elements CMS is a powerful Web Content Management solution designed to profoundly help manage small to mid-market business web sites.

1. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins (Account permitting) for as many people as you'd like.
2. The Service cannot be transferred to a different business, customer, web server or operating system.
3. The Service is owned by elements CMS or its suppliers and is protected by United States copyright laws, international treaty provisions, and all other applicable national laws. Therefore, Client must treat the Service like any other copyrighted material (e.g., a book. You may NOT copy the Service manual(s) or written materials accompanying the Service without written permission from Provider.
4. You are responsible for maintaining the security of your account and password. elements CMS cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
5. elements CMS will never ask you for your password. This includes by way of email. Do not give your password out to anyone.
6. 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).
7. 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).
8. While elements CMS prohibits such conduct and Content on the Service, you understand and agree that elements CMS cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree elements CMS is not responsible or liable

1. A valid credit card is required to pay ongoing hosting and maintenance fees associated the Service.
2. The Service is billed in advance on a monthly basis and is non-refundable. There are no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
4. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
5. If your bandwidth transfer or disk space exceeds your allotted usage, elements CMS reserves the right to review your account and increase your plan to one that provides such allotted transfer and space, even if this plan is greater in price than your current plan.
6. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. elements CMS does not accept any liability for such loss.

1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by calling elements CMS headquarters at 805-547-1160 and speaking to an elements CMS representative.
2. Content in your Account can be requested to be taken out of the Service prior to cancellation. This is not a guarantee that all Content can be taken out of the Service. Any Content not able to extract will be deleted upon cancellation. This information can not be recovered once your account is cancelled.
3. 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.

1. elements CMS reserves the right at any time and from time to time to modify, temporarily deactivate for maintenance and routine updates, the Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to monthly plan fees to the Service, are subject to change upon 30 days notice from us.
3. elements CMS shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

1. elements CMS claims no intellectual property rights over the material you provide to the Service. Your materials uploaded remain yours. However, by setting certain Content to be shared publically, you agree to allow others to view and share your Content.
2. elements CMS does not pre-screen Content, but elements CMS and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content published publicly, or not publicly, by the Service.

1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
2. Technical support is only provided to paying Clients and based on service level agreements between you and elements CMS.
3. You must not modify, adapt, attempt to hack or reverse engineer the Service or modify copyrighted materials so as to falsely imply that it is NOT associated with, property thereof and copyrighted by elements CMS.
4. Your only access to the Service is via the control pane located at http://elements.nit.ccor http://elements2.nit.cc, using your username and password.
5. 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 the express written permission by elements CMS.
6. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
7. You must not transmit any worms or viruses or any code of a destructive nature.
8. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
9. 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. For these reasons, Content entered into this Service is at your own risk and elements CMS can not be held liable for any reason for the misuse, corruption, and lose of Content.
10. elements CMS entire liability and your exclusive remedy shall be, at elements CMS option, either (a) return of the price paid or (b) repair or replacement of the Service. This liability is void if failure of the Service has resulted from accident, abuse, or misapplication. 
11. Any attempt by Client to deliberately damage any Service or undermine the legitimate operation of elements CMS is in violation of criminal and civil laws. Should such an attempt be made, elements CMS reserves the right to seek damages from any such event to the fullest extent permitted by law.
12. You expressly understand and agree that in no event shall elements CMS or its suppliers be liable for any damages whatsoever (including, without limitation, damages from loss of business profits, business interruption, lose of business information) for lost, late, misdirected, incorrect, inaccurate entry of information and/or data or other pecuniary loss arising out of the use of or inability to use the Service, client or website visitor, equipment or programming, or should Service sustain damage from virus’s or bugs, even if elements CMS has been advised of the possibility of such damages. In any case, elements CMS entire liability under any provision of this agreement shall be limited to the amount actually paid by you for the Service.
13. You expressly understand and agree that elements CMS shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, 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; or (v) any other matter relating to the service.
14. elements CMS 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.
15. The failure of elements CMS to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and elements CMS and govern your use of the Service, superseding any prior agreements between you and elements CMS (including, but not limited to, any prior versions of the Terms of Service).