Custom Website Development
1.1. Our Purpose
Our services offer our users the ability to easily create beautiful and highly functional online presence, to manage and promote businesses, content and ideas, and have an overall great experience doing so.
1.2. Legal Agreement
The Custom Website Development Terms constitute a binding and enforceable legal contract between Custom Website Development and its affiliated companies and subsidiaries worldwide (“Custom Website Development”, “us” or “we”) and you in relation to the use of any Custom Website Development Services – so please read them carefully.
1.3. User Account
In order to access and use certain sections and features of the Custom Website Development Services, you must first register and create an account with Custom Website Development (“User Account”).
If anyone other than yourself accesses your User Account and/or any of your User settings, they may perform any actions available to you (unless as specifically stated otherwise on the Custom Website Development Services), make changes to your website(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.
Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust – as you will be solely and fully responsible for all activities that occur under your User Account and/or Website(s)(including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.
You must provide accurate and complete information when registering your User Account and using the Custom Website Development Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.
In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business license) that may assist us in determining ownership. Among others, we may consider the principles set forth below.
- Custom Website Development will consider the owner of a User Account, Website(s) and/or User Content created and/or uploaded to the relevant Custom Website Development Service, as the person or entity who has access to the e-mail address then listed in Custom Website Development’s records for such User Account under which such Website(s) or User Content was created.
- If any Paid Services (as defined in Section 5 below) were purchased via a User Account, Custom Website Development will consider the owner of such User Account and/or the relevant Website(s) and/or User Content created thereunder, may be considered to be the person or entity whose billing details were used to purchase such Paid Services (“Billing Information”). Notwithstanding the foregoing, when applicable if a Website(s) was connected to an external domain name (either imported or purchased as part of certain Paid Services, as defined below), and such domain’s registration information is publicly available via the WHOIS database provided on the whois.net website or on Custom Website Development’s database, Custom Website Development will consider the owner of such Website(s) as the person or entity registered as the registrant of such domain thereunder. In the event that an individual and an organization are both registered as the registrant or the registrant organization of such domain, Custom Website Development will consider the organization as the actual owner of the domain, and therefore as the owner of the Website(s) connected to such domain. In event the Billing Information indicates one person as the owner of the Website(s) and the domain registration indicates a different owner, Custom Website Development shall consider the person registered as the owner of the domain connected to the Custom Website Development Account as the owner of the Website(s).
- Notwithstanding the forgoing, Custom Website Development shall have the right to determine the ownership of User Content and/or a User Website as it chooses, including by ignoring the indications set forth above, in event Custom Website Development deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by Custom Website Development.
2. Your Obligations
2.1. You represent and warrant that:
- you are at least eighteen (18) years of age, or sixteen (16) years of age if you are an individual within the European Union (EU), or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the Custom Website Development Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the Custom Website Development Terms;
- you are not a resident of (or will use the Custom Website Development Services in) a country that the U.S. government has embargoed for use of the Custom Website Development Services, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations;
- your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
- you understand that Custom Website Development does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;And specifically regarding your User Content:
- you confirm you own all rights in and to any content uploaded or provided by you, or imported, copied or uploaded by Custom Website Development Services for you, to your Website(s) (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, information you provide for the purpose of creating a subdomain name, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access to, import, copy, use, publish, transfer or license such User Content, by you and us or any of our affiliates;
- you have (and will maintain) the full power, title, licenses, consents and authority to allow Custom Website Development Services to access any websites, web pages and/or other online services, for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using, your User Content.
- the User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which you or your Website(s)’s visitors and users (“End Users”) reside, or for Custom Website Development and/or your End Users to access, import, copy, upload, use or possess in connection with the Custom Website Development Services;
- you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.
2.2. You undertake and agree to:
- fully comply with all applicable laws and any other contractual terms which govern your use of the Custom Website Development Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
- be solely responsible and liable with respect to any of the uses of the Custom Website Development Services which occur under your User Account and/or Website(s)(s), and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the Custom Website Development Services);
- regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your Website(s), including with respect to End Users, User Products, and any applications and/or Third Party Services used by you;
- receive from time to time promotional messages and materials from Custom Website Development or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;
- allow Custom Website Development to use in perpetuity, worldwide and free of charge, any version of your Website(s) (or any part thereof) for any of Custom Website Development’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Custom Website Development or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your Website(s) with respect to such limited permitted uses;
- Custom Website Development’s sole discretion as to the means, manner, and method for performing the Custom Website Development Services, including those regarding the hosting, transmission, publication and/or display of any Website(s)and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).
- Custom Website Development shall have the right to offer the Custom Website Development Services in alternative price plans and impose different restrictions as for the upload, storage, download and use of the Custom Website Development Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, volume of download time, number of subscribers to your Content, etc.
2.3. You agree and undertake not to:
- copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Custom Website Development Website, the Custom Website Development Services (or any part thereof), any Content offered by Custom Website Development or Third Party Services for use and display within Website(s)(“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Custom Website Development’s prior written and specific consent and/or as expressly permitted under the Custom Website Development Terms;
- submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Custom Website Development or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
- use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;
- phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable;
- upload, insert, collect or otherwise make available within the Custom Website Development Website or the Custom Website Development Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;
- publish and/or make any use of the Custom Website Development Services or Licensed Content on any website, media, network or system other than those provided by Custom Website Development, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the Custom Website Development Services, Licensed Content and/or Website(s) (or any part thereof), except as expressly permitted by Custom Website Development, in advance and in writing;
- use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Custom Website Development Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the Custom Website Development Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Custom Website Development Services;
- act in a manner which might be perceived as damaging to Custom Website Development’s reputation and goodwill or which may bring Custom Website Development into disrepute or harm;
- purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Custom Website Development or Custom Website Development Marks and/or variations and misspellings thereof;
- impersonate any person or entity or provide false information on the Custom Website Development Services and/or Website(s), whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Custom Website Development and/or any End Users;
- falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Custom Website Development or any third party endorses you, your Website(s), your business, your User Products, or any statement you make;
- reverse look-up, trace, or seek to trace another User of Custom Website Development Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Custom Website Development Services and/or Website(s) without their express and informed consent;
- disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Custom Website Development Services, Website(s), the account of another User(s), or any other systems or networks connected to the Custom Website Development Services, by hacking, password mining, or other illegitimate or prohibited means;
- probe, scan, or test the vulnerability of the Custom Website Development Services or any network connected to the Custom Website Development Services;
- upload to the Custom Website Development Services and/or Website(s) or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
- take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Custom Website Development Services or Custom Website Development’s systems or networks connected to the Custom Website Development Services, or otherwise interfere with or disrupt the operation of any of the Custom Website Development Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
- use any of the Custom Website Development Services and/or Website(s) in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
- access to Custom Website Development Services, User Accounts, Licensed Content and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.
- sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or Custom Website Development Services, except as expressly permitted by the Custom Website Development Terms;
- remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Custom Website Development Services and/or Licensed Content; or
- violate, attempt to violate, or otherwise fail to comply with any of the Custom Website Development Terms or any laws or requirements applicable to your use of the Custom Website Development Services.
- access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.
3. Content and Ownership
3.1. Your Intellectual Property
As between Custom Website Development and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works. Custom Website Development does not claim ownership rights on your content. For the sole purpose of granting you the service, You know and agree that we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDN’s, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.
3.2. Custom Website Development’s Intellectual Property
All rights, title and interest in and to the Custom Website Development Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Custom Website Development Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Custom Website Development.
Subject to your full compliance with the Custom Website Development Terms and timely payment of all applicable Fees, Custom Website Development hereby grants you, upon creating your User Account and for as long as Custom Website Development wishes to provide you with the Custom Website Development Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Custom Website Development Services and Licensed Content, for the purpose of generating and displaying your Website(s) to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the Custom Website Development Terms, and solely within the Custom Website Development Services.
The Custom Website Development Terms do not convey any right or interest in or to Custom Website Development’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Custom Website Development Terms constitutes an assignment or waiver of Custom Website Development’s Intellectual Property rights under any law.
3.3. Feedback and Suggestions
If you provide us with any suggestions, comments or other feedback relating to the Custom Website Development Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Custom Website Development. By providing such Feedback to Custom Website Development, you acknowledge and agree that it may be used by Custom Website Development in order to: (i) further develop, customize and improve of the Custom Website Development Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized Custom Website Development -related notices and/or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) to create aggregated statistical data and other aggregated and/or inferred information, which Custom Website Development may use to provide and improve its services, (vi) to enhance Custom Website Development data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to Custom Website Development any right, title and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.
5. Service Fees
5.1. Paid Services
The use of certain Custom Website Development Services may be subject to payment of particular fees, as determined by Custom Website Development in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Custom Website Development will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.
Custom Website Development reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, Custom Website Development shall have the right to automatically and without notice renew your subscription to such Custom Website Development Service(s) at the full applicable Fee.
All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by Custom Website Development. To the extent permitted by law (and unless specified otherwise by Custom Website Development in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the Custom Website Development Services, or to any payments or purchases made by you. If Custom Website Development is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). Custom Website Development is not responsible for any such additional fees or costs.
As part of registering or submitting information to receive Paid Services, you also authorize Custom Website Development (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Custom Website Development or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).
You may keep a credit card stored with Custom Website Development to pay for Paid Services (“Stored Card”).
5.3. Subscription Auto-Renewals
In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default, according to which, unless you turn-off the auto-renewal option, such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period) (“Renewing Paid Services”). For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Accordingly, where applicable, Custom Website Development will attempt to automatically charge you the applicable Fees using the Stored Card, within up-to two (2) weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice. If your Renewing Paid Service is subject to a yearly or multiple-year subscription period, Custom Website Development will endeavor to provide you a notice prior to the renewal of such Paid Service at least thirty (30) days in advance of the renewal date.
By entering into this Agreement and by purchasing a Renewing Paid Service, you acknowledge and agree that the Renewing Paid Service shall automatically renew in accordance with the above terms.
You may cancel your Renewing Paid Services at any time via your User Account or by visiting Custom Website Development Help Center.
Certain domains are subject to a different renewal policy as detailed in the Domains Registration Agreement. Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of the Custom Website Development Services you use (whether or not such Custom Website Development Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any Custom Website Development Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any Custom Website Development Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against Custom Website Development in relation to the discontinuation of any Custom Website Development Services or Third Party Services, for whatever reason.
5.4. Money-Back Guarantee
If you are not satisfied with Custom Website Development Services that are subject to a Fee, you may provide notice of cancellation for any. The Refund is applicable to only one month of services. The Refund is not applicable to any additional purchases, upgrades, modification or renewals of Custom Website Development Services. If you reside in a jurisdiction which requires a longer Refund Period, we will of course be happy to accommodate such requirements in accordance with all applicable laws. If Custom Website Development receives such notice within such Refund Period, Custom Website Development will refund to you the amount Custom Website Development charged you for such Custom Website Development Services, in currency you were originally charged in, and cancel them accordingly. Please note that the Refund amount may be different than the amount you were charged due to currency changes and third party fees. Custom Website Development will not be responsible for any differences caused by change of currency exchange rates or fees you were charged by third parties. All other fees paid by you are non-refundable and non-cancelable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any Custom Website Development Services actually received, as permitted by law.
Please note: Certain services purchased on or through the Custom Website Development Services may be non-refundable. These include Third Party Services such as domains, business tools and applications. The terms of each purchased service or application are indicated on the Custom Website Development Website and/or as part of or during the process of purchasing such services or applications. It is your obligation to verify your ability to cancel a service prior to purchasing it. Custom Website Development will not refund any amounts paid for non-refundable Paid Services, applications or Third Party Services.
If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your Custom Website Development account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the Custom Website Development Services may be automatically disabled or terminated.
In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications and Third Party Services may be subject to cancellation and Capacity Loss (as defined in Section 6.3 below).
Your use of the Custom Website Development Services will not resume until you re-subscribe for any such Custom Website Development Services, and pay any applicable Fees in full, including any fees and expenses incurred by Custom Website Development and/or any Third Party Services for each Chargeback received (including Fees for Custom Website Development Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).
If you have any questions or concerns regarding a payment made to Custom Website Development, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the Custom Website Development Services from being cancelled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the Custom Website Development Services purchased (and charged-back) by you.
We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.
5.6. Help Desk Update Fee
If the client requires an update to be performed by our Help Desk, the fee is $59 per hour. All fees are paid prior to the update being performed.
6.1. Cancellation by User
You may discontinue to use and request to cancel your User Account and/or any Custom Website Development Services at any time, in accordance with the instructions available on the Custom Website Development Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the Custom Website Development Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.
Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Renewing Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.
For more information about canceling your Paid Services, please visit Custom Website Development Help Center.
6.2. Cancellation by Custom Website Development
Failure to comply with any of the Custom Website Development Terms and/or to pay any due Fee shall entitle Custom Website Development to suspend (until full payment is made) or cancel your User Account and Website(s) (or certain features thereof), as well as the provision of any related Custom Website Development Services (e.g., Paid Services) or Third Party Services to you.
6.3. Loss of Data, Content and Capacity
If your User Account or any Custom Website Development Services or Third Party Services related to your User Account are cancelled (whether at your request or at Custom Website Development’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). Custom Website Development shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any Custom Website Development Services following their cancellation, as determined by Custom Website Development in its sole discretion.
The Custom Website Development Services also include certain features which enable you to sell goods, content, media and services through your Website(s) (“User Products”, and collectively – “E-Commerce”).
You are solely responsible for your User Products and E-Commerce related activities, and any promotions and related Content contained or referred to in your Website(s), and compliance with any laws applicable thereto. We are merely providing the platform for you to manage your online E-Commerce activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your User Products. When someone purchases your User Products, such transaction’s payments will be processed through such third party payment service providers with which you decided to register and set up an account (“E-Commerce Service Provider(s)”), in accordance with such E-commerce Service Provider’s terms of service and other applicable policies. We are neither a party to nor are responsible in any way for your relationship with any such E-Commerce Service Providers, or for the actions of any of these E-Commerce Service Providers.
By using any of our E-Commerce features, you acknowledge, warrant and agree that:
- You shall be solely and fully responsible for all Taxes and fees of any nature associated with your E-Commerce activities, including any Taxes related to the purchase or sale of the User Products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your End Users of such and provide them with a duly issued invoice as required by law;
- Any Taxes indicated by the E-Commerce features provided to you by Custom Website Development are solely provided for illustration purposes only, and may not be relied on in any way;
- You shall be responsible for and bear all costs of procuring and delivering your User Products, and for providing them in a safe and professional manner, consistent with industry standards;
- You are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding the User Products, and shall provide true contact information on your Website(s) for any questions, complaints or claims; and
- You may not offer or sell any User Products, or provide any information, Content or material regarding User Products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export; and –
- Custom Website Development may, at any time and at its sole discretion, suspend, disable access to or remove your Website(s) and/or any User Products – whether or not incorporated, published with or made a part of your Website(s) at such time, without any liability to you or to any End Users, including for any Capacity Loss resulted therefrom.
8. Video Services
As part of the Custom Website Development Services, Custom Website Development may provide video services (such as Custom Website Development Video or Custom Website Development Pro Gallery) for managing videos on Website(s)(the “Video Services”).
The use of the video services for your Website(s), may require that you receive a license to use certain patents from MPEG–LA (the “License”). It is your own exclusive responsibility to decide whether your activity requires a License and to obtain it. Information about the License can be obtained from MPEG LA L.L.C. at http://www.mpegla.com/main/default.aspx
If your needs require a more inclusive plan than those regularly offered by us, please contact our support team at: email@example.com.
9. Third Party Services
The Custom Website Development Services enable you to engage and procure certain third party services, products and tools for enhancing your Website(s) and your overall user experience, including, without limitation, domain registrars from which you may purchase a domain name for your User Website, third party applications and widgets offered via the Custom Website Development Website, third party Licensed Content, media distribution services, E-Commerce Service Providers, sellers of tangible products, third party designers who may assist you with your Website(s), etc. (collectively, “Third Party Services”).
You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled or integrated within certain Custom Website Development Services, offered separately by Custom Website Development or persons certified or authorized by Custom Website Development, or otherwise offered anywhere on the Custom Website Development Services), Custom Website Development merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. Custom Website Development will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third party Services.
You acknowledge that such services may require the payment of additional amounts to Custom Website Development and/or to the providers of such Third-Party Services.
Any and all use of such Third Party Services shall be done solely at your own risk and responsibility, and may be subject to such legal and financial terms which govern such Third Party Services, which you are encouraged to review before engaging with them.
While we hope to avoid such instances, Custom Website Development may, at any time and at its sole discretion, suspend, disable access to or remove from your User Account, Website(s) and/or the Custom Website Development Services, any Third Party Services – whether or not incorporated with or made part of your User Account and/or Website(s) at such time – without any liability to you or to any End Users.
10. Custom Website Development Logo Services
As part of the Custom Website Development Services, we enable you to enhance your brand by creating you a customized business logo (the “Custom Website Development Logo”). The Terms of Services apply to your use of Custom Website Development Logo, and are in addition to, and not in replacement of, the Custom Website Development Terms, unless explicitly stated otherwise.
11. Misconduct and Copyrights
11.1. Misconduct and Abuse
When using the Custom Website Development Services, you may be exposed to Website(s), User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against Custom Website Development with respect thereto.
If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the Custom Website Development Services, please immediately report such User and/or Third Party Service to us via email at firstname.lastname@example.org. You agree that your report shall not impose any responsibility or liability upon Custom Website Development, and that Custom Website Development may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.
Custom Website Development acts in accordance with its interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via email@example.com, or otherwise provide the following information in writing to our designated Copyright Agent: (1) the contact details of the person authorized to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Custom Website Development to locate the material (including URL address); (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
Custom Website Development’s Copyright Agent can be reached at the following address:
Custom Website Development
PO Box 411
American Fork, UT 84003
Attn: Copyright Agent
In the event that Custom Website Development receives notice regarding a copyright infringement related to your Website(s) or User Website, it may cancel your User Account, take your Website(s) down or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may file a proper counter-notice in accordance with Section 512 of the DMCA, in which you must include: (1) your full name, address, phone number and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) your consent to an appropriate judicial body; and (5) any other information required under the relevant provisions of the DMCA. Any notices filed pursuant to this Section 9 may be deemed accepted, applicable and compliant with the DMCA, or not, at Custom Website Development’s sole reasonable discretion. Custom Website Development reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.
12. Disclaimer of Warranties
We provide the Custom Website Development Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the Custom Website Development Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the Custom Website Development Services – so please be sure to verify those before using or otherwise engaging them.
Custom Website Development may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any Website(s) and/or User Content, at any time and for any reason, with or without notice.
Notwithstanding anything to the contrary in the foregoing, in no circumstances may Custom Website Development be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the Custom Website Development Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, Custom Website Development shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.
You acknowledge that there are risks in using the Custom Website Development Services and/or connecting and/or dealing with any Third Party Services through or in connection with Custom Website Development Services, and that Custom Website Development cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.
Custom Website Development does not recommend the use of the Custom Website Development Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.
Please note that certain Custom Website Development Services are currently offered in their BETA version, and undergoing BETA testing. You understand and agree that certain Custom Website Development Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Custom Website Development Services at this BETA stage signifies your agreement to participate in such Custom Website Development Services’ BETA testing.
13. Limitation of Liability
To the fullest extent permitted by law in each applicable jurisdiction, Custom Website Development, 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 Custom Website Development 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 Custom Website Development Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Custom Website Development Services; (6) events beyond the reasonable control of Custom Website Development, 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 Custom Website Development Services.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Custom Website Development’s services to you, and such limitations will apply even if Custom Website Development has been advised of the possibility of such liabilities.
15.1. Changes & Updates
Custom Website Development reserves the right to change, suspend or terminate any of the Custom Website Development Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the Custom Website Development Services (including removal of any materials created by you in connection with the Custom Website Development Services) for any reason and/or change any of the Custom Website Development Terms with or without prior notice – at any time and in any manner.
You agree that Custom Website Development will not be liable to you or to any third party for any modification, suspension or discontinuance of those Custom Website Development 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 User Account (as further explained in Section 6 above), continue to support your then-current Custom Website Development Services without enabling such changes, or provide you with alternative Services.
15.2. Governing Law & Jurisdiction; Class Action Waiver
The Custom Website Development Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Custom Website Development Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the Custom Website Development Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the United States of America, without respect to its conflict of laws principles.
Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in The State of Utah. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Subject to any applicable law, all disputes between you and Custom Website Development shall only be resolved on an individual basis and you shall not have the right to bring any claim against Custom Website Development as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
Notwithstanding anything to the contrary in this Section 15.2, if you are located in the United States of America, (i) the legal jurisdiction governing all aspects of the payment transaction contemplated by Section 5 between you and Custom Website Development will be the State of Utah, without respect to its conflict of laws principles, and (ii) any and all claims and disputes related to such payment transaction contemplated by Section 5 shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Provo, Utah.
We may provide you with notices in any of the following methods: (1) via the Custom Website Development Services, including by a banner or pop-up within the Custom Website Development Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Custom Website Development’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
The Custom Website Development Terms, and your use of the Custom Website Development Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Custom Website Development and you.
15.5. Entire Agreement
Custom Website Development may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Custom Website Development 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 Custom Website Development. Any attempted or actual assignment thereof without Custom Website Development’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 Custom Website Development or you the right to cancel any Custom Website Development Services or Third Party Services then in effect.
15.7. Severability & Waivers
If any provision of the Custom Website Development Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the Custom Website Development Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained herein, is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.
15.9. Customer Service Contact
To get in touch with our Customer Service – please use any of the options listed below:
- Go to Custom Website Development Help Center which is available at: https://customwebsitedev.com/support
- Send an email message to: firstname.lastname@example.org