PLEASE READ THIS DOCUMENT CAREFULLY BEFORE JOINING OR USING THE "MY PORTFOLIO" SERVICE ON THE DESINGERSTOOLBOX.COM WEBSITE HEREFORTH REFERRED TO AS "THE SITE".

BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD IMMEDIATELY CEASE SUCH USE.

DESIGNERS TOOLBOX MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

Membership and Billing
You can find the specific details regarding your My Portfolio subscription with Designers Toolbox at anytime by clicking on the "Account" link, located at the top of the pages of the Site.

Free Trials
Only one My Portfolio free trial may be redeemed per household. Upon registering for your free trial, you will have full access to the My Portfolio section for 14 days. After 14 days if you do not subscribe for a monthly or annual subscription, your My Portfolio account will be terminated and all uploaded files and text will be deleted.

Monthly Subscription
Once you complete the registration form, we will begin billing your Payment Method for the monthly subscription fees corresponding to your subscription program plus any applicable tax. Your membership 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 each month in order to avoid billing of the next month's subscription fees to your Payment Method. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANYTIME.

By signing up for the My Portfolio monthly service, you are expressly agreeing that we are permitted to bill you a monthly subscription fee and any applicable tax. The subscription fee will be billed at the beginning of your subscription and on each monthly renewal thereafter unless and until you cancel your membership. We will automatically bill your Payment Method 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 Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your Payment Method would next 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 Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the "Account" link, available at the top of the pages of the Site. If your Payment Method reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that Payment Method.

Annual Subscription
Once you complete the registration form, we will begin billing your Payment Method for annual subscription fees corresponding to your subscription program plus any applicable tax. An annual subscription is for a 12-month period. We will continue to bill your Payment Method on an annual basis, every 12 months, for your subscription program until you cancel. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANYTIME.

By signing up for the My Portfolio annual service, you are expressly agreeing that we are permitted to bill you an annual subscription fee and any applicable tax. The subscription fee will be billed at the beginning of your subscription and on each yearly renewal thereafter unless and until you cancel your membership. We will automatically bill your Payment Method each year 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 year, we will bill your Payment Method on the following day. For example, if you became a paying member on February 29th, your Payment Method would next be billed on March 1st. 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 Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the "Account" button, available at the top of the pages of the Site. If your Payment Method reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that Payment Method.

Cancellation
You may cancel your subscription to My Portfolio at anytime, and cancellation will be effective immediately. To cancel, click the word "Cancel" on the "Account" page and follow the instructions for cancellation under the heading "Cancel Subscription." WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH OR PARTIAL-YEAR SUBSCRIPTION PERIODS. Once you cancel a monthly or annual subscription, your My Portfolio account will be terminated and all uploaded files and text will be deleted.

Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

Copyrighted Material
You acknowledge the images and text, including but not limited to, text, music, sound, photographs, video, graphics or other material contained on your My Portfolio is owned or licensed by you. You are solely responsible for obtaining all such necessary permission at your sole cost and expense before uploading any such material to the My Portfolio service.

Profanity
Designers Toolbox does not permit the use of profanity or patently vulgar language on My Portfolio sites. This includes the use of language that is racist, hateful, sexual, or obscene in nature. We make allowances for certain items that may contain profane words as part of the title. An example of such an item might be a music CD with profanity in some of the song titles.

Adult Images and Text
My Portfolio users are expected to follow all applicable laws relating to the displaying of pornographic material. With regard to artwork, nudity is permitted to the extent it is part of a piece of art that may be considered fine art, such as certain paintings, photographs, carvings, figurines and other similar materials. Examples include, but are not limited to, Michelangelo's David, a painting of a nude female, and nude photography.

CHILD PORNOGRAPHY IS ILLEGAL, and the possession of such materials violates the law in the United States. Designers Toolbox does not permit the displaying any item that depicts nude minors (under 18 years of age).

Designers Toolbox does not permit the displaying of obscene materials as they violate laws in the United States. While obscenity is not easy to define and depends on the standards in your community, Designers Toolbox prohibits items depicting bestiality, rape sex, incest, or sex with graphic violence or degradation.

THERE ARE NO EXCEPTIONS TO THESE RULES. We understand artistic freedom, but this is done to protect minors not art. Any violation in these terms will result in termination of your My Portfolio service. No refunds or credits will be given in the event of termination due to inappropriate material.

Domain Names
You acknowledge that it is your responsibility to keep your own records and to maintain your own reminders regarding when your domain name registration or other Services are set to expire. As a convenience to you, and not as a binding commitment, we and/or your Primary Service Provider may notify you via an email message or via your account when renewal fees are due. Should these fees go unpaid, your Domain Name will expire or be cancelled. Payment must be made by credit card or such other method as we may allow or require from time to time. If you select automatic renewal of the Domain Name, we may attempt to renew the Domain Name a reasonable time before expiration, provided your credit card or other billing information is available and up to date. You acknowledge that it is your responsibility to keep your billing information up to date and that we are not required to, but that we may, contact you to update this information in the event that an attempted transaction is not processed successfully.

As further consideration for your Domain Name, you agree to provide certain current, complete and accurate information about you, both with respect to your account information and with respect to the WHOIS information for your domain name. You agree to maintain and update this information as needed to keep it current, complete and accurate. With respect to you, the administrative, technical, and billing contacts for your domain name registration, you must submit the following: name, postal address, e-mail address, voice telephone number, and where available, fax number. You agree that the type of information you are required to provide may change and you understand that, if you do not provide the newly required information, your registration may be suspended or terminated or may not be renewed. You may provide information regarding the name-servers assigned to your domain name and, if we are providing name-server services to you, the DNS settings for the domain name. If you do not provide complete name-server information you agree that we may supply this information (and point your domain name to a website of our choosing) until such time as you elect to supply the name-server information.

You agree that transfer of your domain name shall be governed by ICANN's transfer policy, available at http://www.icann.org/transfers/, as this policy may be modified from time to time. You agree that we may place a "Registrar Lock" on your domain name services and that this will prevent your domain name services from being transferred without your authorization, though we are not required to do so. By allowing your domain name services to remain locked, you provide express objection to any and all transfer requests until the lock is removed. To transfer your domain name you should first login to your account to lock or unlock your domain name and/or to obtain the EPP "AuthCode" which is required to transfer domain services in an EPP registry (such as .org). Only the registrant and the administrative contacts listed in the WHOIS information may approve or deny a transfer request. Without limitation, domain name services may not be transferred within 60 days of initial registration, within 60 days of a transfer, if there is a dispute regarding the identity of the domain name registrant, if you are bankrupt, or if you fail to pay fees when due. We will follow the procedures for both gaining and loosing registrars as outlined in ICANN's transfer policies. Transfer requests typically take five business days to be processed. A transfer will not be processed if, during this time, the domain name registration services expire in which event you may need to reinstate the transfer request. You may be required to resubmit a transfer request if there is a communication failure or other problem at either our end or at the registry. AS A CONSEQUENCE, YOU ACKNOWLEDGE THAT YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER IF THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END OF A REGISTRATION TERM.

You agree and consent that we will make available the domain name registration information you provide or that we otherwise maintain to the following parties: ICANN, the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit (including through web-based and other on-line WHOIS lookup systems), whether during or after the term of your domain name registration services of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of such information. Additionally, you acknowledge that ICANN may establish or modify the guidelines, limits and/or requirements that relate to the amount and type of information that we may or must make available to the public or to private entities, and the manner in which such information is made available. Information regarding ICANN's guidelines and requirements regarding WHOIS can be found at http://www.icann.org/registrars/wmrp.htm, http://www.icann.org/registrars/wdrp.htm, and elsewhere on the ICANN website at http://www.icann.org/.

This page was last modified on September 22, 2007