BLUSTMEDIA LLC Terms of Service

This Terms of Service Agreement (“Agreement”) is entered into by and between BLUSTMEDIA LLC(“BLUSTMEDIA”) and the entity or person placing an order for or accessing the Services (“Customer”). This Agreement consists of the terms and conditions set forth below and any Order Form. The “Effective Date” of this Agreement is the date which is the earlier of (a) Customer’s initial access to the Services through any online provisioning, registration or order process or (b) the Effective Date of the first Order Form. This Agreement will govern Customer’s initial purchase on the Effective Date as well as any future purchases made by Customer that reference this Agreement. BLUSTMEDIA may modify this Agreement from time to time as permitted in Section 13.4 (Amendment).

Capitalized terms shall have the meanings set forth in Section 1, or in the section where they are first used.

1. Definitions

1.1 “Authorized Devices” means those mobile, desktop, or other devices with which the Services can be accessed and used.

1.2 “Content” means code, content, fonts, graphics, designs, documents, or materials created using the Services by Customer and its Users or imported into the Services by Customer and its Users.

1.3 “Documentation” means the technical materials made available by BLUSTMEDIA to Customer and/or its Users in hard copy or electronic form describing the use and operation of the Services.

1.4 “Services” means BLUSTMEDIA’s proprietary web-based products and services, along with downloadable desktop and mobile apps. Each Order Form will identify details of Customer’s Services subscription.

1.5 “Order Form” means a document signed by both Parties identifying the Enterprise Services to be made available by BLUSTMEDIA pursuant to this Agreement.

1.6 “Packages” or “Components” means add-on modules made available within the Services. Packages and Components may be created by BLUSTMEDIA, Customer or other third parties. Packages and Components created by BLUSTMEDIA are supported as part of the Services. BLUSTMEDIA will use reasonable efforts to support Customer’s use of Packages and Components created by third parties but disclaims all warranties as to such Packages and Components.

1.7 “User” means an employee, contractor or other individual associated with Customer who has been provisioned by Customer with access to the Services.

1.8 “Services” also includes BLUSTMEDIA’s SaaS product, web design software, tools, along with downloadable desktop and mobile apps. Each Order Form will identify details of Customer’s subscription to the Services.

2. License and Use Rights

2.1 Services. BLUSTMEDIA hereby grants Customer a non-exclusive, non-transferable license during the Term (as defined in Section 12) to:
(a) use the Services and to download and install desktop or mobile applications as applicable on the number and type of Authorized Devices solely for Customer’s internal business purposes in accordance with the Documentation, and/or
(b) use our SaaS product, hosted systems, design software, tools, and build websites under the BLUSTMEDIA.com or other designated domain. The Services are delivered electronically.

2.2 Provisioning the Services. BLUSTMEDIA will provide to Customer the necessary passwords, security protocols, policies, network links or connections (“Access Protocols”) to allow Customer and its Users to access the Services as described herein. No other access to the website or servers from which the Services are delivered is permitted. Customer will provision its Users to access and use the features and functions of the Services through the Access Protocols. Customer may select one or more Users to act as administrators and control, manage and use the Services on Customer’s behalf. Customer shall be responsible for all acts and omissions of its Users.

2.3 Registering for an Account. To use the Services, Users will need to register and create an account, which requires the disclosure of certain information (including their full name, password, and email address). BLUSTMEDIAaccounts will give Users access to the Services and functionality that BLUSTMEDIA may establish and maintain from time to time and in its sole discretion. Usernames and passwords are tied to individuals and cannot be shared. All Users must be human. Accounts created by bots or shared/generic team accounts are not permitted.

2.4 Software Restrictions. Customer will not, and will not authorize any User to:

[All restrictions a) to r) remain unchanged in wording — they apply fully to BLUSTMEDIA in place of Framer.]

2.5 Content Restrictions. Customer agrees that any Content displayed in the Services does not and will not violate any law or infringe any rights of any third party. Customer and its Users shall not display Content that:

[All subsections a) to o) remain unchanged in wording — but now apply to BLUSTMEDIA instead of Framer.]

BLUSTMEDIA reserves the right, but is not obligated, to reject and/or remove any User Content that it believes, in its sole discretion, violates the Agreement.

2.6 Publicity. During the Term and at any point thereafter, BLUSTMEDIA may publicly refer to Customer orally and in writing, including on BLUSTMEDIA’s website and in sales presentations, as a customer of BLUSTMEDIA and may use Customer’s logo for such purposes.

2.7 Support. Unless Customer purchases additional support services, BLUSTMEDIA shall provide Customer with the following standard support:
(a) email support to Users Monday through Friday, 09:00 – 17:00 EST, excluding U.S. federal holidays,
(b) commercially reasonable efforts to correct errors in the Services reported in writing, and
(c) provision of updates, upgrades, and improvements generally available to all subscribers.