YikeSite Terms of Service

By using the YikeSite.com web site (“Service”), a service of YikeSoftware Inc, (“YikeSoftware”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

This Agreement is applicable to all YikeSite customers and is modified as required for Resellers of the Service. A Reseller (“Reseller”) is defined as a YikeSite customer who resells the Service under its own brand name and pays YikeSite at a discounted rate, as outlined on the YikeSite reseller pricing matrix, for each customer website under their account.

YikeSoftware reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at http://www.yikesite.com/terms.

Account Terms

Violation of any of these agreements may result in the termination of your Account. While YikeSoftware prohibits such conduct and content on the Service, you understand and agree that YikeSoftware cannot be responsible for the content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Payment, Refunds, Upgrading and Downgrading Terms

A valid credit card is required for paying accounts.

We bill in U.S. dollars (USD) for all services. Billing in any other currencies is unavailable at this time.

The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding Canadian Government Sales Tax (HST/GST) if you reside in Canada.

For any change in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.

Downgrading your Service may cause the loss of content, features, or capacity of your Account. You will save harmless YikeSoftware Inc. from any liability for such loss.

Cancellation and Termination

You are solely responsible for properly canceling your account and can do so by using the self-cancellation link in the admin control panel. This is a simple no questions asked process. Yikesite Customer Support will respond to your request personally and provide you with your last date of service.

When your last date of service is reached, your content and site will be deleted immediately. YikeSoftware Inc. does not provide a backup service to restore deleted accounts or content, any such backup is the responsibility of yourself.

If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately but you will not be charged again.

YikeSoftware, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other YikeSoftware service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. YikeSoftware reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

YikeSoftware reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the YikeSite Website or the Service itself.

YikeSoftware shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

We claim no intellectual property rights over the material you provide to the Service. Your content, files and images uploaded remain yours. However, any page on your site is public and you agree to allow anyone to view and share your content.

YikeSoftware does not pre-screen content, but YikeSoftware has the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.

The look and feel of the Service is copyright YikeSoftware. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from YikeSoftware. Resellers may request approval to use YikeSite logos & wordmarks for use in their own marketing efforts.

General Conditions

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.

Technical support is only provided to paying account holders who are current with their account, and is only available via email.
You understand that YikeSoftware uses third party vendors and hosting partners to provide the necessary hardware, software, networking, and related technology required to run the Service.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, YikeSoftware Inc., or any other YikeSoftware service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by YikeSoftware Inc..

We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any YikeSoftware YikeSoftwarecustomer, employee, member, or officer will result in immediate account termination.

You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.

You must not use the service to host “link farms” for SEO purposes.

You must not transmit any worms or viruses or any code of a destructive nature.

If your bandwidth significantly exceeds the average bandwidth usage (as determined solely by YikeSoftware Inc.) of other YikeSite customers, we reserve the right to immediately disable your account or throttle your file or image hosting until you can reduce your bandwidth consumption.

YikeSoftware 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.

You expressly understand and agree that YikeSoftware Inc. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if YikeSoftware has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) termination of your account; or (vi) any other matter relating to the service.

This indemnification shall extend to YikeSoftware Inc., its officers, shareholders, principals, agents, directors, partners, employees, subsidiaries, parent company, successors and assigns, from and against any and all claims, demands, damages, actions or causes of action of every kind and nature, whether known or unknown, arising out of the relationship between YikeSoftware Inc. and yourself in entering to this agreement.

The failure of YikeSoftware Inc. 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 YikeSoftware and govern your use of the Service, superceding any prior agreements between you and YikeSoftware (including, but not limited to, any prior versions of the Terms of Service).

Reseller Program

The Reseller is granted non-exclusive rights to sell resell the service in any territory or market.

Though the Reseller’s Service is provided by YikeSoftware, the Reseller’s customer billing is managed by the Reseller and you indemnify YikeSoftware Inc., its officers, shareholders, principals, agents, directors, partners, employees, subsidiaries, parent company, successors and assigns, from and against any and all claims, demands, damages, actions or causes of action of every kind and nature, whether known or unknown, arising out of your management of such account billing.

The Reseller will keep its account current. Failure to do so will result in deactivation (or possible deletion) of the Reseller website as well as any sub-accounts (websites) the reseller has signed up.

The Reseller will provide technical support directly to its customers.

YikeSoftware will provide technical support directly to the Reseller.

The Reseller is granted the right to bundle the Service with other products/services it may offer or by any other 3rd party service as long as the product or service does not directly compete with YikeSite.

Contact Information

You can contact YikeSite by mail, e-mail or phone:

Phone:
(877) 589-2899 x101

Mail:
111 Farquhar St., Suite 68
Guelph, Ontario N1H 3N4

Email:
support@yikesite.com