Terms of Service ("TOS")
By participating at Unmelted you agree to the following TOS:
- Definitions: "You", "Your", and "Visitor" refers to the individual or entity that has executed this agreement by participating at www.unmelted.com ("Unmelted"), a property of Unmelted, LLC.
- It is understood that the Unmelted website service holds no responsiblity for anything that is posted by other members of the community. Resources listed, posts, and comments do not necessarily represent the opinions of Unmelted. While we do our best to monitor the content that is shown on Unmelted, always take precautions and use judgement when deciding whether to follow advice, suggestions, or purchasing products or services offered elsewhere. Unmelted holds no responsibility toward any action that you may take as a result of information you obtained anywhere on the www.unmelted.com domain.
- Unmelted reserves full rights and privileges to information posted anywhere on the www.unmelted.com domain by its members and staff. Any and all information posted on Unmelted may not be copied or used elsewhere, in any way, shape, or form, either on the Internet or in print, without prior written permission from Unmelted.
By registering at Unmelted you agree to the additional TOS:
- Definitions: "You", "Your", and "Member" refers to the individual or entity that has executed this agreement by registering at www.unmelted.com ("Unmelted"), a property of Unmelted, LLC.
- As a registered member you are held soley responsible for any libelous, defamatory, or slanderous remarks about a person or company made in any of your posts or comments.
- As a registered member you are expected to uphold all rules regarding posting and commenting. Rules are enforced by trusted members, moderators, administrators, and staff who reserve the right to edit, amend, move, or perform other editoral actions upon any and all content when it violates a rule, in order to make said content comply with all rules. If it is not possible to alter content to be rule-compliant, content may be deleted with or without notification. Serious or repeated infractions may result in a temporary or permanent ban from Unmelted.
- Minium Age Requirement: In compliance with the U.S. Coppa Act, no one under the age of thirteen (13) is permitted to register at Unmelted. If someone under the age of 13 does register, it is understood that they are doing so against Unmelted's policies and without Unmelted's knowledge.
- Unmelted requires opt-in registration in order to enjoy member privileges. Registration at Unmelted requires a unique username, password, and valid e-mail addresss. Additionally we may request other information from the user that is optional. To comply with federal anti-spam guidelines, Unmelted stores the registration e-mail address, all IP addresses used to register with, post, comment, or submit resources, date of registration, and date last visited by all members as confirmation and proof of opt-in status. Unmelted tries to permanently maintain those records. E-mail addresses, passwords, and other information can be changed via the Member Control Panel at any time or by contacting us.
- Members can optionally register at Unmelted via third party services such as Facebook, Twitter, and other providers that support the OpenID protocol. Accounts already registered at Unmelted can also link their memberships at a later time to any of those third party services. By electing to link or login via one of those third parties, you grant Unmelted to obtain information from those third parties in order to complete your registration or login to Unmelted. Data includes required information as stated above, and other optional information available from those third party services.
- Posts, comments, or other information contributed to be displayed on Unmelted immediately become the property of Unmelted upon submission. Members may edit their posts or comments for a limited period immediately after for the purpose of correcting spelling and grammar mistakes, or accidental ommmissions. After this initial period expires, posts may only be edited or deleted by trusted members, moderators, administrators, or staff. Since Unmelted is a community of many members, posts and comments contribute to form coherent discussions. Altering or deleting individual posts may have consequences that unfairly extend to other members of the community. All members are held responsible for their actions. Always think before you permanently post something on the public Internet.
- Newsletters and E-mail Subscriptions: By default members are automatically enrolled to receive different types of e-mails from Unmelted. These options can be changed in the user control panel, by contacting us, or by clicking on the links at the bottom of the e-mails to change your settings.
- Information Sharing: At times Unmelted may share aggregate, anonymous information contained within member accounts to our partners.
By purchasing any services or products at Unmelted you agree to the additional TOS:
- Definitions: "You", "Your", and "Customer" refers to the individual or entity that has executed this agreement and has ordered services, products, or resources from www.unmelted.com ("Unmelted"), a property of Unmelted, LLC. "Services" refer to items purchased at Unmelted that have ongoing fees which could include hosting fees, domain name fees, or any other item that requires scheduled payments. "Products" refers to items purchased at Unmelted that require a one-time fee which can include purchasing a template, stock photography, and any other resource that only requires a single payment.
- Term and Termination: For ongoing services, customer can choose contract term for service, at a minimum being month-to-month. Contract terms ("Service Cycle") availabe are month-to-month, quarterly, semi-annually, annually, every two years, and every three years. Typically discounts are giving for longer contract terms, but Unmelted does not make any guarantees with regards to discounts. The services may be automatically renewed each month in perpetuity, subject to written cancellation by the Customer. Please carefully review Unmelted’s cancellation policy set forth in Paragraph 9 below. Unmelted may terminate this Agreement upon non-payment as set forth in paragraph 11 below. At its sole discretion, Unmelted may terminate this Agreement if Customer violates any terms and conditions of Unmelted’s AUP.
- Service Fees: Fees for service(s) ordered by the Customer shall begin on the initial date of the order and that date shall be used to determine future recurring billing dates ("Cycle Billing Date") based on the service cycle the Customer has selected. Fees are due in advance of the service cycle and will be billed on the Cycle Billing Date.
- Upgrade Service Fees: Upgrades ordered on the Cycle Billing Date will be billed for a full service cycle and will continue each service cycle on the Cycle Billing Date. Upgrades ordered after the normal Cycle Billing Date will be pro-rated to the next Cycle Billing Date and billed as a one time pro-rata charge. Future charges will appear as full service cycle fees added to your existing Cycle Billing Date.
- Additional Service Fees: Additional services ordered on the Cycle Billing Date will be billed for a full service cycle and will continue each service cycle on the Cycle Billing Date. Additional services ordered after the normal Cycle Billing Date will be pro-rated to the next Cycle billing Date and billed as a one time pro-rata charge. Future charges will appear as a full service cycle fees added to your existing Cycle Billing Date.
- One Time Service Fees: One-time fees, such as setup fees, administrative fees and late fees are due and payable at the time they are incurred, and/or agreed upon in writing with Unmelted's approval. One time fees, such as resource submission fees are due and payable upon an invoice in the month which they are incured, and are based on standard rates, or as otherwise agreed upon in writing with Unmelted's approval.
- Product Fees: These are one-time fees for a resource offered on Ozzu that is due in advance of receiving the product. Once payment is complete product will be available for download. It is possible that some product's may also have optional services that can be purchased. Additional service fees will be clearly marked.
- Web Development Fees: These are typically one-time fees for web development services including but not limited to: website design, programming, database work, graphic design, search engine optimization, and consultation services. A retainer may be required before any sort of web development is started. Invoices for this type of work is usually sent out monthly detailing what work has been done, and any remaining payment owed is due within 15 days from the invoice date.
- Taxes: Customer is responsible for paying all foreign, federal, state, and local sales, use, value added, excise duty and any other taxes assessed with respect to any services, other than those taxes based on Unmelted, LLC's’s net income.
- Service Cancellation: Because cancellation is automated, Unmelted requires a written cancellation notice via the customer portal, a minumum of seventy-two ("72") hours prior to 00:00:00 PST (GMT-8) on the Cycle Billing Date for discontinuance or downgrades of recurring services. Failure to supply the requisite of seventy-two ("72") hours written notice of cancellation will result in a full billable service cycle prior to cancellation. Any service cancellation prior to the minimum deadline will remain active until the next Cycle Billing Date, and will be known as the "Effective Cancellation Date". Notice of confirmed written cancellation is required by contacting us. All Customer data remaining after the Effective Cancellation Date will be destroyed for security and privacy reasons, unless otherwise required by law.
- Refunds & Disputes: All products purchased and services rendered by Unmelted are non-refundable. This includes, but is not limited to: setup fees, one time fees, recurring service fees, upgrade fees, additional service fees, administrative fees, and late fees. Customer seeking to resolve billing errors are instructed to contact us. Customer agrees not to chargeback any credit card payments for services rendered. A chargeback of payment for services rendered will result in an additional charge of one-hundred fifty dollars (“$150”) and will be subject to collection by an authorized collection agency. Customer is responsible for any fees and costs (including, but not limited to, reasonable attorneys’ fees, court costs and collection agency fees) incurred by Unmelted in enforcing collection.
- Non-Payment: All payments are due in full on the Anniversary Billing Date. Failure to remit payment for services on the Anniversary Billing Date is a violation of the TOS. Failure to remit payment for five (“5”) consecutive days, including the Anniversary Billing Date, shall result in a termination of public access to Customer services. Customer will, however, be permitted access to data and services through the service network. Failure to remit payment for services within seven (“7”) consecutive days, including the Anniversary Billing Date, shall result in termination of access to the service network and all services shall be reclaimed. A late fee of twenty dollars (“$20”) will be incurred for failure to remit payment for services on or before the monthly Anniversary Billing Date. A fifty dollar (“$50”) reconnect fee will be incurred for failure to remit payment for services after public access has been disconnected. All Customer data remaining after seven (“7”) days of non-payment will be destroyed for security and privacy reasons, unless otherwise required by law.
- Data: Unmelted agrees to use best efforts and commercially reasonable best practices when deploying services related to data integrity, backup, security, and retention. These services include, but are not limited to: hard drive storage, raid hard drive arrays, network attached storage, storage area networks, operating system installs, operating system reloads, customer portal information, and other situations involving customer data. Unmelted will make weekly and monthly backups of customer's data unless otherwise instructed by Customer in writing. Unmelted's weekly backups are run on Saturday of each week and overwrites any previous backups made. Customer should frequently make their own local backups of their accounts as customer assumes ultimate responsibility for data integrity, retention, security, backup, and ownership.
- Identity Use: Customer agrees to use the Unmelted logo, Unmelted information, and/or related services in accordance with Unmelted’s approved marketing guidelines or written consent. Unmelted agrees not to use Customer logos without prior written consent of Customer.
- Permitted Use: By accepting the terms and conditions, Customer agrees to use Unmelted’s services solely for their intended purposes. CUSTOMER SPECIFICALLY AGREES NOT TO TAMPER WITH, MAKE DERIVATIVE WORKS OF, REVERSE COMPILE, REVERSE ENGINEER AND/OR DISASSEMBLE ANY OF Unmelted'S SOFTWARE OR FILES. If Customer violates or exceeds the Permitted Use, Unmelted reserves the right to immediately terminate Customer’s account and will pursue any and all legal remedies available.
- LAWS: CUSTOMER AGREES TO ABIDE BY ALL LOCAL, STATE, AND FEDERAL LAWS PURSUANT TO SERVICES DELIVERED IN TACOMA, WASHINGTON, UNITED STATES OF AMERICA. THIS AGREEMENT IS MADE UNDER AND WILL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WASHINGTON, WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES. EXCLUSIVE VENUE AND JURISDICTION FOR ANY AND ALL LEGAL REMEDIES ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE PIERCE COUNTY, TACOMA, WASHINGTON. EACH PARTY IRREVOCABLY CONSENTS TO THE FOREGOING JURISDICTION AND VENUE REQUIREMENTS AND WAIVES ANY AND ALL OBJECTIONS TO SUCH REQUIREMENTS.
- INDEMNIFICATION: CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS Unmelted, LLC, Unmelted, Unmelted'S AFFILIATES, AND ITS RESPECTIVE OFFICERS, DIRECTORS, ATTORNEYS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, OBLIGATIONS, LOSSES, DAMAGES, PENALTIES, FINES, PUNITIVE DAMAGES, AMOUNTS IN INTEREST, EXPENSES AND DISBURSEMENTS OF ANY KIND AND NATURE WHATSOEVER (INCLUDING REASONABLE ATTORNEYS’ FEES) BROUGHT BY A THIRD PARTY UNDER ANY THEORY OF LEGAL LIABILITY ARISING OUT OF OR RELATED TO CUSTOMER'S CONTENT, ILLEGAL ACTIVITY AND/OR ACTUAL OR ALLEGED INFRINGEMENT OR MISAPPROPRIATION OF A THIRD PARTY'S COPYRIGHT, TRADE SECRET, PATENT, TRADEMARK, OR OTHER PROPRIETARY RIGHT.
- LIMITATION OF LIABILITY: Unmelted SHALL NOT BE LIABLE TO CUSTOMER FOR HARM CAUSED BY OR RELATED TO CUSTOMER'S SERVICES OR INABILITY TO UTILIZE THE SERVICES UNLESS CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. Unmelted SHALL NOT BE LIABLE TO CUSTOMER FOR LOST PROFITS, INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS MSA, THE MAXIMUM AGGREGATE LIABILITY OF Unmelted AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW SHALL NOT EXCEED THE AMOUNT PAID BY THE CUSTOMER FOR HOSTING SERVICES FOR THE SIX MONTHS PRIOR TO THE OCCURRENCE OF THE EVENT(S) GIVING RISE TO THE CLAIM.
- Arbitration: Any controversy or claim arising from service or related to these terms and conditions or breach therein in excess of five-hundred dollars (“$500”) shall be settled by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The venue and jurisdiction requirements set forth above apply to any arbitration proceedings. The resulting judgment rendered by a licensed arbitrator may be entered in any court having valid jurisdiction.
- Legal Compliance: By accepting these terms and conditions, Customer represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties. Customer further represents and warrants that he/she has full authority and power to execute this Agreement on behalf of the Company he/she represents, if any. Additionally, Customer warrants that he/she is at least eighteen (“18”) years of age or older and are not otherwise legally incapacitated to execute this Agreement.