September 12, 2010
Description of Service
You must be 13 years or older to use this Service
Accounts registered by automated methods are not permitted
You must provide your legal full name, billing address, a valid email address, and any other information requested in order to complete the signup process.
Your login may only be used by one person – a single login shared by multiple people is not permitted.
You are responsible for maintaining the security of your account and password. Disarea LLC cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
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).
Fees and payment
- You agree to cover the relevant charges for purchases from Disarea LLC. Unless we state otherwise, all charges are not refundable. On your every purchase from Disarea LLC, you affirm that you will be responsible for such charges, even if your membership is canceled or terminated. In case of Charge-back Request from our Merchant bank, we reserve the right to immediately interrupt Customer's Account until the Charge-back Request has been formally settled between Disarea LLC and the Merchant Service Authority.
- An upgrade from the free 14-day trial plan to any paying plan will end your free trial. You will be billed for your first month immediately upon upgrading.
- All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again, but you will have access to your account till the end of the paid period.
- If you choose not to upgrade to a paid account after a 14-day trial, all of your Content will be deleted within 7 days.
- Disarea LLC has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Disarea LLC service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account.
Server Location & Information
5pm servers are hosted by Liquid Web Inc - Michigan's largest managed web hosting and data center company with 3 wholly owned data centers in Lansing, Michigan (USA).
No resale of service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Modifications to the Service and Prices
- Disarea LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the 5pm website (www.5pmweb.com) or the Service itself.
- Disarea LLC shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
- Disarea LLC does not pre-screen Content, but Disarea LLC have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying account holders and is only available via email.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Disarea LLC, or any other Disarea LLC service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Disarea LLC customer, employee, member, or officer will result in immediate account termination.
- 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 must not upload, post, host, or transmit unsolicited email, SMS, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth significantly exceeds the average bandwidth usage (as determined solely by Disarea LLC) of other 5pm customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
- Disarea LLC does 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 expressly understand and agree that Disarea LLC shall not be 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 Disarea LLC has been advised of the possibility of such damages), resulting from: (i) the use 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.