reserve the right to terminate your Member Account immediately, without prior notice or liability, if we determine, in our sole discretion and/or judgment, that you are in violation of any term or condition of this agreement, or if your use of the Service disrupts, or in HotDoodle’s sole discretion and/or judgment, could disrupt, HotDoodle’s business operations.
Upon termination, HotDoodle reserves the right to permanently delete from its servers any and all information and content contained in your Member Account, including without limitation, order processing information, mailing lists, files, email, and any web pages generated by you or the Service. HotDoodle accepts no liability for such deleted information or content.
All provisions of this Agreement will survive termination, including, without limitation, ownership provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.
If you elect to purchase a subscription for the Service, you agree that HotDoodle may charge your credit card or PayPal account for the appropriate service amount (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Member Account. When you purchase a subscription for the Service, you also agree that your Member Account will be automatically renewed on a monthly quarterly, biannual, or yearly bases, and your credit card will be charged the appropriate payment amount, according to the terms established when you purchase the subscription Service. Your credit card will be automatically charged on your anniversary unless a cancellation request has been submitted through the website or through your PayPal account. In some cases HotDoodle may send reminders to the email address of the website owner regarding anticipated account cancellation due to non-payment. We do not send paper bills or statements by postal mail or fax.
YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING HOTDOODLE WITH A VALID CREDIT CARD OR PAYPAL ACOCUNT DETAILS FOR PAYMENTS OF ALL FEES. All fees will be billed to the credit card or the PayPal account you designate during the Member registration process. If you want to designate a different credit card or if there is a change in your credit card or PayPal account status, you must change your credit card or PayPal account information on-line at the Member profile information page of the Service. You can always log into your Member profile by providing your username and password at this link: http://www.HotDoodle.com. Please note that there may be a temporary disruption of your access to the Service until HotDoodle can verify the validity of new credit card or PayPal account information.