Revised March 2, 2004.

By subscribing to Sitemaker or by using its editing tools, you agree that you have read and understand the following terms and conditions AS REVISED, and you further agree to abide by them. If you do not agree, then your only option is not to subscribe or to discontinue your subscription. These terms and conditions are subject to occasional changes, and you agree that it is your sole responsibility to remain aware of such changes, whether or not you are individually notified. By your use of the system, you acknowledge that you have examined the system before purchase, during any free trial period, and during usage and are aware of its capabilities and limitations.

Terminology

In this document, "we, our or us" refers to Sitemaker, Clark Internet Publishing and/or a reseller from whom you acquired your site. "You, your" and related pronouns refer to the client or end user whose name and/or content are associated with the site.

Internet Access

Sitemaker does not include Internet access. You must have a dial or broadband (DSL, cable...) account to access Sitemaker. If you do not have an Internet access account, Sitemaker suggests that you consider ContribuNet, which donates five dollars per month to a non-profit organization of the subscriber's choice.

Availability

In general, Sitemaker is always available. Sitemaker may be briefly unavailable during backups and/or system upgrades, which are previously announced in Sitemaker User News if their duration is expected to exceed one hour. At other times we attempt to make our systems available during 95 percent of available hours on an annual basis. Since 1996 our average up-time has exceeded 99 percent. In the event of loss of service for 72 hours or more, an equivalent number of days will be added to the end of all service agreements, where such extension is not for reasons beyond our control, including but not limited to loss of upstream ISP connectivity or telephone service, power failure, environmental events, or force majeure.

Editing Suite

The core service of Sitemaker is the Editing Suite. The Editing Suite provides a set of editing tools to enable a user to publish web pages and a complete site without learning HTML, the markup language of the Web. This set of tools is limited to a subset of HTML "tags" and Sitemaker does not make available all possible tools that might be available to persons who mark up their pages directly using HTML tags of their own construction, nor does Sitemaker represent that it can deliver all possible layouts available to such persons. Sitemaker does not guarantee that the layout and display functions of the system will appear identical on all possible combinations of operating system (platform) and/or browsers. By using Sitemaker you accept these design limits.

Text and Graphical Content

Sitemaker is not responsible for the content of sites edited and/or displayed by the Sitemaker platform. It is impossible for Sitemaker's management to monitor such activity and content. Questions about content must be directed to the operator of the site at the address provided thereon. For this reason, each user must either display a contact address or use the built-in inquiry form to allow readers to contact the owner or editor. Clark IP reserves the right to suspend or terminate service without notice and without refund to users who publish eggregiously offensive materials, including but not limited to child pornography and espousal of racial hatred or violence against any individual or group.

Co-hosted Domains

You can link your private domain to a Sitemaker site. You may not re-address a pre-existing domain to point at our servers without consultation. Before the domain can be transferred to our servers, we must be named contacts on your domain registration with full access to the domain name server settings. Turnaround time for linking your domain and your site can be several days, and you agree that we have no liability for interruption of access to the domain during transition. At the next expiration of any current period of registration you must agree to transfer the domain registration to our designated registrar. We will not be responsible in any way for domains over whose registration we have no control.

Electronic Mail

POP service is available to Sitemaker clients whose sites operate under their own private domains and are resident on our servers. The Sitemaker service does not include use of an SMTP server for sending mail. Bulk mail is prohibited at all times. We attempt to block known spam sources but cannot guarantee absence of spam. If you need ISP service for sending mail, we recommend ContribuNet, which donates a substantial share of its monthly revenue to non-profit organizations designated by each user.

Data Backup

Sitemaker's databases and other files are backed up on a regular schedule. This normally occurs during off-peak hours (after midnight in the Pacific time zone). It is possible that edits you apply to your site might occur in proximity to such backups causing the edits to be lost. Sitemaker is not responsible for lost data or information. Every user should maintain a backup copy of text and images that appear on his site.

Resellers

Sitemaker is a service of Clark Internet Publishing Inc. that is sometimes resold by other independent persons, organizations and entities. Clark Internet Publishing is not responsible for representations made by such persons, organizations or entities to the extent that they deviate from the information published on this web site. Sitemaker will not mow your lawn, polish your car, cause you to lose weight or make you more attractive to the opposite sex. If you're not sure of Sitemaker's capabilities, write to us and we'll attempt to clarify any ambiguities.

Privacy

Clark Internet Publishing, Inc. (CIPI) does not use Sitemaker as a method of collecting email addresses or other personal information for purposes of distribution to third-party merchants. CIPI may occasionally send to subscribers, or to persons who add their names to lists maintained by subscribers, information about products and services associated with Sitemaker or that improve its utility.

CIPI may share aggregated information about subscribers with closely affiliated companies for the purpose of maintaining connectivity and for the development of additional services and products. Resellers who manage multiple accounts may have access to the contact information stored in those sites. We make a sincere effort to discourage "spam" and do not engage in bulk mailing to addresses registered in our systems or make those addresses available to others for bulk mailing, and we require similar performance of those companies and organizations with which we co-operate.

CIPI is not responsible for the uses made of the data collecting features of Sitemaker by subscribers, who operate their own web sites under their own policies. Each Sitemaker site is an independent entity and can set its own policies for the data it collects. Sitemaker may offer to subscribers the ability to send messages to members of their own guestbooks, calendars or directories. These messages are entirely the responsibility of the editor of the subscribing site, and Sitemaker has no further information about such messages. Sitemaker does not provide email sending capabilities (servers) to subscribers for purposes of bulk mailing.

Sitemaker does not store users' credit card information generally, and specifically not on machines accessible over the Internet. Credit card and other online transactions are generally accomplished through third-party providers.

Although CIPI makes every effort to secure its servers from intruders, CIPI does not warrant that Sitemaker is invulnerable to such intrusion. CIPI is not responsible for contamination or loss of data cause by any intruder, and our liability is limited to a sincere attempt to restore sites from the last available uncontaminated backup files.

Transactions with Users

Sitemaker services are billed via PayPal or other credit card processor and are labeled "Sitemaker" or "Clark Internet Publishing" as abbreviated on credit card statements.

The providers of Sitemaker do not vouch for the goods or services that may be offered for sale on Sitemaker sites. Visitors to such sites should exercise normal caution in evaluating the value of merchandise or services.

Users of Sitemaker may use payment methods unknown to us to accomplish transactions regarding their own goods or services, and we are not responsible for such transactions in any way. By installing any third-party service in a Sitemaker site - including PayPal - the owner of the site agrees to hold us harmless for any and all consequences of such service.

Language

The official language of Sitemaker is English. If assistance or services are rendered in other languages, and if ambiguity or misunderstanding results from translation or interpretation, then the English shall prevail.

In all terms and conditions masculine pronouns shall include the equivalent feminine pronouns.

Fees

Fees are assessed for use of Sitemaker. In general, we bill all fees to a credit card either directly or via PayPal. Accounts more than fifteen (15) days late or transactions declined by third-party processors may subject your account and site to suspension without notice. Accounts more than sixty (60) days late are subject to cancellation without notice. Cancelled accounts that have not been purged from the database can be reinitialized for a service fee equal to the larger of $25 or the equivalent of one month's service PLUS any amount in arrears.

Applicability

Sitemaker is intended for the support of informational websites, with limited support for catalogs based on our Gallery system. Catalogs may contain orders that are submitted for processing by third party payment processors. The system is not intended for real-time, mission critical applications. We accept no responsibility for time-sensitive information stored on your site, and we have no liability for the performance of applets, scripts or other programming techniques not supplied by Sitemaker that you incorporate in your site. If you aren't sure whether this term applies to you, ask us for an opinion. If you don't know and haven't asked, the safe course is to use another approach. We are not all things to all people.

Commercial Use

Sitemaker offers several classes of service. Personal sites are intended for personal and family use only. Commercial use of personal sites is not supported. Sitemaker specifically denies all responsibility for performance of personal sites used for commercial purposes. By use of a personal site for commercial purposes, you agree to hold Clark Internet Publishing and intermediaries harmless for any consequences of such misuse of the system.

Premium, Professional and Custom sites are available for commercial use. Ask your Sitemaker representative for details.

Modification of Terms

Clark Internet Publishing reserves the right to modify these terms of use at any time. The date of such modification appears within the document. You agree by your continued use of the system to accept all changes to these terms as of the date of your next payment. You may cancel your service agreement prior to that billing date if you do not wish to conform to our terms.

Exceptions

As our utility company likes to put it, "this space intentionally left blank." You are required to abide by our terms and conditions. Your only option is to discontinue service.

Enforcement

Failure by Sitemaker to enforce any or all of these terms and conditions in any instance shall not affect our right to enforce them in the future with respect to an individual user or all users.