ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF USE

Your use of Factor Three CMS (a software service product provided by Factor Three Software LLC) indicates your agreement to the Factor Three CMS Terms of Service laid out below. This document may be modified without prior notice provided that the terms regarding the introduction of paid services are not altered without timely notification of all users. User's continued use of the service constitutes an affirmative acknowledgment by user of these modifications.

DESCRIPTION OF SERVICE AND MODIFICATIONS TO SERVICE

Factor Three CMS provides users with various web publishing and content management services, including but not limited to the ability to maintain web content as well as the hosting/client access services for this content. In order to use the service users should provide for their own access to internet and pay any service fees associated with such access. Factor Three CMS reserves the right to change the terms of service and prices for paid and/or free sites and upgrades without prior notification.

USERS OBLIGATIONS

Each user bears the sole responsibility for the content published on their Factor Three CMS account/website. Factor Three CMS 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. Factor Three CMS will only make changes to a users website content on their written consent via email or via mail. Any changes made to the client's website at their request would AT ALL TIMES have to adhere to the Terms of Service. 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.
(v) not to use provided services for any more than one website on one domain.
(vi) not to use the provided services for anything other than hosting content for a website.

User should indemnify and hold Factor Three CMS and its 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. Factor Three CMS may, at its sole discretion, terminate the service should a user's conduct fail to conform to these terms and conditions.

WARRANTY

Factor Three CMS provides all services "As Is" without warranty of any kind.

USER ACCOUNTS AND SECURITY

Users are entirely responsible if they do not maintain the confidentiality of their password and account. Users are entirely responsible for any and all activities which occur under their account. Users agree to immediately notify Factor Three CMS administrators of any unauthorized use of their account or any other breach of security known to user.

CONTENT OWNERSHIP

Users retain copyright ownership and all related rights for materials published within their Factor Three CMS account/website(s).

STORAGE AND OTHER LIMITATIONS

Factor Three CMS reserves the right to impose content storage limitations. Factor Three CMS reserves the right to impose bandwidth limitations. Factor Three CMS 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. Factor Three CMS assumes no responsibility for the deletion or failure to store information entered into Factor Three CMS.

NOTICE AND TERMINATION OF SERVICE

Either Factor Three CMS or the user may terminate use of the Service with or without cause at any time and effective immediately. Users will not recieve any refunds upon cancellation. Factor Three CMS 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 will cease.