WEBSITES WITH EASE
Website Construction and Service Terms of Service Agreement
This Website Construction and Services Document is a legally binding agreement between you and Websites With Ease, a website construction and service company located in Los Angeles, California. This agreement governs your purchase and use of Websites With Ease’s services during and after the purchase process. The terms of this agreement will commence at the time that you submit payment for initial ordering of services from Websites With Ease.
Websites With Ease is a website design, hosting, and marketing company. For the remainder of this document, it will be referred to as WWE.
For the purposes of this agreement, “you” means you, your business, your employees, and anyone who has access to your WWE account.
By ordering a product from WWE, you certify that you have carefully reviewed this entire Terms of Service Agreement and that you agree to abide by the terms and conditions delineated in this agreement. When you use your account or permit someone else to use your account to purchase or otherwise acquire access to WWE services or to modify or cancel your WWE services, this agreement covers any such service or actions. This document constitutes the exclusive agreement between you and WWE concerning your use of our service. It supersedes and governs all prior proposals or agreements made by any of our representatives.
If you do not already have a registered domain name, we will register one for your website. If you already have a registered domain name, you may either transfer that name to our hosting or keep it with its present provider. For a domain that we purchase, we will automatically renew it annually for our cost, which is currently $15 per year. Should you subsequently cancel your service with us, we will revert custodianship of the domain name back to you after payment of any balance that may be due on your account.
If you wish us to register a new domain name for you, we will attempt to register the closest name possible to your requested name. We cannot guarantee that you will be able to register a desired domain name exactly as you wish. We will work with you to attempt to find a name that is acceptable to you. By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in connection with such registration, maintenance, or renewal are complete and accurate, and your contact information will be kept current; (b) the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not use the domain name in violation of any applicable laws or regulations or WWE’s rules or policies.
WWE will provide you with services in accordance with the information you provide to us. You agree to submit all content within ten business days after initial payment for WWE website design services. WWE will agree to a schedule of deadlines before commencing work on a project. Failure by you to provide content/information promptly will result in the project deadline being re-scheduled. You are solely responsible for the contents of your website and the consequences thereof. Proposed content that you send to WWE must be readable by Microsoft Word for Windows or Wordperfect for Windows.
You may provide images for your website. WWE will not alter the quality of the images or graphics, but will resize them to fit the chosen template layout. A maximum of six images or graphics will be allowed per website page, including the company logo. Additional photos and graphics will be charged as detailed on our Added Value Pricing page.
You agree not to use WWE or the website we create to send or post any messages or materials that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise constitute a criminal offense, give rise to civil liability, encourage conduct that could constitute a criminal offense, infringes on any third party’s intellectual property or privacy rights, or otherwise violate any applicable local, state, national or international laws or regulations. Should any of these acts happen, you agree to be solely liable for damages.
You agree not to rent, lease, or otherwise transfer your rights to any third party. You agree not to conduct, promote, or forward illegal contests, pyramid schemes, chain letters, or illegal marketing campaigns. You agree not to use spam. You agree not to publish, or link to any content, site, or material that is obscene, or which contains nudity or adult content. You agree not to distribute any material that contains viruses, worms, corrupted files, or that may be intended to damage another’s computer or to defeat another’s computer security. You agree not to distribute any material which constitutes “hate speech” directed against any individual or group. You agree not to distribute or link to any site promoting or distributing firearms, explosives, ammunition, liquor, tobacco, illegal gambling, food that does not comply with all applicable laws, illicit drugs, pirated or stolen property, goods which are misrepresented or fraudulent, or any goods or services that infringe on another’s copyright, patent, or trademark rights. WWE reserves the right to terminate the account if WWE becomes aware and determines, in its sole discretion, that you are violating any of the foregoing guidelines.
WWE will host your website on an extremely reliable dedicated server that is backed up daily. Nevertheless, we recommend that you also keep a copy of your most current website text and images, in case of unforeseen problems.
Upon completion of website construction, WWE will send a link via email of the address (URL) that will show the latest updates of your website for your review and comments. If the you do not notify us through a phone call or email for any changes to be made within the agreed terms within five days after the notification was sent, the website design will be launched permanently using your selected domain name.
Website Text Editing Instruction
After the launching of your website and upon your request, WWE will provide one hour of personal instruction for you, so that you may edit the text of your website yourself at any time. You agree not to give this editing access to any third party. It is for your personal use only. We do not provide full administrative access to your website.
Billable and Non-Billable Requests for Revisions
We understand that you may request significant design changes to pages that have already been built according to earlier specifications. To that end, the scope of acceptable revision requests does not include provisions for “significant page modifications” or creation of additional pages in excess of the agreed maximum pages without additional charges.
If significant page modification is requested after a page has been built to your specification, you will be notified, before revision, if it will be considered a billable request.
Fees, Payment and Terms of Service
You agree to pay WWE for your original website design and a monthly fee for website hosting and customer service. The one-time fee for your standard website construction is $89. The features included in that package are listed on the Pricing page. If you request any added value features to your website, as listed on the Added Value page, the listed price of each additional feature will be added to your initial purchase. If for some reason we are unable to accommodate a request for an added value feature, we will inform you as soon as we are aware.
The monthly fee for website hosting and customer service will be $14.95, billed to your credit card automatically on the first of each month. The fee for your first month will be prorated based on the number of days left in that month after your website is posted on the Internet.
You agree to provide us with current billing and contact information and you authorize WWE to bill all accounts and related charges to your credit card on file.
You agree to notify WWE via email or fax of any change in credit card details. If the credit card is denied for any reason on the first attempt, WWE will automatically attempt to resubmit such card within three (3) business days of the original attempt. Should the card be denied again, you agree to provide immediate alternative payment arrangements, or WWE may terminate the account. All files within the account may be deleted on termination.
You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts to the extent allowed by law.
Should you fail to pay any fees on the date due for payments WWE may suspend access to any or all of the services of WWE, or terminate your account without incurring any liability whatsoever arising from the discontinuance of services.
You agree to provide certain true, current, complete and accurate information about you and about your company as required by the application process. You also agree to maintain and update according to our modification procedures the information you provided to us when purchasing our services so it is kept current, complete and accurate.
WWE does not tolerate the transmission of spam. If we determine that our services are being used in association with spam, we will cancel without notice all services in your account. You agree to shoulder any penalties and any legal expenses incurred by WWE should any occur due to your spamming.
You agree that your exclusive remedy, and our entire liability with respect to WWE services or breach of this agreement, is limited to the amount you paid for WWE services from ninety days prior to any incident resulting in a claim until the time of settlement of the claim. You further agree that any claim related to this agreement or any of WWE services must be filed within one year after the cause of action or such claim will be forever barred.
You represent and warrant that all of the following are true and correct:
* You and all users of your account are over the age of eighteen.
* You have the legal authority to enter into a contract for your business organization.
* You will not use any WWE product for any unlawful purpose.
* All information provided by you for your website and for your account are accurate.
* You have all necessary licenses to sell the services or products offered on your website
* Any products or services offered by you are legal.
* You have legal control of all content and images located on your website, and of all products and services offered on your website.
* You will notify WWE via email within three days of your receiving any notice or claim regarding the legality of aspects of your website or your offered services or products.
WWE will perform the services required under this agreement and as delineated on our website. Except as specifically described in this agreement, WWE does not offer any warranty on services.
If you order Adwords Pay Per Click set up, your account activity and cost will vary based on parameters such as audience, demands for your services, and/or products, location and the population of the area you are advertising in. We cannot pre-determine your optimal PPC cost. Since Adwords bidding is competitive, WWE may decline to set up an Adwords account for you in an area where one of our clients already has an account set up.
You are free to cancel your service at any time. To cancel, send us a request using the Contact Us page of our website. If you do not receive an email reply as Proof of Cancellation within three days, please contact us again to make sure we have received your communication. If we receive your cancellation by the 15th of the month, your service and billing will terminate at the end of that month. If we receive it after the 15th of the month, your account will terminate at the end of the following month. You agree not to transfer your website to another hosting company.
If any provision of this agreement is held to be unenforceable, in whole or in part, the parts deemed unenforceable shall not affect the validity of the others, unless WWE, in good faith, deems the unenforceable provision to be essential, in which case WWE will have the right to terminate this agreement.
You may not transfer or subcontract your website, account, or services, in whole or in part, without WWE’s prior written consent. Such consent may be conditioned, delayed, or denied according to WWE’s discretion.
No modification or waiver of the elements of this agreement will be valid unless requested in writing by you and approved in writing by an authorized representative of WWE. If any portion of this agreement is delayed or not enforced by either party, it will not be deemed as a waiver or modification of any of the obligations of this agreement.
This agreement shall be interpreted and construed in accordance with the laws of the State of California. The parties agree that all disputes arising out of this agreement shall be brought only in the courts located in or for Los Angeles, California.
The purpose of WWE is to provide space for websites. You agree not to use our server as a storage space for unrelated electronic files. Accounts that are found to be storing files not used for the purpose of the accounts’ website may be warned, suspended, or cancelled at the discretion of WWE.
You agree that WWE has the right to modify this agreement at any time without notice. You agree to regularly monitor this agreement. Your continued use of WWE services constitutes an acceptance of any changes.
Your use of the service is at your sole risk. WWE is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data.
Copyright and Trademarks
WWE will use content approved by you for your website. All images and text that you provide will remain your property. You guarantee that all text, images, and other content that you provide are either owned by you or that you have permission for use. Should any claim arise from your use of contested content, you agree to hold harmless, protect and defend WWE from any claim or suit arising from that use.
You may terminate your relationship with WWE at any time, for any reason. WWE may terminate your account should you break any term or condition of this agreement or should you fail to comply with your payment obligations under this agreement. WWE has proprietary rights for each of our website designs, and each is copyrighted. Your website will not be available for transfer nor for your ownership.
By confirming an order by phone, or giving us your credit card information, you indicate that you have read and understood this agreement and that you are bound by these terms and conditions. You also warrant that you are empowered to enter into this agreement on behalf of your organization or business.