Website Builder Terms of Use

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE. These terms of service ("Terms") apply solely to your access to, and use of, the Web site of Site Builder and the web development and hosting tools and services accessed through the Site as more fully described below (the "Services"). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Site Builder, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site or the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf, and that such entity agrees to indemnify you and Site Builder for violations of these Terms. Nothing in these Terms shall be deemed to confer any third party rights or benefits. Site Builder may, at its sole discretion, revise the Terms, including any changes, at any time by updating this posting, with the revised Terms taking effect for all Users as of the date stated on the posting. You waive any right you may have to receive specific notice of such changes or modifications. Consequently, Users should consult the Terms regularly. Your continued use of this Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. If you do not agree to the amended terms, you must stop using the Site. However, we must give you at least 30 days’ notice of changes or modifications to major Terms, and if you disagree with the changes or modifications you may terminate and receive a pro rata refund of prepaid fees.

If you're using the Services for an organization, you're agreeing to this Agreement on behalf of that organization, and you represent and warrant that you can do so. References to “you”, "your” and similar terms are construed accordingly in this Agreement. If you don’t agree to all the terms in this Agreement, you may not use or access the Services.

Description of Services

The Services include various online web site development tools and web applications operated and hosted by Site Builder to enable you to create and publish web sites - hereafter referred to as the "Site Builder Toolset". The user/client of the "Site Builder Toolset" will be known as "you". The Services also includes web hosting services for the web sites you create through the Site.

User Sites

Site Builder enables users to create and publish web sites that are hosted by Site Builder ("User Sites"). Site Builder does not approve or control such User Sites and does not routinely review or monitor such Sites. In addition, you understand and acknowledge that your business dealings, correspondence or interactions with any User Site and any terms, conditions, warranties or representations associated with such dealings or interactions are solely between you and the operator of such User Site. THEREFORE, YOU ACKNOWLEDGE AND AGREE THAT SITE BUILDER IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING, THE CONTENT, FUNCTIONALITY, BUSINESS, LEGALITY, ACCURACY, COMPLETENESS, QUALITY, RELIABILITY, SECURITY, USEFULNESS OR PRACTICES OF ANY USER SITES OR FOR ANY DEALINGS WITH OR TRANSACTIONS CONDUCTED ON OR IN CONNECTION WITH ANY USER SITE. The hosting of any User Site does not imply endorsement or sponsorship by Site Builder or any association or affiliation with its operators or the content, business or operation of the User Site, and if you create any User Site, you may not do anything to imply any such endorsement, sponsorship, association, affiliation or relationship with Site Builder. YOU USE AND INTERACT WITH SUCH USER SITES AT YOUR OWN RISK. You may not use the name, logo or other trademarks of Site Builder to imply any sponsorship, affiliation or relationship between you and Site Builder other than that Site Builder is hosting your User Site.

LICENSE

You are granted a limited, non-sublicensable license to access and use the Site and the Site Builder Toolset solely in connection with the creation of web sites hosted on this Site. The Site and the Site Builder Toolset are licensed from the operator, Site Builder subject to your acceptance of these Terms. Such license is subject to these Terms and does not include: (a) any resale or distribution of the Site or the Site Builder Toolset; (b) modifying or otherwise making any derivative uses of the Site and the Site Builder Toolset, or any portion thereof; (c) use of any data mining, robots or similar data gathering or extraction methods; (d) downloading (other than the page caching) of any portion of the Site or the Site Builder Toolset except as expressly permitted on the Site; or (e) any use of the Site or the Site Builder Toolset other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Site Builder, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

You assume responsibility for the selection of the Site and the Site Builder Toolset to achieve your intended results, and for the installation, use, and results obtained therefrom. Site Builder reserves the right to modify, suspend or discontinue the Site or the Site Builder Toolset with or at any time, and our sole liability to you for modification, suspension, or discontinuance will be to provide you with a pro rata refund of prepaid fees and reasonable opportunity to retrieve your Content.

If you live in a country in the European Region, you must be at least 16 years old to use our Services or such greater age required in your country to register for or use our Services. If you live in any other country except those in the European Region, you must be at least 13 years old to use our Services or such greater age required in your country to register for or use our Services. In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.

You are not a resident of (or will use the Site Builder Toolset in) a country that the U.S. government has embargoed for use of the Site Builder Toolset, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations.

Site Builder reserves the right to refuse service to anyone at any time with or without notice for any reason.

Version Notice

YOU ACKNOWLEDGE THAT THE SITE, THE SERVICE AND THE SITE BUILDER TOOLSET ARE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS. While we shall do our best to ensure the Service and the Site Builder Toolset are always available we cannot guarantee it will be uninterrupted, always available or error free.

Links to Third Party Sites

The Site, the Site Builder Toolset and User Sites (including under Site Builder Subdomains) may contain links to third party web sites, including links to User Sites, third party text, video feeds (podcasts), offers, and software applications (including widgets) (collectively referred to as "Linked Sites"). The Linked Sites and third parties are not under the control of and/or owned by Site Builder and Site Builder is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Site Builder is not responsible for webcasting or any other form of transmission received from any Linked Site. The Linked Sites are the property of the respective third party and may be protected by applicable copyright or other intellectual property laws and treaties. Site Builder is providing these links to you only as a convenience and does not approve and assumes no responsibility for the content, security, functionality, or practices of these third parties. The inclusion of any link does not imply endorsement by Site Builder of the site or any association with its operators. You acknowledge and agree that Site Builder may disable your use of or remove any third party linked sites on Site Builder or a Site Builder Subdomain to the extent that they violate these Terms.

Similarly, the Site Builder Toolset may rely on external components provided by a third party to provide some level of functionality. This functionality may make a particular feature of the Site Builder Toolset dependent on the external component; or the Site Builder Toolset may be completely dependent on the external component for operation. In any case, Site Builder makes no warranties, claims, or provision for any third party components.

You are responsible for making any and all appropriate licensing arrangements with any third party external component providers that are represented on your Site Builder.

User Conduct

You agree that you are responsible for your own use of the Site, the Services and the Site Builder Toolset, for any User Sites you create or operate, for any posts you make and for any consequences thereof. You agree that you will use the Site, the Services and Site Builder Toolset and create and operate any User Sites in compliance with the rules set forth in these Terms (including without limitation the Content Policy set forth below), and all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all export control laws.

As a condition of your use of the Site, the Site Builder Toolset, and the Services, you warrant to Site Builder that you will not use the site, the Site Builder Toolset or the User Sites you create for any purpose that is unlawful, deceptive or otherwise prohibited by these Terms. You may not use the Site, Site Builder Toolset or the User Sites you create in any manner that could damage, disable, overburden, or impair the Site or the Site Builder Toolset or interfere with any other party's use and enjoyment of the Site or the Site Builder Toolset. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site or the Site Builder Toolset.

The Site or any User Sites you create may contain bulletin board services, chat areas, news groups, forums, communities, personal and commercial web pages, calendars, podcasts, and/or other message or communication facilities designed to enable you or others to communicate with the public at large or with a group (collectively, "Interactive Services"), you agree to use the Interactive Services only to post, send and receive messages and material that are appropriate and related to the particular Interactive Service and in accordance with the Site Builder Content Policy and these Terms and applicable law.

Much of the Interactive Services found on the Site and in User Sites is provided by, and is the responsibility of, the person or people who made the postings. Site Builder does not routinely monitor the Interactive Services or any User Sites and takes no responsibility for such content (including, without limitation, any viruses or other disabling features). Site Builder merely provides access to and hosts such content as a service to its customers. Site Builder does not endorse, support, represent or guarantee the truthfulness, accuracy, functionality, security, legality, quality or reliability of any communications or content posted via the Site or User Sites or endorse any opinions expressed via the Sites or any User Sites Site Builder Toolset. You acknowledge that any reliance on material posted via the Service will be at your own risk.

Although Site Builder is not obligated and does not routinely screen or monitor any user content or messages or any User Sites, it reserves the right at all times to do so and to remove, block access to or refuse to post, display or distribute any content or materials or any User Site for any reason or for no reason in its sole discretion. Site Builder reserves the right to terminate your access to the Site, the User Sites and any or all of the Interactive Services, and to remove or disable access to any User Sites or user content, at any time with at least 60 days’ advance written notice for any reason whatsoever (or for no reason).

Site Builder reserves the right at all times to disclose any information as necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms, (c) detect, prevent or otherwise address fraud, security or technical issues, (d) reply to user support requests or (e) protect the rights, property or safety of Site Builder, its users and the public.

Always use caution when giving out any personally identifying information about yourself or your children in any Interactive Service or on any User Site. Personal information provided in connection with any User Site is collected by the third party operating such User Site, and not Site Builder. The Site Builder Privacy Policy does not apply to, and we are not responsible in any manner for, any information you provide to third parties in connection with User Sites or how the third parties who operate such User Sites may use the personal information you provide to them. Such information is subject to the privacy practices of such User Site, and we encourage you to become familiar with their privacy practices before disclosing information directly to them. Site Builder does not control or endorse the content, messages or information found in any Interactive Service or User Site and, therefore, Site Builder specifically disclaims any liability with regard to the Interactive Services and any actions resulting from your participation in any Interactive Service or your use of any User Site. Managers and hosts are not authorized Site Builder spokespersons, and their views do not necessarily reflect those of Site Builder.

Content Policy

The Site and the Service is a service for businesses, organizations and individuals to create and grow a professional online presence. Site Builder respects your rights and does not wish to censor any text, images, data, information, photos, music video, graphics, messages or other items or materials ("Content") contains you may post on the Site or in any User Sites. However in order to allow the continued posting of a wide variety of content, Site Builder has establish rules that certain types of content are not to be hosted by Site Builder and/or created using the Site Builder Toolset as set forth in this policy (the "Content Policy"). Please note that these rules do not create any third party rights or create any private right of action, but may be enforced solely by Site Builder in its sole discretion. The decision by Site Builder not to take action to enforce these rules in a particular instance shall not be considered a waiver of any right to do so in the future or in other situations.

By using the Service, you agree that:

• You will use the service for its intended purpose of the creation and growth of a professional online presence.
• You may not upload, publish, post, distribute or disseminate any material that defames, abuses, harasses, stalks, threatens or otherwise violates the legal rights (such as rights of privacy and publicity) of others.
• You may not upload, publish, post, distribute or disseminate any content that is otherwise deemed as pornographic and/or obscene by Site Builder. This includes but is not limited to commercial pornography, pedophilia, incest, bestiality, child pornography, or anything similar that violates any applicable laws. Site Builder will report any evidence of child pornography along with all known user identification and information to the relevant law enforcement agencies. Users may not use the Site Builder Toolset to create sites containing content, such as pornography or violence, that is not generally thought to be appropriate for viewing by children (“Adult Content”) nor may they use Site Builder, the Service and/or the Site Builder Subdomains for hosting and/or distributing and/or publishing Adult Content, including the use of the service for Escort or Prostitution Services.
• You may not upload, publish, post, distribute or disseminate any material that promotes hatred towards groups based on race or ethnic origin, religion, disability, gender, age, and sexual orientation/gender identity.
• You may not upload, publish, post, distribute or disseminate any material that constitutes a direct threat of violence against any person or group of people.
• You may not upload, publish, post, distribute or disseminate any material that impersonates or is intended to impersonate others in a manner that is intended to mislead or does mislead or confuse others.
• You may not upload, publish, post, distribute or disseminate any third party files and or content that contain material, in any form, protected by intellectual property laws (or by rights of privacy and/or publicity) unless you own or control the rights thereto or have received all necessary consents. You may not post private individual or company information without the expressed permission of such parties.
• You may not knowingly violate the intellectual property rights of a third party on any user site.
• You may not upload, publish, post, distribute or disseminate any files that contain viruses, malware, malicious codes, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
• You may not use the Site Builder Toolset for the transmission of spam and/or any type of viral marketing, pyramid scheme and/or phishing scheme.
• You may not use affiliate links to third party sellers who have not approved you into their affiliate programs.
• You may not download, upload, publish, post, distribute or disseminate any file posted by another user of the Site Builder Toolset and Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• You may not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other content contained in a file that is uploaded, downloaded, published, posted, distributed or disseminated using the Site Builder Toolset.
• You may not use the Site Builder Toolset to harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• You may not upload, publish, post, distribute or disseminate any unauthorized private, confidential and personal information about others.
• You may not upload, publish, post, distribute or disseminate any material that is used for unlawful purposes or for the promotion of dangerous and illegal activities.

Site Builder takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Site Builder liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity or offensive Content you may encounter on the Site or in any User Sites. Your use of Interactive Areas and any User Sites is at your own risk. As a provider of interactive services, Site Builder is not liable for any statements, representations or Content provided by its users or other third parties. Although Site Builder has no obligation to screen, edit or monitor any of the Content posted by third parties, Site Builder reserves the right, and has absolute discretion, to remove, screen or edit any Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense. Violation of any part of the Content Policy may lead to immediate termination or suspension of your account and/or deletion of your Content and/or you may be reported to the appropriate authorities with or without notice to you.

If you post Content to the Site (including in a User Site), unless we indicate otherwise, you grant Site Builder and its affiliates a nonexclusive, royalty-free and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content solely for the purpose of hosting your User Sites and otherwise providing the Site and the Service and exercising the rights granted in these Terms. You represent and warrant that (a) you own and control all of the rights to the Content that you post or you otherwise have the right to post such Content to the Site; (b) the Content is accurate and not misleading; and (c) use and posting of the Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

Use and Storage

Materials uploaded to an Interactive Service may be subject to posted limitations on usage, reproduction and/or dissemination. Site Builder retains the right to create and/or change limits on use and storage at its sole discretion at any time with reasonable advance notice to you. You are responsible for adhering to such limitations. If a change in limits on use and storage materially reduces the Site’s functionality, you may terminate your use of the Site and receive a pro rata refund of prepaid fees.

You agree that Site Builder has no responsibility or liability for the deletion of or the failure to store or to transmit any Content or Interactive Service maintained by Site Builder and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.

Payment Generally

You are responsible for paying all fees and applicable taxes associated with the Services in a timely manner with a valid payment method. You authorize Site Builder to charge your credit card, charge card, debit card, PayPal, or financial institution account (herein "Payment Method") for all charges to your accounts with Site Builder. Your Payment Method will be charged the current fee for the Service on the last day of each month for the upcoming month. You agree that Site Builder may automatically charge the fee to your Payment Method at the beginning of each recurring period (or up to 30 days prior to expiry for domains).

In all instances, you acknowledge and agree that any credit card and related billing and payment information that you provide to Site Builder may be shared by Site Builder with companies who work on Site Builder's behalf, such as payment processors and/or credit agencies, solely for the purpose of checking credit, effecting payment to Site Builder and servicing your account. The terms of your payment will be based on your chosen Payment Method and may be determined by agreements between you and the financial institution providing such Payment Method. You agree to pay Site Builder all charges incurred under your account for Service in which you or anyone else who uses your account with your authorization (including children, family and friends) enroll in accordance with this Agreement and any applicable Premium Services policies. If your Payment Method fails or your account is past due, (a) you agree to pay all amounts due on your account upon demand, (b) Site Builder may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (c) Site Builder reserves the right to suspend your Services or your account with Site Builder or, with advance notice to you, delete your Website from Site Builder. Except as may be set forth herein, any fees charged to your account are non-refundable. Payments made are non-refundable. You agree to submit any disputes regarding any charge to your account in writing to Site Builder within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge. Refunds (if any) made pursuant to such dispute, are at the discretion of Site Builder.

Cancellation Policy

Your membership to our Premium Services will continue until you cancel your subscription. Cancellations will occur at the end of the agreed subscription period. Unless otherwise provided by our Money-Back Guarantee or these Terms, we provide no refunds for partial unused months. This cancellation policy applies to all Services. To cancel your Service, contact support at [e-mail].

Taxes

You are responsible for paying any governmental taxes imposed on your use of Site Builder, including, but not limited to, sales, use, or value added taxes. If requested, you will promptly furnish to Site Builder the applicable receipts and/or certificates regarding such remittances as soon as reasonably practicable. To the extent that Site Builder is obligated to collect such taxes, the applicable tax will be added to your billing account.

Domain Terms

Domain registration is brought to you through a partnership with Google Domains. Purchasing a domain through Site Builder means you agree to the Google Domain registration agreement. You are the legal owner of the domain registration. For more information on registrant rights and responsibilities, please view the ICANN 2009 Registrar Accreditation Agreement. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you agree to pay all such taxes, levies, or duties, excluding only United States (federal or state) taxes. We will make reasonable efforts to contact you before your registration period expires and provide you with the option to renew your domain registration. If we are unable to contact you using the information you provide, Site Builder shall not be liable for loss of the domain. Site Builder reserves the right to change its prices at any time. If you disagree with a proposed change in prices, you may terminate your use of the Site and receive a pro rata refund of prepaid fees.

You can not return or exchange your domain, all sales are final.

Professional Images Credits Terms

Site Builder provides users access to professional stock images through an integration with Fotolia.

Monitoring; Privacy

Site Builder reserves the right, but is not obligated, to monitor the use of its servers and related content within user accounts, whether published or unpublished, in the interests of security. You acknowledge that you have no expectation of privacy with respect to any such communications or postings, and you expressly consent to such monitoring.

By using the Site Builder Toolset and/or the Site Builder Web Site, you consent to any transfer of personal information, collected by Site Builder, outside your country for the purposes of storing the information where Site Builder and/or its agents maintain their facilities.

You are responsible for protecting and enforcing your rights in and to any Submissions of data, opinion, and representation to your website. No compensation will be paid with respect to the use of your Submission, as provided herein. Site Builder is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at the sole discretion of Site Builder.

Intellectual Property Rights

You acknowledge that Site Builder owns all right, title, and interest in and to the Site, the Site Builder Toolset and/or any content on the Site not posted by a Site Builder User and/or an acknowledged third party, including all intellectual property rights (the "Site Builder IP"). Site Builder IP is protected by United States of America intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Site Builder Web Site or Site Builder IP. You also agree that you will not use any robot, spider, other automated device or manual process to monitor or copy any content from the Site Builder Web Site or Site Builder IP.

Indemnification

You agree to hold harmless and indemnify Site Builder and its subsidiaries, affiliates, officers, agents and employees from and against any third party claim arising from or in any way related to your use of the Site Builder Toolset, the Service and/or Site Builder Web Site, including any liability or expense arising from all claims, losses, damages (actual or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature, except if caused by our negligence or willful misconduct.

Limited Warranty

SITE BUILDER DOES NOT WARRANT THAT THE SITE, THE SERVICE, THE SITE BUILDER TOOLSET OR ANY USER SITES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, THE SITE, THE SERVICES, AND THE SITE BUILDER TOOLSET ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Liability Disclaimer

THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE AND THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SITE BUILDER AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE OR ANY USER SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

SITE BUILDER AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, TIMELINESS, SAFETY AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON SITE OR ACCESSED THROUGH THE SERVICES FOR ANY PURPOSE. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, SITE BUILDER AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR PRO RATA REFUND OF PREPAID FEES OR BREACH OF WARRANTY, IN NO EVENT SHALL SITE BUILDER AND/OR ITS SUPPLIERS BE LIABLE FOR ANYINDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, THE SERVICES OR THE SITE BUILDER TOOLSET, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE OR THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SITE BUILDER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. EXCEPT FOR PRO RATA REFUND OF PREPAID FEES OR BREACH OF WARRANTY, IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, THE SERVICES OR THE SITE BUILDER TOOLSET, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, THE SERVICES AND THE SITE BUILDER TOOLSET.

Service Contact

[e-mail]

Termination/Access Restriction

Site Builder reserves the right, in its sole discretion, to terminate your account and your access to the Site, the Site Builder Toolset and the Services, or any portion thereof, and to remove or block access to any User Site or any User Content at any time with at least 60 days’ advance written notice for any reason (including without limitation for failure to update and maintain User Sites, unacceptable Content or for any violation of these Terms) or for no reason. If Site Builder terminates your account for any reason other than your failure to comply with these Terms, we will provide you with a pro rata refund of prepaid fees. Prior to termination, we will allow you to retrieve your account information and Content for a reasonable period.

Consent to Disclose Information

You acknowledge, consent and agree that Site Builder may access, preserve and disclose your account information (including your name and contact information) and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary or appropriate to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Site Builder, its users and the public. Please see our Privacy Policy for more information on how we may use and disclose your account information.

Governing Law and Jurisdiction

To the maximum extent permitted by law, this agreement is governed by the laws of the state of California and the United States of America, and you hereby consent to San Francisco county, California being the exclusive jurisdiction and venue of courts in all disputes arising out of or relating to the use of the Site Builder Toolset, the Site or the Service. Use of the Site Builder Toolset, the Site or the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Site Builder as a result of this agreement or use of the Site Builder Toolset.

The performance of Site Builder per this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the right to comply by Site Builder with governmental, court and law enforcement requests or requirements relating to your use of the Site Builder Toolset or information provided to or gathered by Site Builder with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Site Builder with respect to the Site Builder Toolset and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Site Builder with respect to the Site Builder Toolset.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

It is the express wish to the parties that this agreement and all related documents be drawn up in English.

If a translated (non-English) version of these Terms of Service conflicts in any way with its English version, the provisions of the English version shall prevail.

Copyright

All material on the Site and the Site Builder Toolset other than your Content are the proprietary property of Site Builder or its licensors or users and are protected by U.S. and international copyright laws. All rights not expressly granted in these terms are expressly reserved.

Trademark

SITE BUILDER, the Site Builder logo, SITE BUILDER, the Site Builder logo, and any other product or service name or slogan contained in the Site are trademarks of Site Builder and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Site Builder or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Site Builder", "Site Builder", or any other name, trademark or product or service name of Site Builder without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Site Builder and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Notices and Procedure for Making Claims of Copyright Infringement

If you believe that anything on the Site or the Service infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

Name of Agency Designated to Receive Notification of Claimed Infringement: Tech Support

Full Address of Designated Agent to Which Notification Should be Sent: Site Builder., 2574 15^th Avenue, San Francisco, CA 94127

E-Mail Address of Designated Agent: [e-mail]

To be effective, the notification must be a written communication that includes the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed 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 reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has 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
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Site Builder has adopted a policy of terminating, in appropriate circumstances and at the sole discretion of Site Builder, subscribers or account holders who are deemed to be repeat infringers. Site Builder may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Registration Data; Account Security

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Site Builder, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Site Builder resulting from your failure to adequately secure your password and identification.

We warrant that we will protect the confidentiality of your confidential and proprietary information. We use reasonable industry practices to safeguard your data, including implementing and maintaining appropriate administrative, physical and technical safeguards to secure your data and payment information from unauthorized access, alteration, loss, or use. With respect to your data, we comply with all applicable data protection laws, regulations, and industry standards