Terms

Terms of Service & Conditions

These are the standard Terms of Service & Conditions that are agreed to between websitesforu.net and the customer (“you” or “your” or “Company”). By signing and/or agreeing to (when purchasing a subscription plan) the Terms of Service & Conditions Agreement and/or paying on a month-to-month for one of websitesforu.net’s subscription plans for a website or other services, customer agrees that it has carefully read and agrees to these Terms of Service & Conditions.

websitesforu.net offers several different subscription plans, so some of the terms outlined may or may not apply to customer’s selection. These Terms of Service & Conditions pertain to websitesforu.net’s month-to-month subscription plan and website hosting services. If the customer has any other service with websitesforu.net the customer must to refer to the agreement customer was provided upon initiating that service.

1) Definitions

  1. Subscription Plans : Subscription plan chosen for a website and hosting of site may or may not include other services depending on the plan customer selected.
    1. Themes or Design : Represents the design choices we provide for your website to be designed from. Once you choose a design, pay for services, and work has begun on the build of the site, you cannot choose a different theme. If you wanted to choose a different theme or design at that time a service charge would be incurred by customer based on the setup fee for the particular subscription plan you chose. No refund of the original setup fee will be given since work has already begun on the first design choice. Theme/design are for referernce only and websitesforu.net does not guarantee the chosen design will be an exact match as well it will not be an exact match which is to differntiate your website from the chosen theme/design. Themes/designs may or may not be owned or operated by websitesforu.net and are only used as a visual reference to customer to provide a point of reference to aid in choosing a reference for their website appearance.
  2. SEO: An acronym for Search Engine Optimization, is the process of affecting the visibility of a website or a web page in a search engine’s “natural” or un-paid (“organic”) search results.

2) Scope and Manner of Services

  1. Subscription plan Included Services. websitesforu.net is providing customer the monthly website subscription plan, which you agreed to at the time you provided your payment information and agreed to a payment plan for said service. For a complete list of a services included in the subscription plan, refer to websitesforu.net's Pricing page for the plan customer selected (section 1.1). Additional services or website functionality that is not listed at are subject to additional fees.
  2. Subscription plans and website development. websitesforu.net will develop your website to include the services as outlined in the websitesforu.net Questionnaire that was filled out with you by a websitesforu.net representative and/or listed for your specific subscription plan as selected by customer per Section 2.1. Custom technical functions beyond what is listed may incur additional charges. You acknowledge that websitesforu.net reserves the right to charge extra costs for functionality or edits beyond those in the list of services. websitesforu.net will provide you a cost estimate of any extra charges. websitesforu.net, in good faith, applies industry standards to any and all estimates and reserves the right to define services that are beyond those listed on the websitesforu.net subscription plan to customer per Section 2.1.
  3. Website Maintenance and Updates. websitesforu.net will host and make routine updates to your public website, limited to specific monthly allowance hours and a maximum of 2 requests per month. Requests must be submitted via email to websitesforu.net and each email is considered a separate request. For specific monthly allowance hours, refer to the plan customer selected per section 2.1. Monthly allowance hours expire each month and do not roll over to the subsequent month or accumulate. Updates to customer website(s) are limited to changing text content, replacing or removing images. Changes to technical functionality, background or design images or implementation of any new or otherwise non-existent functionality or layout are not included with typical maintenance and require a separate quote and agreement withstanding and not included within this Terms of Service & Conditions. Any and all time that is beyond the monthly allotment of maintenance hours is billed at a rate as quoted by websitesforu.net, and charged to the billing information on file.
  4. Additional Fees. You agree to be responsible for any fee and payment terms that are described herein, during the initial registration process for services, and/or subsequently agreed to or requested by you. Any service fees are exclusive of any sales or other taxes (other than taxes that we are responsible for by providing such services.)
  5. The subscription plan is not SEO. You acknowledge that there are no performance guarantees within any search engine for services performed as only the individual search engine providers can guarantee results. Customer understands that websitesforu.net makes no guarantee of website performance within any search engine; specifically, Google. The subscription plan does not include ongoing search engine optimization (SEO) services that are necessary for search result rank improvement. A subscription plan is a website & hosting, not SEO.

3) Term and Termination

The term of this Terms of Service & Conditions is effective as of the date you registered for the Service and shall remain in full force and effect until terminated by either party in accordance with this Section.

  1. Termination by You. You may terminate this Terms of Service & Conditions at any time for any reason, and the customer website subscribed to and designed by websitesforu.net will immediately be taken offline from the internet.
  2. Termination by websitesforu.net. websitesforu.net reserves the right to terminate service at any time. Prior to termination of service, websitesforu.net may provide notice of termination thirty (30) days in advance via the email address you provided.
  3. Payment of Fees Cease Upon Termination. Upon termination of your relationship with websitesforu.net pursuant to this section (Section 3), you shall immediately cease subscription plan monthly payments. Upon termination of this Terms of Service & Conditions pursuant to Section 3, any portion of fees owed but not yet paid to websitesforu.net shall become due and payable to websitesforu.net and will be automatically charged to your billing account on file.
  4. Month to Month. The subscription plan is a month-to-month service, your subscription payment is paid at the beginning of each month’s service.
  5. Termination Notice. All service terminations can be done via email to websitesforu.net. Contact websitesforu.net at support@websitesforu.net
  6. Refunds and Proration. If customer requests a to terminate plan and requests a refund before the customer's initial home page design is finished (excluding finished text and images), presented, and approved by the customer we will refund your setup fee amount and 1 month recurring amount. After customer approval of home page all payments are final for all websitesforu.net services. There are no prorated payments. Terminating a subscription plan service, ends that service on that date the termination was given to and processed by websitesforu.net.
  7. Your Approval and Communication with websitesforu.net. Your approval is necessary during the website build and again upon release of the final website. websitesforu.net will continue to bill month-to-month for your subscription plan regardless, even if you do not communicate to websitesforu.net. Customers are required to communicate promptly with websitesforu.net to ensure delivery of your website.

4) Use of the Service & Ownership

  1. Limited Licensed Ownership . Customer is the limited licensed owner of the subscription plan website files and code, limited only to usage on a websitesforu.net hosting server. Otherwise any duplication or likeness in any other form of publication is expressly prohibited and considered a breach in agreement.
  2. Website Development and Transfer Fee. If you were to breach the agreement and / or violate the limited license, you are subject to the Website Development and Transfer Fee of $1000.00. Additionally, you are subject to $3999.00 minus any amount paid to websitesforu.net that results in an amount equal to or greater than $0.00. Customer is also subject to any legal or technical fees that may apply to remedy the license violation.
  3. Website Content. All website text content and imagery is owned by the customer. Customer states that it has obtained permission to use any third-party trademarks or logos and the usage of them upon the website as provided by customer does not in any way imply any license, approval or other relationship of any kind by websitesforu.net.
  4. Trademarks and Logos. The appearance of any third-party trademarks as provided by you does not in any way imply any connection, license, approval or other relationship of any kind by websitesforu.net. The trademarks, service marks, logos, and any designs used or displayed on the Service are not trademarks and/or service marks owned by websitesforu.net or its licensors. Nothing in this Terms of Service & Conditions shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our trademarks displayed on the website without each party’s prior written consent in each instance. Customer shall be responsible for timely notifying websitesforu.net of any copyright, legal notices or disclaimers that customer requires to be included in the service or website.
  5. Usage Restrictions. You shall not copy, prepare derivative works, decompile or reverse engineer the website without the expressed written approval of websitesforu.net. Your use of websitesforu.net’s subscription plan is limited solely to those rights granted in this section (Section 4). You will not remove any trademark, copyright, or other proprietary rights notices which appears on the Service. In addition, you agree not to use websitesforu.net’s services for any unlawful or fraudulent purpose including, but not limited to: (a) impersonating any person or entity or (b) harvesting or collecting any personal information in violation of applicable law.
  6. License to Content. You hereby grant websitesforu.net a limited, non-exclusive, worldwide, paid-up, royalty-free, transferable (in the event of a sale or other change of control of websitesforu.net’s business), perpetual, irrevocable right and license to use, copy, publish, distribute, syndicate, reformat and update (for example, to improve accuracy and/or standardize formats) any and all listing content, special offer content and other content that you provide in connection with the use of the website. websitesforu.net may sub-license this right to any entity and other online partners. This license expires at the termination of this Service Agreement.
  7. Domain. websitesforu.net can, upon request by you, purchase the domain a.k.a. URL used for the website address. If you are current in your billing and otherwise in good standing with websitesforu.net, websitesforu.net will willingly transfer the domain to you at any time upon request at no additional cost. If you are in breach of contract or owe outstanding payment to websitesforu.net, websitesforu.net reserves the right to keep any and all domains a.k.a. URLs as purchased and already owned by websitesforu.net.
  8. Intellectual Property. This Agreement does not transfer from to you any websitesforu.net intellectual property, and all right, title and interest in and to such property will remain (as between you and websitesforu.net) solely with websitesforu.net. websitesforu.net, the websitesforu.net logo, and all other trademarks, service marks, graphics, slogans and logos used to identify websitesforu.net, the subscription plan are trademarks or registered trademarks of websitesforu.net or websitesforu.net’s licensors. Other trademarks, service marks, graphics, slogans and logos used on the subscription plan may be the trademarks of other third parties. Your use of the subscription plan grants you no right or license to reproduce or otherwise use any subscription plan or third-party trademarks. All trademarks and trade names are the property of their respective owners. websitesforu.net reserves the right to remove any Content or Third Party Materials that breach this Agreement.

5) Marketing Materials Acknowledgement

You explicitly authorize websitesforu.net to use your website or likenesses of your website that was designed by websitesforu.net in any websitesforu.net marketing materials including portfolios presented to potential clients.

6) Approval of Changes to Website

  1. Update Approval. websitesforu.net will send via email a notification of new or updated website content to the email address you provided. You will have two (2) business days from the email receipt date to notify websitesforu.net if changes are required, otherwise websitesforu.net will close out customer’s edit request as approved.
  2. Update Requests. If you request any changes to your website, including new or updated content, websitesforu.net will make the requested changes as requested. Updates are published directly online to the live website. websitesforu.net will notify you when the change is made, but no mock-ups or drafts will be provided for approval. Your request for the change is your approval. If the change contains any error or mistake, you must immediately, but no later than two (2) business days after the notice of the changes, notify websitesforu.net of the error or mistake. Regardless, websitesforu.net is not responsible for any damages caused by any edit request mistake or typo, including loss of revenue or sales.

7) Updates or Website Changes

  1. Website Updates. Updates or edits to the website are explained in detail in Section 2. All requested updates from you must be submitted by email to websitesforu.net at support@websitesforu.net & may be subject to fees per Section 2.
  2. Monthly Update Allotment. The monthly allotment of hours dedicated to maintenance is pursuant to Section 2 above. Unused hours expire each month.
  3. Update Prioritization. websitesforu.net reserves the right to prioritize your update/change request, but will generally complete it within five (5) business days.

8) Changes to the Service and Prices

  1. websitesforu.net reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the subscription plan (or any part thereof).
  2. Prices of all services, including but not limited to monthly subscription plan fees to the service, are subject to change upon thirty (30) days email notice from websitesforu.net.
  3. websitesforu.net shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service after notice has been provided as provided within this Section.

9) Hosting

  1. websitesforu.net will provide web hosting for customer or entity website(s) based on the payment for the plan: Standard Plan and Professional Plan
  2. websitesforu.net reserves the right to refuse service and /or access to its servers to anyone. websitesforu.net does not allow any of the following content to be stored on its servers:
    1. Illegal Material – Including copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.
    2. Miscellaneous content – Including pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, etc. and encrypting of any of the above. Also includes any sites providing “links to” or “how to” information about such material.
  3. Web hosting companies occasionally implement changes on servers which may require minor adjustments to your website code by websitesforu.net. Occasional “down-time” or other problems requiring the assistance of websitesforu.net may also occur. These changes may, at the discretion of websitesforu.net, be billed at websitesforu.net’s current hourly rate, as quoted by websitesforu.net.
  4. websitesforu.net shall not be responsible for any loss of business or other damages resulting from “down-time” or other technical problems related to the host server, whether caused by the web hosting company or by broader internet problems beyond our control.
  5. Hosting customers are limited to a maximum storage/disk space amount including email accounts and the website files, and limited to a monthly bandwidth amount. Customer requiring higher disk space and/or bandwidth limits, are subject to additional fees as quoted by websitesforu.net. Limits are defined by the Customers plan with websitesforu.net:
    1. AIO plans are limited to up to 1.5 gigabytes disk space (storage space) and 9 gigabytes bandwidth per month.

10) Protection of Proprietary Rights

  1. Definition of Confidential Information: “Confidential Information” as used in this Terms of Service & Conditions shall mean any and all technical and non-technical information including patent, copyright, trade secret, and proprietary information, techniques, sketches, drawings, models, inventions, know-how, processes, apparatus, equipment, algorithms, software programs, software source documents, computer files and models, and formula related to the past, current, future and proposed products and services of your company, suppliers and customers, and includes, without limitation, innovations, property, and information concerning research, experimental work, development, design details and specifications, engineering, financial information, procurement requirements, purchasing manufacturing, customer lists, business forecasts, sales and merchandising and marketing plans and information.
  2. Confidential Information – Exclusions: websitesforu.net’s obligations with respect to any Confidential Information shall not apply to any such portion which websitesforu.net can demonstrate, (a) was in the public domain at or subsequent to the time such portion was communicated to websitesforu.net by you through no fault of websitesforu.net; (b) was rightfully in websitesforu.net’s possession free of any obligation of confidence at or subsequent to the time such portion was communicated to websitesforu.net by you; or (c) was developed by websitesforu.net independently of and without reference to any information communicated to websitesforu.net by you. A disclosure of Confidential Information by websitesforu.net, either (i) in response to a valid order by a court or other governmental body, (ii) otherwise required by law, or (iii) necessary to establish the rights of either party under this Terms of Service & Conditions, shall not be considered to be a breach of this Terms of Service & Conditions or a waiver of confidentiality for other purposes; provided, however, that websitesforu.net shall provide prompt prior written notice thereof to you to enable you to seek a protective order or otherwise prevent such disclosure.

11) Warranty By You As To Ownership Of Intellectual Property Rights

You must obtain all necessary permissions and authorities in respect of the use of all copy, logos, graphic images, registered company logos, names and trademarks, or any other material that you supply to us to include in your website or web applications. You must indemnify us and hold websitesforu.net harmless from any claims or legal actions related to the content of your website.

12) Billing Period

  1. Terms. All subscriptions are month to month and billed on or near the same calendar day each month as the effective date. The effective date is the same calendar day that your subscription was initiated. For purpose of clarity and by example, if your subscription was initiated on the 15th of the month, then your account on file will be billed the 15th day of the subsequent month. Should the billing date fall on a weekend or is not a calendar day in the following month (e.g. the 31st), then your account will be billed either the proceeding or subsequent business day. You are billed in advance of the following month of service. If for whatever reason your account is not billed and payment is not made, and/or outstanding subscription payments are owed to websitesforu.net, for two consecutive months or billing cycles; websitesforu.net will suspend your account and remove your website from public view (go offline) until all outstanding subscriptions payments are current. websitesforu.net reserves the right to change the term of future Billing Periods at any time by providing you at least thirty (30) days advance written notice.
  2. Suspended subscription plan Accounts and Websites. If your account and website are suspended due to an overdue billing issue, you are required to make full payment for the total amount owed and then your website will go back online (for public view). If not paid, your account debt may be sold and turned over to a third party debt collections agency.

13) Disclaimer and Limitation of Liability.

THE SERVICE AND ANY OTHER SERVICES PROVIDED BY websitesforu.net IN CONNECTION WITH THIS AGREEMENT ARE SUPPLIED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT UNDER APPLICABLE LAW, websitesforu.net MAKES NO, WARRANTIES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF ABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT OR ANY OTHER LAWS FROM ANY JURISDICTION GOVERNING WEBSITE ACCESSIBILITY, GUARANTEES, AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, ORAL OR OTHERWISE. websitesforu.net’S WEBSITES, DATABASES AND/OR THIRD PARTY PROGRAMS CONTAINED WITHIN THE SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS, AND/OR OTHER LIMITATIONS. websitesforu.net SHALL HAVE NO LIABILITY WHATSOEVER TO YOU OR ANY THIRD PARTY FOR ANY OTHER PARTY’S SECURITY METHODS AND PRIVACY PROTECTION PROCEDURES AND/OR ANY PARTY’S USE OF, OR INABILITY TO USE, websitesforu.net’S WEBSITES, DATABASES AND/OR PROGRAMS. websitesforu.net DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, THAT ANY OTHER PARTY’S SECURITY METHODS, PRIVACY PROTECTION PROCEDURES AND/OR ANY PARTY’S USE OF websitesforu.net’S WEBSITE, DATABASES AND/OR PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE. IN NO EVENT SHALL websitesforu.net OR ANY OF websitesforu.net’S WEBSITE DESIGN & DEVELOPMENT, SEO, AND BUSINESS LISTINGS BE RESPONSIBLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR INDIRECT DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOST REVENUE OR PROFITS, EVEN IF websitesforu.net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. websitesforu.net WILL NOT BE LIABLE, OR CONSIDERED IN BREACH OF THE AGREEMENT ON ACCOUNT OF A DELAY OR FAILURE TO PERFORM UNDER THE AGREEMENT, AS A RESULT OF CAUSES OR CONDITIONS THAT ARE WITHIN OR BEYOND websitesforu.net’S CONTROL. IN ADDITION, AND NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, websitesforu.net’S LIABILITY UNDER ANY CAUSE OF ACTION ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT OR OTHERWISE SHALL BE LIMITED TO $500. TO THE EXTENT ANY LIABILITY OF websitesforu.net CANNOT BE DISCLAIMED, EXCLUDED OR LIMITED UNDER APPLICABLE LAW, SUCH LIABILITY SHALL BE DISCLAIMED, EXCLUDED AND LIMITED TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

14) Arbitration Clause

All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the State of Arizona through the American Arbitration Association, or other forum mutually agreed to by the parties. An award of arbitration may be confirmed in a court of competent jurisdiction. The prevailing party in any dispute resolved by binding arbitration or litigation shall be entitled to recover its attorneys’ fees and costs.

15) Indemnification

Customer will defend, indemnify, and hold harmless websitesforu.net, including respective websitesforu.net affiliates, and respective officers, directors, members, managers, employees, sub-licensees, and agents (collectively, “Indemnified Parties”) from and against any and all claims, actions, losses, liability, damages, fines, costs, and expenses (including attorney’s fees and expenses) arising from or related to: (a) any breach of the Agreement (including, but not limited to, any representations and warranties made herein); (b) any violation of or compliance with any law or regulation, arising from or in connection with company’s participation in the website service; (c) any allegation arising from or relating to any listings or other content provided by company, including, but not limited to, any allegation that any listings content or other content provided by or on behalf of company infringes or otherwise violates any trademark, trade name, service mark, copyright, license, trade secret, right of privacy or publicity or other intellectual property or proprietary right of any third party, constitutes false advertising, is defamatory and/or is in violation of any law or regulation; (d) noncompliance with the Americans with Disabilities Act or any other laws from any jurisdiction governing website accessibility; (e) any claim by any third party related to company or company’s products or services; and/or (f) any third party dispute with company, any injury suffered by a third party at company’s place of business or any other related issue.

16) Representations and Warranties

You represent, warrant, and covenant that at all times during the term of this Agreement:

(a) You have the full power and authority to act on behalf of your company or entity and to bind you to this Agreement;

(b) You have the full power and authority to conduct your business, to enter into this Agreement, and to perform your obligations under this Agreement;

(c) Your execution, delivery, and performance of this Agreement will not conflict with or violate: (i) any provision of law, rule or regulation to which you is subject; (ii) any order, judgment or decree applicable to you ; (iii) any provision of your organizational documents; or (iv) any agreement or other instrument applicable to you; and

(d) You and company website will comply with all applicable federal, state and local laws, rules, regulations, court orders, judgments and decrees of any applicable jurisdiction.

17) General Provisions

  1. All notices to websitesforu.net shall be sent to support@websitesforu.net, attention: Subscribers/Customers. Any notices to customer shall be satisfied by sending an email to the email address specified in your email listed with websitesforu.net and shall be deemed received when sent.
  2. cCustomer participation in the subscription plan and any other websitesforu.net service shall be subject to all applicable policies as set forth by websitesforu.net in this Terms of Service & Conditions. These Terms of Service & Conditions may be modified by websitesforu.net at any time without notice. These Terms of Service & Conditions can be found on websitesforu.net’s websites. You should review the Terms of Service & Conditions regularly. By customer’s continued participation in a websitesforu.net Service, it agrees to all of the associated provisions contained within these Terms of Service & Conditions effective at that time.
  3. Customer agrees, acknowledges, and warrants that websitesforu.net accepts no responsibility for (a) the legality of recording, monitoring, storing, and/or divulging telephone calls and (b) the legality of the language used in the recorded notification as these services and content pertain to federal, state, and local laws. Customer agrees, acknowledges, and warrants by using the Services that customer has reviewed the legality of recording, monitoring, storing, and divulging telephone calls, and that customer and websitesforu.net are permitted to engage in those activities, and that customer shall use the Services in compliance with federal, state, and local laws.

18) Governing Law

The Service Agreement and these Terms of Service & Conditions shall be governed in all respects by the laws of the State of Arizona. Each of the parties irrevocably consents to the exclusive personal jurisdiction of the courts located in Arizona, except that in actions seeking to enforce any order or any judgment of such courts located in Arizona, such personal jurisdiction shall be nonexclusive.

19) Severability

If any provision of the Service Agreement or Terms of Service & Conditions is held by a court of law to be illegal, invalid, or unenforceable, (a) that provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and (b) the legality, validity, and enforceability of the remaining provisions of the Service Agreement or these Terms of Service & Conditions shall not be affected or impaired thereby.

20) Waiver Modification

No waiver, alteration, or modification of any of the terms of the Service Agreement or these Terms of Service & Conditions shall be valid unless in writing and signed by the parties.

21) Survival

The definitions contained herein and the rights and obligations contained in Sections 10 (“Protection of Proprietary Rights”), 13 (“Disclaimer and Limitation of Liability), 14 (“Arbitration Clause”), 15 (“Indemnification”), and 17 (“General Provisions”); and Section 4 of the Service Agreement, will survive any termination or expiration of the Service Agreement or Terms of Service & Conditions.

22) Locale

Any action whatsoever brought upon or relating to any services provided by websitesforu.net including but not limited to a website, shall be instituted and prosecuted in the state courts located in Maricopa County, AZ, or the federal district court therefore, and each party waives the right to change the setting. The parties further consent to accept service of process in any such action or proceeding by certified mail, return receipt requested.

23) Terms of Service & Conditions Changes

webstitesforu.net can,at any time, and at our sole discretion, change these Terms of Service & Conditions of Use, including our Privacy Policy, with or without notice to the user. Any modification will be effective immediately upon public posting. Your continued use of our subscription plan and our website after any such modification represents your acceptance of these changes to the Terms and Conditions..