AGREEMENT TO TERMS
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
You represent and warrant that: (1) you agree to comply with Custom Website Express Terms; (2) you are at least eighteen (18) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the Custom Website Express Terms and to form a binding agreement; (3) you will not access the Site through automated or non-human means (e.g., a bot, script, or otherwise); and (4) you understand that Custom Website Express does not provide any legal advice.
You may be required to register and create an account (“User Account”) with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine that such username is inappropriate. You must provide accurate and complete information when registering your User Account and using the Site, to which you are the sole and exclusive rights holder. 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.
You represent and warrant that: (1) you own all rights in and to any content uploaded or provided by you, or imported, copied or uploaded by the Site 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; (2) you have (and will maintain) the full power, title, licenses, consents and authority to allow the Site 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; (3) the User Content is (and will continue to be) true, current, accurate, and non-infringing upon any third party rights; and (4) 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.
We do not assert ownership over your Content. You retain full ownership of all of your Content and any intellectual property rights or other proprietary rights associated with your Content. We are not liable for any statements or representations in your Content. You are solely responsible for your Content and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Content. We have the right to pre-screen, edit, redact, or otherwise change your Content.
You agree to: (1) comply with all applicable laws and any other contractual terms which govern your use of the Site (and any related interaction or transaction); (2) be solely responsible and liable with respect to any of the uses of the Site which occur under your User Account and/or Website(s), and for any of your User Content; (3) regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your Website(s); (4) receive from time to time promotional messages and materials from Custom Website Express or its partners, by mail, email or any other contact form you may provide us with. If you wish not to receive such promotional materials or notices – please notify us at any time; (5) allow Custom Website Express to use in perpetuity, worldwide and free of charge, any version of your Website(s) (or any part thereof) for any of Custom Website Express’ marketing and promotional activities, and modify it as reasonably required for such purposes, and you waive any claims against Custom Website Express 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; (6) Custom Website Express’ sole discretion as to the means, manner, and method for performing the Site; and (7) Custom Website Express’ right to offer the Site in alternative price plans and impose different restrictions as for the upload, storage, download and use of the Site 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.
You acknowledge and agree that your failure to abide by any of the prohibited activities above, 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.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that any questions, comments, suggestions, ideas, or other feedback regarding the Site (“Feedback”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of the Feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Feedback, and you hereby warrant that any such Feedback is original with you or that you have the right to submit such Feedback. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback.
If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney. All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include (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 on the Site are covered by the Notification, a representative list of such works on the 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 email 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 upon.
If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to our Copyright Agent using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.
Custom Website Express’ Copyright Agent can be reached at the following address:
Custom Website Express
PO Box 411
American Fork, UT 84003
Attn: Copyright Agent
THIRD PARTY SERVICES
The Site enables you to engage certain third party services, products and tools for enhancing your Website(s) and your overall user experience. 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 Site, offered separately by Custom Website Express or persons certified or authorized by Custom Website Express, or otherwise offered anywhere on the Site), Custom Website Express 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 Express 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 Express 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 Express may, at any time and at its sole discretion, suspend, disable access to or remove from your User Account, Website(s) and/or the Site, 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.
CUSTOM WEBSITE EXPRESS LOGO
As part of the Site, we enable you to enhance your brand by creating you a customized business logo (the “Custom Website Express Logo”). The Terms of Services apply to your use of Custom Website Express Logo, and are in addition to, and not in replacement of, the Custom Website Express Terms, unless explicitly stated otherwise.
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason, and/or cancel your access to any of the Site for any reason and/or change any of the Custom Website Express Terms with or without prior notice – at any time and in any manner. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. 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 cancel your User Account, continue to support your then-current Site without enabling such changes, or provide you with alternative Services.
The use of certain Site services may be subject to payment of particular fees in advance. (“Paid Services” and “Fee(s)”, respectively). We will provide notice of such Fees, when applicable. We reserve the right to change our Fees at any time. If a change in Fee will affect your current subscription, we will provide you notice of such change. If you received a discount or other promotional offer, we have the right to automatically and without notice renew your subscription to Paid Services at the full applicable Fee.
Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by us. To the extent permitted by law, Fees are exclusive of all taxes, levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of applicable Taxes relating to your use of the Site, or to any payments or purchases made by you. We may add Taxes to the payment of outstanding Fees if we are obligated to collect or pay Taxes for the Fees payable by you, whether or not such Taxes were added and collected from you for previous transactions. We are not responsible for any third party fees or costs. We recommend that you verify any third party fees or costs in connection with the purchase or renewal of Paid Services. You authorize us to request and collect payment (or take any other billing actions) from our payment provider or your designated banking account, and to validate your financial information in order to ensure prompt payment for Paid Services. You may keep a credit card stored with us to pay for Paid Services.
A fee of $59 per hour will be charged to the user if the user requires an update to be performed by our Help Desk. All fees must be paid prior to the update being performed.
To avoid any interruption or loss of services, certain Paid Services include an automatic renewal option by default. Such Paid Services will automatically renew at 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”). Where applicable, we will attempt to automatically charge you the applicable Fees using your stored credit card, within up-to two (2) weeks before such renewal period commences. If we are unsuccessful in collecting Fees owed by you, we may 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, we will attempt to provide you a notice prior to the renewal of such Paid Service at least thirty (30) days in advance of the renewal date.
You may cancel your Renewing Paid Services at any time via your User Account or by visiting Custom Website Express Help Center.
Certain domains are subject to a different renewal policy as detailed in the Domains Registration Agreement. You are responsible to verify and ensure the successful renewal of the Paid Services you use. You are also responsible for any discontinuation of any Site previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any Site not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against Custom Website Express in relation to the discontinuation of any Site or Third Party Services, for whatever reason.
If you are not satisfied with any of our services that are subject to a Fee, you may provide notice of cancellation for any such service, and receive a refund. The refund is applicable to only one month of services. The refund is not applicable to any additional purchases, upgrades, modification or renewals of the Site. If you reside in a jurisdiction which requires a longer refund period, we will accommodate such requirements in accordance with all applicable laws. If we receive such notice within such a refund period, we will refund to you the amount we charged you for such services, and cancel them accordingly. The refund amount may be different than the amount you were charged due to currency changes and third party fees. We are not responsible for any differences caused by change of currency exchange rates or third party fees. All other fees paid by you are non-refundable and non-cancelable. 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 charge the User who provided such notice for any service actually received, as permitted by law. Certain services purchased on or through the Site may be non-refundable. The terms of each purchased service or application are indicated on the Custom Website Express Website and are made available 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. We will not refund any amounts paid for non-refundable Paid Services, applications or Third Party Services.
In the event of a decline, chargeback or other rejection of a charge of any payable Fees on your Custom Website Express account (“Chargeback”), you will be considered to be in breach of your payment obligations hereunder, and your use of the Site may be automatically disabled or terminated. In the event of a Chargeback, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such a User Account, including any domains, applications and Third Party Services may be subject to cancellation and capacity loss. Your use of the Site may resume when you re-subscribe and pay any applicable Fees in full, including any fees and expenses incurred for each Chargeback received. Before filing a Chargeback or reversal of payment, please contact our Customer Support team if you have any questions or concerns regarding a payment made to Custom Website Express. This is to prevent your services from being cancelled and your User Account being blocked, and to avoid the filing of an 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 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.
You may request to cancel your User Account at any time, in accordance with the instructions available on the Site. The effective date and time for cancellation shall be the date and time on which you completed the cancellation process, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period. With respect to subscriptions to Renewing Paid Services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment. 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 Express Help Center.
We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. You are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
The Site includes 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. 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.
By using any of our E-Commerce features, you acknowledge, warrant and agree that: (1) you shall be solely and fully responsible for all Taxes and fees of any nature associated with your E-Commerce activities, 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; (2) any Taxes indicated by the E-Commerce features provided to you by Custom Website Express are solely provided for illustration purposes, and may not be relied on in any way; (3) you shall be responsible for procuring and delivering your User Products, and for providing them in a safe and professional manner, consistent with industry standards; (4) you are solely responsible for 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; (5) 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; and (6) Custom Website Express may, at any time, 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.
As part of the Site, Custom Website Express may provide video services (such as Custom Website Express Video or Custom Website Express 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. Without any limitation of liability, you shall fully indemnify, defend and hold Custom Website Express its officers, directors, shareholders, employees, affiliates and agents, harmless from any and all damages and costs, obligations, losses, liabilities debt and expenses (including attorneys’ fees), as accrued, that arise out of or are related to infringement and/or misuse of the patent pool under the MPEG-LA consortium. If your needs require a more inclusive plan than those regularly offered by us, please contact our support team at: support@Customwebsiteexpress.com.
If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the Site, please immediately report such User and/or Third Party Service to us via email at support@Customwebsiteexpress.com. You agree that your report shall not impose any responsibility or liability upon Custom Website Express, and that Custom Website Express 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.
GOVERNING LAW, DISPUTE RESOLUTION, & LEGAL JURISDICTION
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 Express shall only be resolved on an individual basis and you shall not have the right to bring any claim against Custom Website Express 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). The legal jurisdiction governing all aspects of the payment transaction between you and Custom Website Express will be the State of Utah, without respect to its conflict of laws principles, and any and all claims and disputes related to such payment transaction shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Provo, Utah.
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.