Terms of Service
Thanks very much for choosing to use the Bambuu service from Artisan Technology. By registering with us to use the Bambuu web application builder and associated web hosting service you are expressly agreeing to be bound by the following terms and conditions ("Terms of Service"):
Payment and Terms
You agree to supply appropriate payment for the web hosting services received from Artisan Technology, such payment to be made in advance of the time period during which such services are provided. You agree that unless and until you notify Artisan Technology of your desire to cancel the services received, they will be billed on a recurring basis. The categories and prices of our services are described here and we reserve the right to change them as necessary from time to time, either in the form of a temporary promotion, a new service or alteration of an existing plan. Changes to permanent plans will be charged prospectively 30 days after we notify you of the proposed change.
You are responsible for paying all sums and relevant taxes owing under the terms of the plan in a timely manner and you authorise Artisan Technology to deduct such charges from your chosen payment method accordingly. Payments are non-refundable and there will be no partial refunds, credits, or downgrade refunds for any plan. No exceptions will be made to this rule. Downgrading your service may result in the loss of content, features, or capacity. Artisan Technology does not accept any liability for such loss.
It is the client's responsibility to ensure that their payment information is up to date, and that all sums due are paid on time. Artisan Technology provides a 7 day grace period from the time the invoice is generated and when it must be paid. Any invoice that remains unpaid after 7 days will result in a $15 late fee and/or an account suspension until payment has been made in full. The $15 fee is applied in addition to whatever other sum is owed to Artisan Technology for services rendered. Access to the account will not be restored until payment has been received.
Acceptable Use and Conduct
Customers may only use the Bambuu service for lawful purposes. You agree not to make available any content through the Bambuu service or site which is unlawful, offensive, libelous, defamatory, inflamatory, lewd or pornographic, obscene or violates any party’s patent, copyright or intellectual property rights or these Terms of Service. You also agree not to host any content for relaying unsolicited emails or forum postings (spam) or content which in the sole judgement of Artisan Technology is objectionable or may expose Artisan Technology or its affiliates or users to any harm or liability of any sort in local, national or international law.
Users are ultimately responsible for all actions taken under their account, which includes, but is not limited to, the compromise of credentials such as user name and password. We further reserve the right to refuse service to anyone and/or to require changes or disable any web site, account, database, or other component that does not comply with our established policies, or to make any such modifications in an emergency at our sole discretion.
Content Ownership and Copyright
We do not claim any intellectual property rights in your user content, your uploaded material remains yours. However we do reserve the right to use your user content to the extent necessary to operate our service in a proper and efficient manner.
Indemnification
You expressly agree that Artisan Technology shall not be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the service or content, including without limitation any damages caused by or resulting from your reliance on the service or accessible via the service, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, destruction, theft, or unauthorized access to Artisan Technology's records, programs or services.
You further agree to defend, indemnify, save and hold Artisan Technology harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Artisan Technology, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. This indemnity shall include, but not be limited to, any claims made by any person that any of your user content infringes the rights, including the intellectual property rights, of any third party.
The services and content provided by the Artisan Technology site are provided to you on an “as is” basis without warranties of any kind, either express or implied. Artisan Technology shall not be responsible for any damages your business may suffer, your use of the service is at your sole risk. Artisan Technology disclaims any warranty or merchantability or fitness for a particular purpose, including loss of data resulting from delays, failure of deliveries, incorrect delivery, and any and all service interruptions caused by Artisan Technology and its employees.
Termination
Artisan Technology reserves the right, at our sole discretion, to cancel, suspend, or otherwise restrict access to your current or future use of the service at any time with or without notice.
Customers may cancel at any time via the official cancellation link that can be found in your Account area. You are solely responsible for properly cancelling your account using this method and an email, postal or telephone request for cancellation shall not be enough to cancel your account. All of your content and files will immediately be deleted upon cancellation and retrieval of such data shall be not be possible once the cancellation has been completed.
We may deactivate your account if it is inactive for at least 90 days. Deactivated accounts are not erased from the service, but are archived and can be restored. You will be notified by email if we decide to deactivate your account. If after your account has been deactivated it stays inactive and we don’t hear from you, we may terminate it at any time and without notice.
Arbitration
By using any Artisan Technology service, you agree to submit to binding arbitration, to be handled by an arbitrator of Artisan Technology's choice, in the event of any claim, dispute or controversy arising out of or relating to these Terms, use of the Artisan Technology service or any statements, advertisements or promotions relating to your use of the service. All decisions rendered by the arbitrator will be binding and final on all parties.
General Conditions
Bambuu is designed to be used by those over 13 years old to comply with various child access laws, so you must be 13 years or older to use the service.
You must not modify, adapt or reverse engineer the service or reuse source code that is in public view. All code is copyright Artisan Technology.
All accounts are subject to a 'fair use' policy which is at the sole discretion of Artisan Technology. We reserve the right to immediately throttle, disable or temporarily halt your account if it is clear that your activities are impacting negatively on other client accounts. At such point we will notify you of this action and request that you rectify your excessive usage pattern before your account can be restored.
Artisan Technology does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
Please refer to Artisan Technology's privacy policy, available at privacy policy for information on how we collect and use customer information. By using the service you agree to our use, collection and disclosure of personally identifiable information in accordance with this privacy policy.
Amendments
The failure of Artisan Technology to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Artisan Technology and govern your use of the Service, superceding any prior agreements between you and Artisan Technology.
Contact
Questions about this Terms of Service document and any other aspects of your realationship with Artisan Technology should be directed to admin at Artisan Technology dot net.