Terms & Policies

Productive CMS Terms of Service

1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF USE

Your use of Productive CMS indicates your agreement to the Productive CMS Terms of Use laid out below and acknowledgment of the Productive CMS Legal Statements. These documents may be modified without prior notice.  User's continued use of the service constitutes an affirmative acknowledgment by user of these modifications.

The most current version of The Terms of Use and Legal Statements will always reside online at http://productivecms.com . The Productive CMS Terms of Use and Productive CMS Legal Statements comprise the entire agreement between the users and Productive I.T., L.L.C., unless otherwise indicated.

2. DESCRIPTION OF SERVICE, MODIFICATIONS TO SERVICE
Productive CMS provides users with various web publishing and content management services, including but not limited to the ability to create and maintain a web site as well as the hosting services for this web site. In order to use the service users should provide for own access to internet and pay any service fees associated with such access.

(i) Subscription to Productive CMS can be free or paid depending on the selected package. Productive I.T., L.L.C. reserves the right to change the terms of service and prices without prior notification as long as the fees for current accounts remains at the rates that were active at the time of subscription. Changes to the rates affecting old accounts will be made only after timely notification to all Productive CMS users. Such notifications will be posted on productivecms.com and sent via email to the email address each customer has provided during registration.

(ii) Owners of Productive CMS free accounts should login to Admin view and use the account at least once in 6 months to keep their account active. Accounts for which there is no registered action in Admin view for a period of 6 months will be considered inactive. Productive I.T., L.L.C. reserves the right to take away the free upgrades of inactive accounts and delete inactive accounts, following an email notification.

(iii) Productive I.T., L.L.C. reserves the right to suspend accounts which are using features and designs outside of the package they paid and fail to upgrade to a the respective package after being notified for this.

(iv) Productive I.T., L.L.C. reserves the right to showcase customer sites as examples of the service on productivecms.com or productiveit.com and inside marketing materials unless a specific request not to feature the site in product marketing materials has been filed by the owner of the website.

3. USERS OBLIGATIONS AND CONDUCT

Each user bears the sole responsibility for the content published on their Productive CMS website. Productive I.T., L.L.C. does not control the content posted via the service and, as such, does not guarantee the accuracy or quality of such content and cannot be held responsible for it. Use of the service is subject to all applicable local, state, national and international laws and regulations as well as to internet-specific policies and procedures.

User agrees:
(i) not to use the service for illegal purposes;
(ii) not to publish any material that is unlawful, harassing, abusive, threatening, offensive, vulgar, obscene, harmful, libelous, invasive of another's privacy or constitutes an infringement of third party intellectual property rights.
(iii) not to interfere with or disrupt in any way the service including servers and networks connected to the service;
(iv) not to interfere with another user's enjoyment of the service.
User should indemnify and hold Productive I.T., L.L.C. and their subsidiaries, affiliates, officers and employees, harmless from any claim or demand made by any third party due to or arising out of user's conduct, violation of these Terms of Use by user, or the infringement by user of any intellectual property or other right of any person or entity.

Productive I.T., L.L.C. may, at their sole discretion, terminate the service should a user's conduct fail to conform to these terms and conditions.
 
4. USER ACCOUNTS AND SECURITY
Users are entirely responsible if they do not maintain the confidentiality of their password and account, as well as of password protected areas of their sites. Users are entirely responsible for any and all activities which occur under their account.

5. OWNERSHIP
Users retain full copyright ownership and all related rights for materials published on their Productive CMS website. Productive I.T., L.L.C. retains full copyright ownership and all related rights for all designs that are part of Productive CMS service. Using the built-in designs or elements of them outside Productive CMS if not permitted, unless a special license is purchased.

6. STORAGE AND OTHER LIMITATIONS
Productive I.T., L.L.C. reserves the right to automatically clean assets exceeding the storage limit, after sending an email notification for exceeding the limit and failure on the part of the user to take subsequent action to clean the surplus assets or alternatively request an upgrade of the account. Productive I.T., L.L.C. assumes no responsibility for the deletion or failure to store information entered into Productive CMS.
 
7. NOTICE AND TERMINATION OF SERVICE

Either Productive I.T., L.L.C. or the user may terminate use of the Service with or without cause at any time and effective immediately. Productive I.T., L.L.C. shall not be liable to users or any third party for termination of the service. Upon termination, user's right to use the service and the related software ceases immediately.

8. SALES TERMS

All paid plans are month to month, quarter to quarter, or year to year. All sales are final. You can upgrade or change your plan from http://support.productiveit.com.  Once you are on one of our paid plans, you will be billed monthly/quarterly/annually until you cancel. You can cancel anytime from http://support.productiveit.com.  In order to avoid the next billing, the cancellation should be submitted at least 15 days prior to the paid plan's next due date.

All notices shall be in writing and shall be made either by publication or via email. Productive I.T., L.L.C. may publish notices on this website (http://productivecms.com ) to inform users of changes to the service, Terms of Use, or other important procedures; such postings shall constitute notice to users.

LEGAL STATEMENTS

1. PRIVACY POLICY

Productive I.T., L.L.C. respects the privacy of their Productive CMS users. We do not disclose or sell user account information to third parties. Your email will be used only to notify you about Productive CMS-related news.

Productive I.T., L.L.C. will not monitor, edit, or disclose the contents of a user's website unless obliged to do so by law or if such action is necessary to: (i) protect and defend the rights or property of Productive I.T., L.L.C. or (ii) fix or debug problems with the Productive CMS software/service.

2. DISCLAIMER OF WARRANTIES

As User of the service you agree that the use of the service is at Users sole risk. The service is provided on an "as is" and "as available" basis.

Productive I.T., L.L.C. disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Productive I.T., L.L.C. makes no warranty that the service will meet your requirements, or that the service will be uninterrupted, timely, secure, or error-free. Nor does it make any warranty as to the accuracy or reliability of any information obtained through this service or that defects in the software will be corrected.

You understand that any material/data downloaded or otherwise obtained through this service is done at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results in such a download.

No advice or information, either oral or written, obtained by you from Productive I.T., L.L.C. shall create any warranty not expressly stated herein.

3. LIMITATION OF LIABILITY, INDEMNIFICATION

Productive I.T., L.L.C. shall not be liable for:

(i) Any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the service

(ii) Cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through this service

(iii) Unauthorized access to or alteration of Member's transmissions or data, including but not limited to damages or loss of profits

(iv) Statements or conduct of any third party on the service

4. Productive I.T., L.L.C. PROPRIETARY RIGHTS
Users agree that Productive CMS as a service and software contain proprietary and confidential information that is protected by applicable intellectual property, trademark and other laws. Except if expressly authorized by Productive I.T., L.L.C., you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Productive CMS service and software in whole or in part.

5. TRADEMARKS
Productive CMS, Productive I.T., DIY Site Creator and Productive Sites are trademarks of Productive CMS, Inc. All other mentioned trademarks are owned by their respective owners

6. LAWS
The Productive CMS Terms of Use shall be governed by and construed in accordance with the laws of the state of Alabama

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