1. Your Acceptance. ExplorerPosts.com (the "Website") is a hosted service operated by Center Trail LLC. Any use of the Website is subject to the following Terms and Conditions of Use ("Terms and Conditions"), as well as to the ExplorerPosts Privacy Policy, all of which are incorporated by reference into these Terms and Conditions. Your use of the Website constitutes your acceptance of these Terms and Conditions. Although we may attempt to notify you when major changes are made to these Terms and Conditions, you should periodically review the most up-to-date version. Center Trail LLC may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.
2. Your ExplorerPosts Account and Site. If you create a new post website on the Website, then you are the owner of that account and all Content stored therein. You are solely responsible for maintaining the security of your account. You are also fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Center Trail LLC of any unauthorized uses of your post website, your account, or any other breaches of security.
3. Your Responsibility. If you create a new post website on the Website, you are responsible for the Content of that website and any harm resulting from that Content, regardless of whether the Content in question constitutes text, graphics, an audio/visual file or computer software. By making Content available, you represent and warrant that:
For purposes of these Terms and Conditions (including this Section 3), to "create a new post website" means to create a website via our service and post any material (including links) to it.
For purposes of these Terms and Conditions (including this Section 3), "Content" is defined as any material posted to, downloaded from, or otherwise made available by means of or any link to and from the Website and your post website.
4. Responsibility of Website Visitors. Each visitor to the Website is solely responsible for taking precautions as necessary to protect him(her)self and his (her) computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Center Trail LLC has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and therefore cannot be responsible for that material’s content, use or effects. By operating the Website, Center Trail LLC 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.
5. Payment for Services. Except for the free 2-week trial period, all ExplorerPosts accounts are available for use and can be accessed if and only if payment in advance is received. Unless otherwise agreed in writing by Center Trail LLC, billing will be on an annual basis. The annual amount billed will be based on the ExplorerPosts plan originally selected by the customer. PLEASE NOTE THAT THE MAXIMUM AMOUNT OF DISK SPACE ALLOCATED FOR ANY ACCOUNT/PLAN IS 10GB, after which there will be a $5/GB fee for each additional GB charged on a monthly basis.
6. Termination of Account. You may terminate your ExplorerPosts account at any time, provided however, that notice of such termination shall be made in writing to Center Trail LLC and all notices of termination are effective only at the end of the annual billing cycle during which termination is given. No refunds will be made for sums previously paid – regardless of the timing of the termination. All account terminations are immediate. You are solely responsible to download, copy, or otherwise preserve your information stored on the Website before terminating your ExplorerPosts account. Center Trail LLC reserves the right to remove a site (and all associated user-provided content and data) whose free trial has ended and where no subscription has taken place within 180 days.
7. Trademarks. ExplorerPosts, ExplorerPosts.com, Center Trail LLC, and all other trademarks, service marks, graphics and logos used in connection with ExplorerPosts.com, or the Website are trademarks or registered trademarks of Center Trail LLC or its 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 ExplorerPosts or third-party trademarks.
8. Removal of Content. At its sole discretion, Center Trail LLC may (but is not required to) remove Content from the Website that it deems:
9. Copyright Infringement. As Center Trail LLC 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 ExplorerPosts.com violates your copyright, you are encouraged to notify Center Trail LLC. Center Trail LLC will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a participant who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Center Trail LLC or others, Center Trail LLC may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Center Trail LLC will have no obligation to provide a refund of any amounts previously paid to Center Trail LLC.
10. Content Posted on Other Websites. Center Trail LLC has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which ExplorerPosts.com links, and that link to ExplorerPosts .com. Center Trail LLC does not have any control over those non-Center Trail LLC websites and webpages, and is not responsible for their contents or their use. By linking to a non-Center Trail LLC website or webpage, Center Trail LLC does not represent or imply that it endorses such website or webpage. Each person is responsible for taking precautions as necessary to protect self and computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Center Trail LLC disclaims any responsibility for any harm resulting from use of non-Center Trail LLC websites and webpages.
11. Limitation of Warranties. Except as otherwise expressly stated, all content posted to or available from the Website is provided "as is", and ExplorerPosts.com, Center Trail LLC and its owners, suppliers and licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. You understand and agree that you download from, or otherwise obtain content or services through, the Website at your own discretion and at your own risk, and that ExplorerPosts.com, Center Trail LLC and its owners, suppliers and licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services.
12. Limitation of Liability. Except as otherwise expressly stated, in no event will ExplorerPosts.com, Center Trail LLC and its owners, suppliers and licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Website, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if Center Trail LLC, its suppliers or its licensors were expressly advised of the possibility of such damages. In no event will the aggregate liability for any and all of your claims against ExplorerPosts.com, Center Trail LLC and its owners, suppliers and licensors arising out of or related to use of the Website, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by you to Center Trail LLC during the 12-month period prior to the date a claim is made. You specifically agree that this Section 11 represents a reasonable allocation of risk between you and ExplorerPosts, Center Trail LLC and its owners, suppliers and licensors. You and Center Trail LLC agree that any cause of action arising out of or related to the services provided must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
13. Miscellaneous Provisions.
