Sysnovo Cloud Terms of Service
Sysnovo Cloud is happy to work with you and your business. The use of Sysnovo Cloud software and services, along with Sysnovo Cloud membership are subject to the following terms of service.
By using Sysnovo Cloud, including our infrastructure, control panel, websites, coaching, support and network (collectively referred to as “Service”), you are agreeing to the following terms and conditions (“Terms of Service”).
The internet is constantly evolving, and we are continually working to improve our services to better serve the businesses that entrust their marketing infrastructure to us. As a Sysnovo Cloud customer, you get the benefits of all software upgrades, delivered automatically to your account. There is never any need for you to do anything, and you’ll always have the latest version of our software. Because our services continually improve and evolve, we reserve the right to update and change these Terms of Service periodically. Any new features that we add to the current Service will be subject to the Terms of Service. Continued use of the Service after any changes will constitute your consent to the changes.
Please see the features page for detailed explanation of the features that come with the package and pricing.
Our system automatically bills you for your membership fee on a monthly basis. Your default membership is month-to-month (you have the option of obtaining a yearly package at a discounted price of the value of eleven months’ membership) and you may discontinue service at any time without a penalty or any other obligation.
Membership Subscription Fee.
The monthly membership depending on the package is per subscription. Each package comes with a free 30-day trial period. After the trial period expires, your will be placed on a month-to-month subscription and be charged a monthly fee depending on the package unless you provide otherwise. You will be billed automatically by our system on the same day each month, corresponding to the day of the month you signed up. For example, if you sign up on September 1st, you will be billed your membership fee every month on the 1st.
No Setup Fee.
Unlike our competition, we charge no setup fees.
Our system requires a valid credit card to complete the sign-up process. Our system will bill you for your monthly membership subscription fee on the regularly scheduled day each month, and will email you to notify you of successful payment. If the credit card doesn’t work, the system will send you an email message, with a link to update your card. It will then try again every 5 days for 15 days, notifying you each time the card is declined. If your account is not paid by the attempt on the 15th day after payment is due, our system will automatically send you an email notifying you that your account is temporarily suspended, and will temporarily suspend your account. In the event that this happens, your account can be immediately reactivated by entering a valid credit card number. None of your data will be lost. We will work with you to avoid any service interruptions due to credit card issues, and may, at our discretion, extend the time to pay for up to one month. If you need extra time to pay in any given month, please let us know by emailing info@Sysnovo Cloud.com upon receipt of the first declined card notice.
Canceling Your Membership.
Your Sysnovo Cloud membership is month to month (unless you have arranged to pay for services in advance), and you can cancel at any time without penalty. To cancel, send an email to support@Sysnovo Cloud.com stating that you would like to cancel your account at the end of the current billing cycle. We will then follow up with you with a phone call to confirm your request. Your account will officially go offline on the next billing date and you will not be billed again unless you reactivate your account in the future. We realize that businesses may cancel their service for a variety of reasons and may wish to return in the future. For that reason, if you cancel your account, we will preserve your data as you left it, for a period of six months. Your account may be resumed at any time. To reactivate a closed account, call us or email your request to support@Sysnovo Cloud.com. If you choose to move away from the Sysnovo Cloud platform, you may take all of your content with you. You may not use any of the code that powers or structures your website within the Sysnovo Cloud system outside of Sysnovo Cloud, as that code remains proprietary and the intellectual property of Sysnovo Cloud. You understand and agree that all digital assets belong to Sysnovo Cloud. You have the option of providing your own domain name or we can purchase one for you for a fee, to be determined at the time of purchase and determined by the seller of the domain and subject to availability. We carry no liability for any problems you may have with third parties.
Responsibility for Content.
You (the primary account holder) are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others to whom you have given access to your account). It is a good idea to periodically audit the content on your site(s) to make sure that it is appropriate and ethics-compliant. You are responsible for assuring that all content authored by users on your account complies with relevant advertising provisions of your jurisdictions’ regulations. In short, you agree to review all materials posted on your websites and blogs and assume full responsibility for all content. You further acknowledge and agree that Sysnovo Cloud provides products and services provided by third-parties.
We assume no responsibility for the content, terms and conditions, privacy policies, and practices of any third-parties.
It is your (the primary account holder) responsibility to ensure that the content on the starter kit that you selected reflects the content you intended to post. As a service, Sysnovo Cloud provides you with a starter kit, to streamline the process of obtaining a website. However, once you select a starter kit, it is technically impossible to switch to another kit without first canceling your current account and signing up again for a new account. Your starter kit comes with superb ways to customize your starter kit.
We also offer the services of a custom-designed website for a separate fee to be determined at the time of your inquiry.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
There is a strict policy against posting scraped, stolen or protected materials unless you own the copyright or have the express permission of the copyright holder. You avow that any pictures, video and audio you post are yours to use (be very careful of posting images that you’re not sure about, especially images that may have come from stock photo companies).You agree to indemnify us, defend us and hold us harmless against claims and damages from any breach or alleged breach of copyright, trademark, patent, etc resulting from actual or alleged misuse (intentional or inadvertent) of prohibited or protected materials. This includes any content that we either import into your site for you at your request, or that we assist you in importing at your request. If we are importing an existing site for you, you avow that all images on the site are yours to use and understand that we may import any and all images on your existing site unless we receive written notice from you, prior to importing the site, that specifies images that should not be imported.
No scammers, spammers, porno, gambling or malware are allowed on the Sysnovo Cloud platform. This is to protect you and your business. We reserve the right to remove any material that is offensive or illegal, including but not limited to pornography, gratuitously violent images, hate words, “fighting words” used for the purpose of inciting hate or violence, etc, but we have no affirmative obligation to do so. We are not responsible for policing your blog’s content, which remains your sole responsibility.
Sometimes outside vendors may peddle things they represent to be “SEO” services, but that can really harm sites. We want to protect you from this. Therefore we prohibit the use of tactics including link farms, link schemes, link prisms and all other forms of linking that are designed to trick or game the search engines in order to gain ranking. While you may have outside vendors work on your Sysnovo Cloud site, doing so can be counterproductive. At your request we will review any proposals for legitimacy, safety and value to help protect you and your investment in your business’ marketing infrastructure. We are not responsible for any harm that third-party vendors may cause to your web presence.
It is important to us that you own and control your own domain name. We have no claim of ownership of your domain, and we strongly encourage you to make sure that your domain name is registered in a registrar account that you own and control. If you need help understanding this and making sure it’s done correctly, we’ll help you get this squared away during the setup phase of your membership. You are responsible for the cost of registering and renewing domain names you use with your Sysnovo Cloud account. You must register your own domain with an outside registrar, and pay the registration and renewal fees independently of Sysnovo Cloud (if you need help doing this, we will walk you through and make sure you get set up right). We are not responsible for the management or security of your registrar account(s), nor the renewal of your domain names. We suggest that you set your registrar to automatically renew your domain names so that they never accidentally expire, and make sure that your registrar password is secure and not shared with anybody. If you have a previous webmaster who has accessed your registrar account, we strongly encourage you to change you password and lock transfer of your domain.
Our DNS provider supports all email services. While we highly recommend that you use Google Apps because of ease of use, reliability, and low price point, you may choose any email service provider you wish, and you may change providers at any time. If you use our DNS service, you will need to let us know which email service you are using, so we can ensure proper routing of your email (don’t worry, we’ll take care of the details for you). And if you ever change email providers, it is your responsibility to let us know when you want to make the switch, so we can help you. If we are providing you DNS services and you switch email services without letting us know, your email will be rendered undeliverable, so please keep us advised of your plans.
Sensitive Client Information.
The internet is not a secure place. Contact forms, potential client tracking templates and emails are not sufficiently secure for the transmission of confidential or sensitive client information. We are not responsible for any interception, dissemination or any other breach of confidential client information transmitted using any feature in Sysnovo Cloud, including but not limited to Forms, Social Media, the Sysnovo Cloud Network, and the Sysnovo Cloud blogging and site creation features. You agree to take full responsibility for adding disclaimers and warnings to any form that may encourage the transmission of confidential information, and indemnify and hold harmless Sysnovo Cloud and its vendors and partners against any real or alleged damages resulting from the use of Sysnovo Cloud in regards to client information.
Modifications to the Service and Prices.
We reserve the right to modify or discontinue, temporarily or permanently, any of our services. Prices of all Services, including but not limited to monthly subscription plan fees, are subject to change upon 90 days notice from us. Such notice may be provided at any time by posting the changes to the Sysnovo Cloud panel. We also reserve the right to, without notice, charge any sales, service, excise or any and every other form of tax, tariff, fee or other method of payment lawfully demanded by the government of the United States, the State of California, or any other relevant authority. You agree that any such tax is your responsibility. We are not liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership.
All content posted on the Sysnovo Cloud Network, and to Sysnovo Cloud powered websites and blogs must comply with U.S. copyright law. We reserve the right to remove any content that is in violation of the DMCA or other Federal, State or Local copyright laws, but have no affirmative obligation to police your content for compliance. If a complaint of alleged copyright violation is received, we will immediately contact you and give you an opportunity to respond before taking action. A failure to timely respond to such notice will be deemed to be your consent to remove the materials in question. We claim no intellectual property rights over the material you provide, including your posts, articles, endorsements, comments and media. Your profile and materials uploaded remain yours. However, by setting your Sysnovo Cloud sites and blogs to be shared publicly, and by being a member of the Sysnovo Cloud, you agree to allow others to view and share your Content via social media, email and by any other means. Sysnovo Cloud does not pre-screen content, and there is no mechanism in place to prevent you from initially publishing anything, however, Sysnovo Cloud and its designees have 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 all Sysnovo Cloud site templates, layouts, widgets and other display elements are copyrights of Sysnovo Cloud. You are granted a limited use license to display these elements on your domain for the duration of your membership with Sysnovo Cloud. You are also granted a limited use license for any stock images provided to you for use on your Sysnovo Cloud site(s) for the duration of your Sysnovo Cloud membership. All limited use materials must be surrendered upon termination of your account and cannot be reused or reproduced elsewhere without the express written consent of Sysnovo Cloud. The name of Sysnovo Cloud and the Sysnovo Cloud logo are registered trademarks of Sysnovo Cloud.
How Sysnovo Cloud works.
We are not an advertising or marketing agency, and do not promise or take responsibility for achieving any particular level of new business for your firm. You understand that advice and practices in terms of how web pages are presented and coded varies, and that much of it is based on the opinions of those providing (or trying to sell) the service or advice. We agree to use best practices based on our opinions as to what is optimal. If you believe that any of our practices or advice are not optimal for you, your remedies are to not follow our advice and/or discontinue your service.
We don’t claim to be able to exert any special influence over the search engines. Acceptable search engine optimization (SEO) practices have evolved and have changed rapidly over the past decade (and will continue to do so). Therefore, a common, objective and quantifiable framework for SEO deliverables is impossible to define, and we make no specific promises of SEO activities or results. We will however, guide your business to use best practices to attract clients through search engines in a sustainable way that we believe is relevant to the generation of the best long-term ROI. We follow Google’s Webmaster Guidelines and we help and encourage you to do the same. We will also help you parse what outside SEO vendors are trying to sell you, and, as a courtesy to you, review any reports and proposals they provide you. This can help you understand their true utility and help you avoid making the costly mistakes.
Producing this content is your responsibility, unless you hire us to create the content for you (requires a separately signed agreement). We provide a range of short and long-term content creation options that, as a Sysnovo Cloud Member, you can participate in as your businesses marketing grows and your needs evolve.
Your basic membership per website does not include any content creation.
Once your site(s) is/are launched, you will be responsible for entering your own content (unless you enter into a separate agreement with us to create content for you, in which case we will enter any content that we create for you into your site).
Use Of Our Software and Infrastructure.
You understand that we use third party vendors and partners to provide the necessary hardware, networking, storage, and related technology required to run the Service. We reserve the right to change, modify or add to our software infrastructure at any time. You may not remove the Sysnovo Cloud footer branding from your site(s), nor cause another person to remove it without our permission. You may not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the 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 our express written permission. 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 may not upload, post, host, or transmit unsolicited email that violates CANSPAM, SMSs, or “spam” messages, worms, viruses or any malicious or predatory code using our infrastructure.
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. We do 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 agree that we are not 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 we have been advised of the possibility of such damages), resulting from: (i) the use of 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) or any other matter relating to the service.
Failure to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. These Terms of Service constitutes the entire agreement between you and Sysnovo Cloud and govern your use of the Service, and, when conflicting, supersede any prior agreements between you and Sysnovo Cloud (including, but not limited to, any prior versions of the Terms of Service). Any agreements for Add-on services will be read in conjunction with the version of these Terms of Service unless otherwise stated in that agreement.
Any dispute or disagreement arising between the parties shall be resolved by binding arbitration in Los Angeles County, California. The laws of the State of California shall govern such arbitration. Should litigation be necessary, the parties agree that the exclusive jurisdiction and venue will be in Los Angeles County, State of California, and that California law will be used.
Sysnovo Cloud’s Right to Cancel.
We reserve the rights to cancel your membership at any time.