We (the people of Empathysites) provide the therapy website design and hosting service called Empathysites at empathysites.com and would love for you to use it. Our service is designed to give you access to design and support services while still having ownership over the content of your site. We encourage you to communicate your solutions and express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your site or get linked to from your site (things like spam, viruses, or hate content).
It is also necessary to be responsible in your handling of potentially sensitive data. Using Empathysites services, products, or sites in a way that does not comply with the medical, sensitive, or personal data security laws of your country, state, or locality is prohibited.
If you find a empathysites.com site that you believe violates our terms of service, please contact us.
Terms of Service
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Empathysites, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Your empathysites.com Account and Site.
If you create a website and blog on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Empathysites may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Empathysites liability. You must immediately notify Empathysites of any unauthorized uses of your blog, your account or any other breaches of security. Empathysites will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors.
If you operate a blog on your Website, post material to your Website, post links on the Website, request that our support services assist with your Website, or otherwise make (or allow any third party to make) material available or published by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, images, an audio file, or computer software. By making Content available or published, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer or publisher has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or Service. For example, your blog’s URL or name is not the name of a person other than yourself or Service other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Empathysites or otherwise.
By submitting Content to Empathysites for inclusion on your Website, you grant Empathysites a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Website. If you delete Content, Empathysites will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately available.
Without limiting any of those representations or warranties, Empathysites has the right (though not the obligation) to, in Empathysites’s sole discretion (i) refuse or remove any content that, in Empathysites’s reasonable opinion, violates any Empathysites policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Empathysites’s sole discretion. Empathysites will have no obligation to provide a refund of any amounts previously paid.
Payment, Renewal, Support
- Payment and Renewal.
- General Terms.
You agree to pay Empathysites the set-up fee plus monthly or annual subscription fees indicated for the service of your choice. Payments will be charged on a pre-pay basis on the day you sign up and will cover the use of that service for a monthly or annual subscription period as indicated. Set-up fees are not refundable.
- Automatic Renewal.
Unless you notify Empathysites before the end of the applicable subscription period that you want to cancel a service, your service subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such service (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Services can be canceled at any time.
- Notice of changes.
Empathysites reserves the right to change the payment fees upon thirty (30) days prior written notice to you.
- General Terms.
- Support. Services include access to our email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Empathysites to respond within one to two business days) concerning the use of our products or services. All support services will be provided in accordance with Empathysites standard services practices, procedures and policies.
Responsibility of Website Visitors.
Empathysites has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Empathysites does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Empathysites disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which empathysites.com links, and that link to empathysites.com. Empathysites does not have any control over those non-Empathysites websites and webpages, and is not responsible for their contents or their use. By linking to a non-Empathysites website or webpage, Empathysites does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Empathysites disclaims any responsibility for any harm resulting from your use of non-Empathysites websites and webpages.
As Empathysites asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by empathysites.com violates your copyright, you are encouraged to notify Empathysites. Empathysites will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Empathysites will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Empathysites or others. In the case of such termination, Empathysites will have no obligation to provide a refund of any amounts previously paid to Empathysites.
This Agreement does not transfer from Empathysites to you any Empathysites or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Empathysites. Empathysites, empathysites.com, the empathysites.com logo, and all other trademarks, service marks, graphics and logos used in connection with empathysites.com, or the Website are trademarks or registered trademarks of Empathysites or Empathysites’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Empathysites or third-party trademarks.
Empathysites reserves the right to display attribution links such as ‘Website by empathysites.com,’ photo credits, or font attribution in your blog footer or toolbar. Footer credits and the empathysites.com toolbar may not be removed.
If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
These policies apply if Empathysites is managing and registering your domain on your behalf or not.
When Empathysites Manages Your Domain
Empathysites is not an accredited registrar but will register a domain in your name, manage the domain, and renew the domain yearly on your behalf. By agreeing to Empathysites terms, you authorize Empathysites to be the technical, administrative, and billing contact for your domain while the domain will be registered to you.
If you decide to leave Empathysites, we will help push or transfer your domain to you, your next website developer, or next website solution on your written request in a timely manner. We also will make changes, cancellations, or transfers to your domain name in compliance with ICANN policies (like for instance upon receipt of an order from a court requiring action).
We do our very best to renew domains on time but are not held liable if a domain fails to be renewed due to interruption in service of our registrar, your late payment, or for any other reason.
When You Manage Your Domain In Your Own Account
With Empathysites, you may choose to manage your domain in your own account in a registrar of your choosing. In the case of doing so, Empathysites is not responsible for the ongoing renewal fees for your domain nor is Empathysites responsible for other management or monitoring tasks nor held liable in the case of mismanagement, expiration, or other losses to the domain.
You are responsible for the management and ongoing renewal of your email software. Empathysites will assist you with setting up all necessary records to connect with an email service of your choice but does not take responsibility for the management of the email service or the service itself. We are not liable for any interruptions in email related to the email service itself, related to DNS record issues, or for any other reason.
Empathysites and the Websites we create are not intended for storage, transmission, or use of or with sensitive personal or medical data be that the data of your clients or of any kind.
By using Empathysites, you acknowledge that we are not secure to the level that may be required for compliance with the appropriate legal and ethical best practices needed to keep such sensitive information secure.
Using any Empathysite service or site in a way that is considered illegal in your state or country on matters of data security is strictly prohibited.
Empathysites includes the regular backup of your website but our backups do not come with a warranty. You are responsible for your website’s content including taking your own separate backups or accepting the potential loss of content should our backups fail. You may reach out to Empathysites support anytime for an export file of your content.
Empathysites reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Empathysites may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Empathysites may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your empathysites.com account, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, Companyship provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties.
The Website is provided “as is”. Empathysites and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Empathysites nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability.
In no event will Empathysites, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Empathysites under this agreement during the twelve (12) month period prior to the cause of action. Empathysites shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
You agree to indemnify and hold harmless Empathysites, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Empathysites and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Empathysites, or by the posting by Empathysites of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Sacramento County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Sacramento, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Empathysites may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Added Data Security section: 24 December 2017
Added Email section: 24 December 2017
Added Content Backups section: 24 December 2017
Updated Domains section: 24 December 2017
First published: 15 September 2016