Last Updated: 11/12/2008
The following Terms and Conditions govern your use of the
BabyJellyBeans.com Web site. By using, visiting, or browsing the BabyJellyBeans.com Web site, you accept and agree to
be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you should not use the
BabyJellyBeans.com Web site.
You can find the specific information regarding your membership with BabyJellyBeans.com at anytime by signing into your account
and clicking on Membership Information located in your Account Manager.
Free Trials
We encourage the use of our service through free trials. Free trials are only available to first time customers of the BabyJellyBeans.com
websites and cannot be combined with any other offer. Only one free trial may be redeemed per email address. You must have Internet access and
a valid credit card to take advantage of a free trial. Upon registering for your free trial, your billing address and credit card
information may be required. However, no charges will be made against your credit card unless you do not cancel prior to the end of your free
trial period.
Your free trial entitles you, during the term of your free trial, to the same service provided to our paying
subscribers.
BabyJellyBeans will begin billing your credit card for the subscription package offered at the end of your free trial period unless
you cancel prior to the end of your free trial.
YOU MUST CANCEL PRIOR TO THE END OF YOUR FREE TRIAL OFFER TO AVOID CHARGES TO YOUR CREDIT CARD.
BabyJellyBeans will continue to charge your credit card on a
monthly basis until you cancel your membership. The BabyJellyBeans membership is a
month-to-month subscription that allows subscribers to use our software to build and maintain a website. Such a
subscription is cancelable at anytime. Click the Membership Information under the Account Manager for cancellation instructions.
Billing
As a subscriber to BabyJellyBeans, you agree that we are permitted to charge your credit card a monthly subscription
fee and any other charges you may incur in connection with your use of BabyJellyBeans.com. The
subscription fee will be billed at the end of your free trial period and on each monthly renewal thereafter unless
and until you cancel. We will automatically
charge your credit card each month on the calendar day corresponding to the commencement of your membership.
In the event your membership began on
a day not contained in a given month, we will bill your credit card on the last day of such month.
For example, if you became a member on January 31st, your card would be billed on February 28th.
All fees and charges are nonrefundable.
We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you
advance notice of these changes by email. If you want to use a different credit card or if there is a change in your
credit card validity or expiration date, you may edit your credit card information by clicking on Billing Information
located under Manage Your Account in your Account Manager.
Automatic Renewals
Your BabyJellyBeans subscription will be automatically renewed on a monthly basis. For your convenience, we will charge
the monthly subscription fee to the credit card you provide to us during registration (or to a different credit card
if you change your billing information). Your subscription to BabyJellyBeans.com will automatically renew for successive monthly subscriptions,
without prior notice to you, unless and until you cancel your membership or we terminate it. You must cancel your
membership before it renews in order to avoid billing of subscription fees to your credit card.
Cancellation
As noted above, you may cancel your subscription to BabyJellyBeans.com at anytime. To cancel, click Manage Your Account
in your Account Manager, click Membership Information, and follow the instructions. We do not provide
refunds or credits for any partial monthly subscription periods. You will also be given 10 days to update credit card
information when your card for whatever reason is no longer able to accept recurrent billing for the agreed service of
the site. Upon cancellation, your website will become "inactive", thus not accessible via the Internet. Your account
information, including your digital photos, will remain on our system for a period of 90 days after cancellation.
BabyJellyBeans is not responsible for the return of, or establishing access to your data, by any means, after
cancellation.
The BabyJellyBeans Web site allows you and other third parties to post information and comments on Web sites hosted
by BabyJellyBeans. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content
expressed or made available by third parties on the BabyJellyBeans.com Web site are those of the respective authors
or producers and not of BabyJellyBeans or its shareholders, directors, officers, or employees. Under no circumstances
shall BabyJellyBeans or its shareholders, directors, officers, directors, or employees be held liable for any loss or
damage caused by your reliance on information obtained through the BabyJellyBeans.com Web site and hosted Web sites. It is your
responsibility to evaluate the information, opinion, advice, or other content available through the BabyJellyBeans.com
Web site and hosted Web sites.
We permit you to post comments on BabyJellyBeans.com Web sites and provided that the content is not illegal, obscene,
threatening, defamatory or otherwise objectionable to us. In posting such content, you agree not to use a false e-mail
address or otherwise mislead us or others regarding the origin of such content. We do not regularly review the content
posted on BabyJellyBeans.com Web sites; however, we reserve the right to remove or edit such content at anytime
without notice.
Your are solely responsible for any data, text, software, music, audio, photographs, graphics, video, messages, files or
other materials ("Content") which is transmitted, posted, or distributed by you through our Service, including but not
limited to the contents of your e-mail communications, information, photos or images posted to your website.
All Content posted by you, is your sole responsibility. BabyJellyBeans.com does not control the Content posted by users
such as yourself via our services and, as such, does not guarantee the accuracy, integrity or quality of such Content.
By using BabyJellyBeans.com you understand and agree that you may be exposed to Content posted by other users that
may be offensive, indecent or objectionable. Under no circumstances will BabyJellyBeans.com be liable in any way for any
Content posted by any user or third party, including, but not limited to, liability for any errors or omissions in any
Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise
transmitted via our services.
Your Conduct on the BabyJellyBeans.com Web Site
Unacceptable actions and content as determined by us in our discretion, will constitute grounds of blocking your
access to our service, removal of posted material and non-fulfillment of your order. As condition of your use of
this service, you may NOT
- Upload, post, email or otherwise transmit any Content that is unlawful, defamatory, obscene, vulgar, invasive
of another's privacy or rights of publicity, hateful, or otherwise objectionable in our estimation.
- Upload, post, email or otherwise transmit any Content that you do not have a legal right to transmit (such as
a proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure
agreements) any content that infringes any patent trademark, trade secret, copyright or other proprietary rights of
any party.
- Harm minors in any way.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through
this site.
- Interfere with our disrupt (or attempt to interfere with or disrupt) this site or servers or networks connected
to this site, or disobey any requirements, procedures, policies or regulations of networks connected to this site.
- Exhibit expressions of abuse, offensive language and imagery, obscenity, or pornography, including but not limited
to child abuse, child pornography or depictions of minors engaged in sexual conduct.
- Impersonate any other person while using the BabyJellyBeans.com Web site, conduct yourself in a vulgar or
offensive manner while using our service, or use the BabyJellyBeans.com Web site for any unlawful purpose.
- Transmit any material sent from an anonymous or false address.
Domain Registration
BabyJellyBeans registers domain names as a service to its members and are registered through an ICANN accredited registrar. The domain registration fee is
separate from the BabyJellyBeans membership subscription fee. Once registered, a domain name cannot be changed and is non-refundable.
A member must have a BabyJellyBeans website prior to registering a domain name.
Domain names are only linked to BabyJellyBeans websites. Once your domain name is registered, or renewed, you will be
charged the registration fee for the term you specify.
Domain Renewals
BabyJellyBeans will notify you in advance of your upcoming domain expiration.
During this time, you will have the option to renew your domain name
for another specified term. If your domain name expires and becomes
available, BabyJellyBeans is not responsible for the loss of your
domain name due to registration by a third party.
If you do not renew your domain name prior to the expiration date, your domain will go into
a 30-day redemption period during which time you may pay BabyJellyBeans a redemption fee of $150 to
redeem your domain name. If you do not redeem your domain name prior to the end of the redemption
period, the Registry will release your name and it will become available for registration on a
first-come-first-served basis.
If your domain name has expired and is not renewed, your website will no longer be accessible through your personal domain
name. However, your website may still be accessible through your BabyJellyBeans URL or through the website search
on the BabyJellyBeans homepage.
Domain Transfers
If you would like to transfer your domain name to another registrar, please send an email request to domains@babyjellybeans.com. Domain transfers can take up to 30 days
to complete. BabyJellyBeans charges $25.00 (USD) to transfer a domain to another registrar. BabyJellyBeans is not responsible for domain
names after the transfer has been completed.
The BabyJellyBeans Standard Package includes 140 MB of storage space for your website files. This includes
photos, videos, audio and other images that a member can upload to their website. If the account
exceeds the disk space limit, the member will receive an email request to purchase additional storage
space. If a website remains over the allocated disk space limit for more than 15 days, an email notification will
be sent to the member with instructions to purchase additional storage space. If the website remains over the limit after 5 days,
the member's account will be disabled and the website will be taken offline and no longer have the ability to update.
If you have been a BabyJellyBeans member for one year (365 days) and your
website has been online for one year (365 days), you are eligible for a
complimentary Keepsake CD. Periods between cancellation and re-activation
do not apply to your total active membership period. Only websites which
have been online for a total of 365 days qualify for a complimentary
Keepsake CD. The free trial month is included in the calculation.
Your Website
Your website on Keepsake CD will look exactly like your website online.
It will include all photos, high-resolution photos, video, audio and
content. We will notify you when your Keepsake CD has been completed and
is in the mail. In the meantime, refrain from making any updates or
changes to your website. BabyJellyBeans is not responsible for your
content, and any changes you make after your Keepsake CD has been ordered
may or may not appear on your Keepsake CD website.
Private Entries, Guestbook & Third-party software
All private entries such as in your guestbook or journal will not be
displayed in your Keepsake CD. The guestbook submit button will be
disabled in your Keepsake CD website preventing new guestbook entries. Any
third-party software you are using on your website, such as counters and
tickers, may not function properly if at all.
Delivery
Please allow two weeks from the time of order to complete and mail your
Keepsake CD. Members outside the United States may experience a longer
wait due to international delivery. Domestic Keepsake CDs are delivered
via First-Class U.S. mail. International orders are sent via Standard Air
delivery. We will notify you via email when your Keepsake CD has been
sent.
Liability
Keepsake CDs are non-transferable and non-refundable. BabyJellyBeans is
not responsible for lost, stolen, or damaged items due to shipping.
Keepsake CDs are produced from the member website "as-is". BabyJellyBeans
makes no guarantees as to the accuracy or correctness of your Keepsake CD
website.
Copyrights
BabyJellyBeans websites on Keepsake CD are for personal and archival use
only. All website designs, images and artwork are under copyright law and
shall not be transferred, reproduced, sold, advertised, or used for
commercial purposes in any way.