TERMS OF SERVICE | Websites for Photographers | Websites for Artists | Portfolio Website Templates

The Services We Provide

In exchange for the yearly subscription you pay, we will provide you with a website template built on the WordPress™ platform and host your website on one or more of our servers, so long as you abide by the terms and conditions that are set out on this page, and in any other agreements that relate to the services we may provide to you. We will provide the services according to the specifications listed for the hosting plan included with the yearly subscription. For clarity, on this page, the term “services” or “service” refers to the web hosting and website templates that we will provide to you. The term “FOLIO WEBSITES” or “us” or “we” refers to FOLIO WEBSITES, formerly a subsidiary of H2O CREATIVE, LLC. The term “Client” or “you” refers to purchasers of FOLIO WEBSITES service.

FOLIO WEBSITES reserves the right at any time to:
1. Change the Terms of Service;
2. Change the site services, including eliminating or discontinuing any content or feature of the site services.

Fees and Pricing

FOLIO WEBSITES charges a yearly subscription fee of $175.00 for FOLIO WEBSITES service through PayPal’s automatic subscription service. All payments are in USD.

Templates and ownership

FOLIO WEBSITES has/will provide Client with a website template in accordance with a purchase order or other documents setting forth the design, style, and name of the FOLIO WEBSITES template. FOLIO WEBSITES grants Client a limited, non-exclusive, non-transferable license to use the Template for the sole purpose of marketing and providing information on the World Wide Web regarding Client’s business. The FOLIO WEBSITES back-end database will allow Client to log in to Client website template with a password and upload, edit, and delete images in specified galleries. Client may access data on the FOLIO WEBSITES servers contained in their account only. With the exception of read-only access to log files, neither Client, nor any users, shall have the authority to access, read, or write data to any other location or account on the FOLIO WEBSITES servers. Client may not use the Template for any other purpose.

U.S. copyright laws and international copyright treaties protect the Templates and FOLIO WEBSITES Databases. The Database is Confidential Information as hereinafter set forth are proprietary to FOLIO WEBSITES, and title shall remain in FOLIO WEBSITES. All applicable common law and statutory rights to the aforesaid including, but not limited to, rights in confidential and trade secret material, source code, object code, menus, structure and sequence, screen shots, trademarks, service marks, patents, and copyrights, shall be and will remain the property of FOLIO WEBSITES. Client shall have no right, title, or interest in such proprietary rights except as set forth herein.

THE TEMPLATES CONTAIN CONFIDENTIAL AND TRADE SECRET MATERIAL AND THE KNOW-HOW OF FOLIO WEBSITES, WHICH IS NOT READILY SUSCEPTIBLE TO REVERSE ENGINEERING, REVERSE DECOMPILING, OR DISASSEMBLING AND MAY CONTAIN PRINTED OR VISUALLY-PERCEPTIBLE MATERIALS DESCRIBING THE USE OR DESIGN OF WHICH IS PROPRIETARY TO FOLIO WEBSITES.

Refunds and Cancellations

Due to the open source nature of FOLIO WEBSITES website templates, all sales are final. The $175 yearly payment for FOLIO WEBSITES service is non-refundable. If a client wishes to cancel his/her account and hosting service, the client is responsible for canceling the PayPal subscription that was agreed to in the purchase process. An email or phone request to cancel your account is not considered a cancellation. All monies collected prior to cancellation of an active subscription to FOLIO WEBSITES service are non-refundable. There will be no refunds or credits for partial months or years of service or refunds for months unused with an open and/or active account. In order to treat everyone equally, no exceptions will be made.

If a client does not cancel the automatic subscription set up and authorized within PayPal, the client understands that the yearly subscription will automatically renew and the client authorizes FOLIO WEBSITES to collect the then-applicable annual subscription fee.

For security reasons and the protection of your privacy and financial accounts, FOLIO WEBSITES does not have the ability to modify payment amounts, activate recurring payments, or to cancel recurring payments. It is the sole responsibility of the client to set up and cancel automatic subscriptions through his/her PayPal account.

If a client’s PayPal subscription for service is skipped or fails to be paid, FOLIO WEBSITES will suspend the clients service after 48 hours of the unpaid PayPal subscription. Once overdue subscription is paid and re-instated, FOLIO WEBSITES will unsuspend client’s service within 24 hours.

If a client’s PayPal annual subscription for service is successfully paid and client still uses Folio Websites service (or any portion of) … the $175 payment is non-refundable. In order to treat everyone equally, no exceptions will be made.

If a client’s PayPal annual subscription for service is successfully paid and client no longer uses FOLIO WEBSITES service, client may contact FOLIO WEBSITES within 48 hours of the payment to request a partial refund of $140. Client understands that FOLIO WEBSITES requires of $35 service fee for manually issuing refunds for service. Client understands the $35 service fee is required for account investigation, PayPal transaction research and manual refund issuance by a FOLIO WEBSITES employee due to the client’s non-cancelled subscription.

All disputes and overcharges must be reported directly to FOLIO WEBSITES, in writing (email is acceptable), within 48 hours after opening a dispute. Any Client that initiates a chargeback, reversal, retrieval request, or other dispute with their credit card issuing bank and/or PayPal (“Dispute”) will be charged a $50 service fee to reimburse FOLIO WEBSITES for dispute resolution. The Clients account will be immediately suspended or terminated pending investigation.

If a client cancels his/her automatic subscription in PayPal to FOLIO WEBSITES service, the cancellation may take effect immediately and FOLIO WEBSITES will suspend the account (followed by termination within 48 hours of the suspension). If client cancels his/her automatic subscription but still wishes to use FOLIO WEBSITES service for the remainder of the paid annual term, client will be responsible for re-activating the automatic subscription for FOLIO WEBSITES service. FOLIO WEBSITES is not responsible for contacting the client (via email) prior to suspension of an account.

After cancellation of FOLIO WEBSITES service, the client’s website and all hosting account content may be deleted by FOLIO WEBSITES and FOLIO WEBSITES accepts no liability for such deleted information or content. FOLIO WEBSITES is however under no obligation to delete all content or account information and may do so at the sole discretion of FOLIO WEBSITES.

All fees for FOLIO WEBSITES service 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 only United States (federal or state) taxes when applicable.

Customizations

FOLIO WEBSITES will provide Client with the website theme & code showcased on the sample websites on http://foliowebsites.com/portfolio/ . If Client decides to make additional customizations to the website theme and/or website code, Client is responsible for hiring an outside party to make these customizations. Client is responsible for any issues that arise as a result of editing the provided website code.
FOLIO WEBSITES includes a “Powered by Folio Websites” link within the footer of the website to receive proper credit for the design and code within FOLIO WEBSITES themes and the Client agrees to keep this copyright line in order to give FOLIO WEBSITES proper credit for his/her website.

Hosting and Permission to Host Your Content

For us to host your website, it is necessary for you to upload your content to our servers. When you do this uploading, you are creating one or more copies of your content on our system. By purchasing hosting services from us, you acknowledge that these copies are being made, and give us the permission (a license) to maintain these copies and make them available to users of the Internet. You are solely responsible for providing all of the content and other data that make up your website. Please note that even though you upload a copy of your content to our servers, you must always retain a back-up copy of your content, data bases and other web-files, as in effect from time to time, so you can reload them in the event of any technical issues, such as server problems, technical or system related issues, loss of that content from our servers, etc.

FOLIO WEBSITES service includes hosting in order to maintain proper functionality of Folio Websites website themes as well as highly specific website support. If Client chooses to host his/her Folio Website Theme on a different server, Client understands that Folio Websites can no longer provide support for his/her website theme, and forfeits the ability to receive support regarding Folio Websites service.

Changing Website Themes

Folio Websites allows our clients to change website themes once a year. If the Client wants to change their website theme the Client is responsible for contacting Folio Websites directly to ask about the change. If the Client would like to change website themes more than once in a year. A nominal fee of $50.00 will be charged for set-up of this additional theme.

Email Service

Folio Websites WILL ONLY support the use of Google Apps. If the Client would like to forward their email to another hosting account or another email provider the Client is responsible for writing that provider and getting proper instructions on how to forward email to their servers. Folio Websites is not responsible for any emails lost due to improper setup of email service.

Passwords and Security Responsibility

Client is solely and personally responsible for maintaining the security of Client’s website theme and hosting account, including the responsibility to protect his/her User Name and Password and the access they grant. Client is fully responsible for all activities that occur under his/her account and any other actions taken in connection with FOLIO WEBSITES service.

Client may not disclose or share his/her password with any third parties or use his/her password for any unauthorized purpose. Any access to FOLIO WEBSITES service using a User Name and Password will be considered to be the client and any loss of information or account due to use of a User Name and Password will be the sole responsibility of the client. Client agree to immediately notify FOLIO WEBSITES service in writing of any unauthorized uses of the account or any other breaches of security.

Client acknowledges and agrees that under no circumstances will FOLIO WEBSITES be liable, in any way, for any acts or omissions by any client or a Guest, including any damages of any kind incurred as a result of such acts or omissions or from Clients failure to comply with this security obligation. FOLIO WEBSITES service only stores an encoded version of each Password, is not capable of knowing or accessing any client Passwords, and will not under any circumstances be liable for the loss, resetting, or use of any User Name or Password.

Music

For legal reasons with music royalty licensing, Folio Websites does not include music with our websites. If the client chooses to include music their Folio theme they are responsible for installing the plug-in and/or code as well as licensing the music they play. Folio Websites is not responsible for any issues that may arise regarding the addition of music to the clients website.

Personal Information

When you place an order for our services, your personal information, including your credit card information, is transmitted via the use of Secure Socket Layer technology, the industry standard for encrypting sensitive information, via Paypal.

Backups

We will make every attempt to retain nightly backups. However, as with any data storage systems, backups can fail. We encourage you to perform your own backups on a periodic basis or sign up for a daily backup service. FOLIO WEBSITES is not liable for any data or information loss due to server failure and or any other technical failures.

Because the Services permit Users to electronically transmit or upload content directly to the User Web site, User shall be fully responsible for uploading all content to the User Web site and supplementing, modifying and updating the User Web site, including all back-ups.

Any file over 20MB in size will not be backed up onto our backup servers and in the event of server failure, will not be recoverable.
FOLIO WEBSITES shall not be responsible for any damages to the User Content, the User Web site or other damages or any malfunctions or service interruptions caused by any failure of the User Content or any aspect of the User Web site.
User is solely responsible for making back-up copies of the User Web site and User Content.
FOLIO WEBSITES is not responsible for maintaining backup copies of any user content or materials, including without limitation any User Web sites, data bases, web files, or e-mail or other user data or information, or other content or materials. FOLIO WEBSITES cannot guarantee that the contents of a Web site will never be deleted or corrupted, or that a back-up of a Web site will always be available. Users should always keep up-to-date copies of all such materials and content to a local computer and FOLIO WEBSITES strongly suggests that Users regularly make additional copies (on tape, CD, usb drives, another desktop, or elsewhere) to ensure the availability of such files, content or materials.

Content

All products and services provided by FOLIO WEBSITES may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless FOLIO WEBSITES from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related merchandising are prohibited on any FOLIO WEBSITES server. This is also true for sites that promote any illegal activity or content that may be damaging to FOLIO WEBSITES servers or any other server on the internet. Links to such materials are also prohibited. This policy is in effect because of the excessive load this material puts on our servers and bandwidth, and the legal ramifications of such sites.

FOLIO WEBSITES will be the sole arbiter as to what constitutes a violation of this provision. Any accounts found in violation of this policy will be cancelled.

Limitation of Liability

You expressly understand and agree that FOLIO WEBSITES 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 FOLIO WEBSITES 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; or (v) any other matter relating to the service.

The information and materials contained on this web site have been compiled from a variety of sources and, as such, are subject to change without notice. In no event will FOLIO WEBSITES be liable for any damages, whether direct, indirect, general, consequential, incidental, exemplary or special, arising from the use of information provided on this server or through links to any other servers. Communications to FOLIO WEBSITES via this web site shall in no way be deemed to constitute legal or official notice to FOLIO WEBSITES, its agencies, officers, employees, representatives or agents with respect to any existing, pending or future claim or cause of action against FOLIO WEBSITES or any of its agencies, officers, employees, representatives or agents where notice is required by Federal, State or local law. Nor shall communications to FOLIO WEBSITES via this web site be deemed to constitute legal or official notice for any other purpose.