Studio Ito Terms of Service
Last Revised: February 1, 2019
Welcome to Studio Ito’s Terms of Service! We are truly excited to have you aboard. Thank you for choosing us to serve you.
Below we have listed important legal terms that apply to anyone who subscribes to our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone.
We understand that legal terms can be exhausting to read, and we’ve tried to make the experience more pleasant. If you have any suggestions on how we can improve them, you are more than welcome to contact us at support@studioito.io.
1. Introduction
1.1. Our Purpose
We offer our clients website hosting, website design, and website maintenance services (all services that we offer, collectively – “Studio Ito Services” or “Services”) as outlined in our pricing table. We offer this suite of services via a monthly recurring subscription depending on the plan that fits the needs of our client.
1.2. Legal Agreement
These Studio Ito Terms of Service (“Terms of Service”) set forth the entire terms and conditions applicable to each client (“Client” or “you”) of Studio Ito and/or any other services, applications and features offered by us with respect thereto, except where we explicitly state otherwise.
The Terms of Service constitute a binding and enforceable legal contract between Studio Ito LLC and its affiliated companies and subsidiaries worldwide (“Studio Ito”, “us” or “we”) and you in relation to the subscription of any Studio Ito Services - so please read them carefully.
By using our Services, you acknowledge that you have read our Privacy Policy available at https://studioito.io/privacy (“Privacy Policy”).
1.3. Hosting
You agree to host your website with us.
The website will be hosted by a third-party hosting company engaged by us.
We will not be liable for hosting errors caused by the hosting company or downtime experienced by the hosting company.
2. Your Obligations
2.1. You represent and warrant that:
You own all rights in any content you upload or publish or that we access, import and/or upload for you via our services, ensure that such content is legal and reliable, and that anything you do with it (or enable Studio Ito or your end users to do with it) is legal.
2.2. You Undertake and agree:
You must comply with all applicable laws.
You agree that we or our partners may send you promotional messages and content.
You can easily opt-out of receiving promotional messages by contacting us.
You allow us to use your website for our promotional activities, and to determine the manner in which the services will be performed.
You agree that Studio Ito has the right to impose and change price plans for its Services.
We will communicate price changes 30-days in advance. Additionally, Studio Ito may impose restrictions depending on your specific usage of the Service. We will communicate restrictions 30-days in advance.
2.3. You agree and undertake not to:
You may not copy our materials, use any content in an illegal or harmful manner, use our services or content on any platform or website not provided by us, make any misrepresentations or abuse our Services, or otherwise violate anyone’s rights or any applicable laws.
Failure to abide by any of these rules may bring us to cancel your account and stop providing you with any services.
3. Content and Ownership
3.1. Your Intellectual Property
You own all rights to your content. We may handle your content in order to provide you with our services.
3.2. Studio Ito’s Intellectual Property
We own all rights in and to our services, content, data, technology and features.
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You may use our services and content so long as you fully comply with these terms and ensure full and timely payments. Certain fonts which are available to you are licensed by a third party, make sure you read their terms as well.
3.3. Feedback and Suggestions
We welcome any form of feedback or suggestions. If you do provide us with any, please make sure that it is accurate and legal.
4. Privacy
We care about your privacy, and you should too. Please read our Privacy Policy to learn more about our practices concerning personal information
5. Service Fees
5.1. Paid Services
Our prices are stated in U.S. Dollars and before taxes, unless otherwise said. If needed, we or our affiliates may request and collect payments and related information from the relevant payment providers and banks.
5.2. Invoices
Invoices for our paid services will be sent to you prior to billing.
5.3. Subscription Auto-Renewals
To make sure you don’t experience interruptions with your website at the end of your subscription period, we’ll automatically renew it. Some services whether on purpose or mistake may not automatically renew. You should make sure that your subscriptions are renewed in time.
5.4. Chargebacks Chargebacks
may bring us to cancel your account, so we urge you to avoid causing them. Please contact our Customer Support team before filing a chargeback. You will be responsible for any incorrect fees, losses and expenses that follow.
6. Cancellation
6.1. Cancellation by you You may cancel services at any time. Once we process your cancellation request, we will not charge you for any additional subscription renewals. 4
6.2. Cancellation by us
If you violate any of these terms or fail to make timely payments, we may take your website
offline.
6.3. Loss of Data, Content and Capacity
If your account or any of your services are cancelled, it will result in loss of content and
data.
7. Third Party Services
Our services enable you to get various services and tools from third parties that are not
affiliated with us.
Since we only act as an intermediary platform between you and such parties, only you will
be responsible for your engagements with them.
8. Misconduct and Copyrights
8.1. Misconduct and Abuse
If you witness or experience any misconduct or abusive behavior by anyone using our
services, please let us know.
8.2. Copyrights
We respect the intellectual property rights of others.
If we receive a copyright infringement notice regarding your website or content, we may
remove or cancel your website and account.
Studio Ito’s Copyright Agent can be reached at the following address:
Studio Ito LLC
3911 Keanu St., Honolulu, Hawaii, 96816
Attn: Copyright Agent
Telephone Number: 1-808-754-0432
E-mail: support@studioito.io
9. Disclaimer of Warranties
We make no warranties regarding our services, including their quality, reliability, security,
compatibility and conditions.
We may monitor and edit your website and content.
However, we are not to be considered a “publisher” of your content, we do not endorse
your content, and will not be liable for any content used by you or anyone else.
There are risks in using our services or anyone else’s services. You accept such risks.
Some of our services are still in BETA, and may contain bugs or experience interruptions.
10. Limitation of Liability
To the fullest extent permitted by law in each applicable jurisdiction, Studio Ito, its officers,
directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any
direct, indirect, incidental, special, punitive, exemplary or consequential damages
whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or
in any content; (2) any personal injury or property damage related to your use of the Studio
Ito Services; (3) any unauthorized access to or use of our servers and/or any personal
information and/or other information stored therein; (4) any interruption or cessation of
transmission to or from the Studio Ito Services; (5) the use or display of any Content posted,
emailed, transmitted, or otherwise made available via the Studio Ito Services; (6) events
beyond the reasonable control of Studio Ito, including any internet failures, equipment
failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil
disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions,
acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts,
agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data,
profits, goodwill, or other intangible losses, resulting from the use or the inability to use any
or all of Studio Ito Services.
You acknowledge and agree that these limitations of liability are agreed allocations of risk
constituting in part the consideration for Studio Ito’s services to you, and such limitations
will apply even if Studio Ito has been advised of the possibility of such liabilities.
11. Indemnity
You agree to defend, indemnify and hold harmless Studio Ito, its officers, directors,
shareholders, employees, affiliates and agents, from and against any and all claims,
damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees)
arising from: (1) your violation of any term of these Terms of Service or any other Studio Ito
Terms; (2) your violation of any third party right, including any copyright, access rights,
property, or privacy right, resulting from your Website or Content and/or your use of the
Studio Ito Services, including, without limitation, Studio Ito Services’ actions for your
benefit; and/or (3) any other type of claim that your Website and/or Content caused
damage to a third party.
12. General
12.1. Changes & Updates
Studio Ito reserves the right to change, suspend or terminate any of the Studio Ito Services
(or any features thereof, or prices applicable thereto), and/or cancel your access to any of
the Studio Ito Services (including removal of any materials created by you in connection
with the Studio Ito Services) for any reason and/or change any of the Studio Ito Terms with
or without prior notice - at any time and in any manner.
You agree that Studio Ito will not be liable to you or to any third party for any modification,
suspension or discontinuance of those Studio Ito Services.
If any such changes involve the payment of additional Fees, we will provide you with a
notice of such Fees prior to enabling such specific changes.
If you fail or refuse to pay such
Fees, we may (at our sole discretion) cancel your Services (as further explained in Section 6
above), continue to support your then-current Studio Ito Services without enabling such
changes, or provide you with alternative Services.
12.2. Governing Law
This Terms of Service shall be governed by and construed in accordance with the laws of
the State of Hawaii.
12.3. Notices
We may provide you with notices via our services, by e-mail or through any other contact
means you provided us.
12.4. Relationship
The Studio Ito Terms, and your use of the Studio Ito Services, do not, and shall not be
construed to create any partnership, joint venture, employer-employee, agency, or
franchisor-franchisee relationship between Studio Ito and you.
12.5. Entire Agreement
This Agreement constitutes the entire agreement between the Parties and supersedes any
prior understanding or representation of any kind preceding the date of this Agreement.
There are no other promises, conditions, understandings or other agreements, whether oral
or written, relating to the subject matter of this Agreement. This Agreement may be
modified in writing and must be signed by both the Company and Sales Representative.
12.6. Assignment
Studio Ito may assign its rights and/or obligations hereunder and/or transfer ownership
rights and title in the Studio Ito Services and/or Licensed Content to a third party without
your consent or prior notice to you. You may not assign or transfer any of your rights and
obligations hereunder without the prior written consent of Studio Ito. Any attempted or
actual assignment thereof without Studio Ito’s prior explicit and written consent will be null
and void. In any event, an assignment or transfer pursuant to this Section 15.6 shall not in
itself grant either Studio Ito or you the right to cancel any Studio Ito Services or Third Party
Services then in effect.
12.7. Severability & Waivers
If any part or parts of this Agreement shall be held unenforceable for any reason, the
remainder of this Agreement shall continue in full force and effect. If any provision of this
Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and
if limiting such provision would make the provision valid, then such provision shall be
deemed to be construed as so limited.
12.8. Customer Service Contact
To get in touch with our Customer Service – please send an email message to:
support@studioito.io