Introduction

The following Terms and Conditions govern your use of the BabyJellyBeans.com Web site. By using, visiting, or browsing the BabyJellyBeans.com Web site, you accept and agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you should not use the BabyJellyBeans.com Web site. You can find the specific information regarding your membership with BabyJellyBeans.com at anytime by signing into your account and clicking on Membership Information located in your Account Manager.

Free Trial Subscriptions
We encourage the use of our service through an initial 1 month free trial period. Free trials are only available to first time subscribers of the BabyJellyBeans.com and cannot be combined with any other offer. Only one free trial subscription is permitted per subscriber.

Upon registering for your free trial, your billing address and credit card information will be required. However, no charges will be made against your credit card unless you do not cancel prior to the end of your 1 month free trial period.

Your free trial subscription entitles you, during the term of your free trial, to the same service provided to our paying subscribers.

BabyJellyBeans will begin billing your credit card for the subscription package offered at the end of your free trial period unless you cancel prior to the end of your free trial.

PLEASE NOTE: YOU MUST CANCEL PRIOR TO THE END OF YOUR FREE TRIAL OFFER TO AVOID CHARGES TO YOUR CREDIT CARD. IF YOU DO NOT CANCEL YOUR SUBSCRIPTION WITHIN THE 1 MONTH FREE TRIAL PERIOD, UPON THE END OF THE FREE TRIAL PERIOD, YOU WILL BE CHARGED THE MEMBERSHIP SUBSCRIPTION FEE, WHICH IS NON-REFUNDABLE. TO CANCEL YOUR SUBSCRIPTION, PLEASE FOLLOW THE INSTRUCTIONS SET FORTH UNDER THE HEADING "CANCELLATION" BELOW.

BabyJellyBeans will continue to charge your credit card on a recurring basis until you cancel your subscription. The BabyJellyBeans membership subscription is a monthly or yearly, auto-renewing subscription that allows members to use our software to build, maintain and share their website. Such a subscription is cancelable at anytime. Click the Membership Information under the Account Manager for cancellation instructions.

Billing
As a subscriber to BabyJellyBeans, you agree that we are permitted to charge your credit card a monthly or annual subscription fee and any other charges you may incur in conjunction with your use of BabyJellyBeans.com. The subscription fee will be billed in advance at the end of your free trial period, and we will automatically charge your credit card each month or year thereafter on the calendar day corresponding to the commencement of your membership.

Next Billing Date
In the event your membership began on a day not contained in a given month, we will bill your credit card on the last day of such month. For example, if you became a member on January 31st, your card would be billed on February 28th.

Fees and Charges
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 in our sole discretion, but we will give you advance notice of these changes by email to the email address you have provided us. If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your credit card information by clicking on Billing Information located under Manage Your Account in your Account Manager.

Automatic Renewals
Your BabyJellyBeans subscription will be automatically renewed on a monthly or annual basis, depending on your subscription. For your convenience, we will charge the subscription fee to the credit card you provide to us during registration (or to a different credit card if you change your billing information). Your subscription to BabyJellyBeans.com will automatically renew for successive subscriptions, without prior notice to you, unless and until you cancel your membership or we terminate it for you. You must cancel your membership before it renews in order to avoid charges to your credit card.

Cancellation
As noted above, you may cancel your subscription to BabyJellyBeans.com at anytime. To cancel, click Manage Your Account in your Account Manager, click Membership Information, and follow the instructions. BabyJellyBeans does not provide refunds or credits for any partial monthly or annual subscription periods. Upon cancellation, any unredeemed special offers will be forfeited. You will also be given 10 days to update credit card information when your card, for whatever reason, is no longer able to accept recurrent billing for the agreed service of the site. Upon cancellation, your website will become "inactive", thus not accessible via the Internet. BabyJellyBeans is not responsible for the return of, or establishing access to your data, by any means, after cancellation.

Web Site Content

The BabyJellyBeans Web site allows you and other third parties to post information and comments on Web sites hosted by BabyJellyBeans. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the BabyJellyBeans.com Web site are those of the respective authors or producers and not of BabyJellyBeans or its shareholders, directors, officers, employees or other affiliates. Under no circumstances shall BabyJellyBeans or its shareholders, directors, officers, directors, employees or other affiliates be held liable for any loss or damage caused by your reliance on information obtained through the BabyJellyBeans.com Web site and hosted Web sites. It is your responsibility to evaluate the information, opinion, advice, or other content available through the BabyJellyBeans.com Web site and hosted Web sites.

We permit you to post comments on BabyJellyBeans.com Web sites and provided that the content is not illegal, obscene, threatening, defamatory or otherwise objectionable to us. In posting such content, you agree not to use a false e-mail address or otherwise mislead us or others regarding the origin of such content. We do not regularly review the content posted on BabyJellyBeans.com Web sites; however, we reserve the right to remove or edit such content at anytime without notice.

Your are solely responsible for any data, text, software, music, audio, photographs, graphics, video, messages, files or other materials ("Content") which is transmitted, posted, or distributed by you through our service, including but not limited to the contents of your e-mail communications, information, photos or images posted to your website. All Content posted by you, is your sole responsibility. BabyJellyBeans.com does not control the Content posted by users such as yourself via our services and, as such, does not guarantee the accuracy, integrity or quality of such Content. By using BabyJellyBeans.com you understand and agree that you may be exposed to Content posted by other users that may be offensive, indecent or objectionable. Under no circumstances will BabyJellyBeans.com be liable in any way for any Content posted by any user or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via our services.

Your Conduct on the BabyJellyBeans.com Web Site

Unacceptable actions and content as determined by us in our discretion, will constitute grounds of blocking your access to our service, removal of posted material and non-fulfillment of your order. As condition of your use of this service, you may NOT
  • Upload, post, email or otherwise transmit any Content that is unlawful, defamatory, obscene, vulgar, invasive of another's privacy or rights of publicity, hateful, or otherwise objectionable in our estimation.
  • Upload, post, email or otherwise transmit any Content that you do not have a legal right to transmit (such as a proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) any content that infringes any patent trademark, trade secret, copyright or other proprietary rights of any party.
  • Harm minors in any way.
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this site.
  • Interfere with our disrupt (or attempt to interfere with or disrupt) this site or servers or networks connected to this site, or disobey any requirements, procedures, policies or regulations of networks connected to this site.
  • Exhibit expressions of abuse, offensive language and imagery, obscenity, or pornography, including but not limited to child abuse, child pornography or depictions of minors engaged in sexual conduct.
  • Impersonate any other person while using the BabyJellyBeans.com Web site, conduct yourself in a vulgar or offensive manner while using our service, or use the BabyJellyBeans.com Web site for any unlawful purpose.
  • Transmit any material sent from an anonymous or false address.

Domain Registration
BabyJellyBeans registers domain names as a service to its members and are registered through an ICANN accredited registrar. The domain registration fee is separate from the BabyJellyBeans membership subscription fee. Once registered, a domain name cannot be changed and the registration fee is non-refundable. A member must have a BabyJellyBeans website prior to registering a domain name through our website. Domain names are only linked to BabyJellyBeans websites. We do NOT take requests to change settings to the DNS or MX records. Once your domain name is registered, or renewed, you will be charged the registration fee for the term you specify.

ICANN Registrant Rights and Responsibilities

Domain Renewals
BabyJellyBeans will notify you in advance by email at the email address you have provided us of your upcoming domain expiration. During this time, you will have the option to renew your domain name for another specified term. PLEASE NOTE THAT IF YOUR DOMAIN NAME EXPIRES AND BECOMES AVAILABLE, BABYJELLYBEANS IS NOT RESPONSIBLE FOR THE LOSS OF YOUR DOMAIN NAME DUE TO REGISTRATION BY A THIRD PARTY.

If you do not renew your domain name prior to the expiration date, your domain will go into a 30-day redemption period during which time you may pay BabyJellyBeans a redemption fee of $150 to redeem your domain name. If you do not redeem your domain name prior to the end of the redemption period, the Registry will release your name and it will become available for registration on a first-come-first-served basis.

If your domain name has expired and is not renewed, your website will no longer be accessible through your personal domain name. However, your website may still be accessible through your BabyJellyBeans URL or through the website search on the BabyJellyBeans homepage.

Domain Transfers
If you would like to transfer your domain name to another registrar, please send an email request to domains@babyjellybeans.com. Domain transfers can take up to 30 days to complete. BabyJellyBeans charges $25.00 (USD) to transfer a domain to another registrar. BabyJellyBeans is not responsible for domain names after the transfer has been completed.

The BabyJellyBeans standard monthly subscription includes 2 GB of storage space for your uploaded content. This includes photos, videos, audio and other images that a member can upload to their website. BabyJellyBeans stores the original version of your uploaded file which counts towards your total disk space usage. Depending on the camera, a digital photo can range from 500 KB to 10 MB in size. High Mega-pixel digital photos will consume more of your storage space. If your website exceeds your disk space limit, you can purchase more storage space by clicking the link on your Website Manager. If you have been a BabyJellyBeans member for one year (365 days) and your website has been online for one year (365 days), you are eligible for a complimentary Keepsake CD. Periods between cancellation and re-activation do not apply to your total active membership period. Only websites which have been online for a total of 365 continuous days qualify for a complimentary Keepsake CD. The free trial month is included in the calculation.

Your Website
Your website on Keepsake CD will look exactly like your website online. It will include all photos, high-resolution photos, video, audio and content. We will notify you by email when your Keepsake CD has been completed and is in the mail. In the meantime, refrain from making any updates or changes to your website. BabyJellyBeans is not responsible for your content, and any changes you make after your Keepsake CD has been ordered may or may not appear on your Keepsake CD website.

Private Entries, Guestbook & Third-party software
All private entries such as in your guestbook or journal will not be displayed in your Keepsake CD. The guestbook submit button will be disabled in your Keepsake CD website preventing new guestbook entries. Any third-party software you are using on your website, such as counters and tickers, may not function properly if at all.

Delivery
Please allow two weeks from the time of order to complete and mail your Keepsake CD. Members outside the United States may experience a longer wait due to international delivery. Domestic Keepsake CDs are delivered via First-Class U.S. mail. International orders are sent via Standard Air delivery. We will notify you via email when your Keepsake CD has been sent.

Liability
Keepsake CDs are non-transferable and non-refundable. BabyJellyBeans is not responsible for lost, stolen, or damaged items due to shipping. Keepsake CDs are produced from the member website "as-is". BabyJellyBeans makes no guarantees as to the accuracy or correctness of your Keepsake CD website.

Copyrights
BabyJellyBeans websites on Keepsake CD are for personal and archival use only. All website designs, images and artwork are under copyright law and shall not be transferred, reproduced, sold, advertised, or used for commercial purposes in any way.

Last Updated: March 10, 2012