WebsiteBuilder.com Terms and Conditions


These are the terms you agree to when you use WebsiteBuilder. They explain (i) what’s allowed when using our Services; (ii) the rights you have as a user of our Services; (iii) the rights WebsiteBuilder has if you do something which is not allowed when using our Services; and (iv) many other important terms. This is a legal contract between you and WebsiteBuilder and it is important that you read it carefully. If there is anything you do not understand in this Agreement, please contact us.

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Eligibility, Registration and Account Security

Eligibility and Registration: This section describes the eligibility criteria we require from all of our users. When you register to use our Services, we need to make sure that you are able to legally contract with WebsiteBuilder, for example, you are old enough and not a person, or in a country, subject to sanctions which WebsiteBuilder is prohibited from contracting with.

Changes to the Terms and Services

We always want to deliver the best to our customers and must comply with law. This means that we might, every so often, need to make changes to our Services or this Agreement. Unless the change is required immediately for legal or security reasons, we will provide you with prior notice of the change and, if the change adversely impacts you, you will have a right to terminate the Services following the change.

Your License and Your Use of the Services

In exchange for the various rights WebsiteBuilder grants you under this Agreement, there are certain things we require from you and certain obligations and restrictions we need you to comply with. Most importantly, you need to sign up for a service plan to use our Services. Our plans have certain limitations you should be aware of that are further described at Our Services & Prices.

We also need to prohibit certain activities which could affect our other users or which are unlawful. You are required to use the Services in accordance with our Acceptable Use Policy.

Support

We provide 24/7 technical support by email, and 24 hour billing support by phone. You can purchase priority support to ensure your response is prioritized.

Term and Automatic Renewal

Our service plans are all for a fixed period of time (e.g. 1 month, 12 months or 24 months) unless otherwise expressly provided. To ensure your Services are uninterrupted, these terms will automatically renew 15 days before the end of your current service plan to ensure that your website does not get inadvertently shut off. This section explains this process in more detail.

Pricing, Billing and Payment

WebsiteBuilder offers a great range of service plans providing Services to suit everyone’s needs and at prices to suit everyone’s pockets. The service charges you pay are based on the service plan you choose and any additional services you order. All payments are taken, in advance, for the full term of your service plan (e.g., monthly, 12 or 24 months).

Cancellation and Termination

Even though we do not want you to, we know that one day you might want to leave WebsiteBuilder. You can cancel your account at any time by following the process described here and receive a pro-rata refund of fees paid for your remaining service term for the website builder only. We are unable to refund fees for additional services where you terminate without cause. If your use of the Services is in breach of key terms of this Agreement or would be detrimental to our servers or networks, WebsiteBuilder may terminate your use of the Services without refund.

Liability

WebsiteBuilder works hard to perform its Services to you and, if we do not or if something goes wrong, you may have a right to remedies from WebsiteBuilder.

Handling Disputes

We do our best to keep our customers satisfied and, if you have a complaint or concern about the Services you are receiving, we would like you to contact us. If WebsiteBuilder cannot adequately deal with your dispute, you may escalate your dispute to the courts or to an alternative dispute resolution body.


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These Terms and Conditions (the “Agreement” or “Terms and Conditions”) are an agreement between WZ (UK) Limited, doing business as WebsiteBuilder (“WebsiteBuilder,” “we” or “our”) and you (“you,” “yourself,” “User” or “Customer”). This Agreement sets forth the terms and conditions of your use of all WebsiteBuilder products and services (collectively, the “Services”). Within the scope of such Services, this Agreement refers to both (i) your service plan; and (ii) any additional services you order to supplement your service plan, as further described at Our Services & Prices. By accessing, using, registering for or receiving any of the Services, you are agreeing to the terms set out below and in our Privacy Policy, Acceptable Use Policy and Copyright Policy (“Policies”) which are incorporated into this Agreement. Additional terms may apply to certain Services that you purchase. In such cases, those additional terms also apply in addition to this Agreement. If you do not accept and agree to this Agreement and our Policies then you must not access or use the Services.


WebsiteBuilder may modify this Agreement, from time to time to reflect changes in or requirements of the law or modifications or updates to the Services. WebsiteBuilder will notify you if such change materially affects your rights under this Agreement. Changes will not apply retrospectively and, unless the change is required immediately for legal or security reasons, notice of the modified terms will be provided a reasonable period prior to the changes taking effect. If you do not agree to be bound by this Agreement, our Policies or any subsequent modifications, you must stop using the Services (see Cancellation and Termination).


  1. Eligibility, Registration and Account Security

    1. The Services are intended solely for users who are eighteen (18) years of age or older (or over the age of majority in your country if it is higher than 18). If you are under eighteen (18) years of age (or, if higher than 18, the age of majority in your country) and register to use the Services or access the Services, you are in breach of this Agreement. By registering for or using the Services, you represent and warrant that you are at least eighteen (18) years of age and are over the age of majority in your country of residence.

    2. If you are registering for and using the Services on behalf of another party, entity or organization, you warrant and represent that you are authorized to bind such party, entity or organization to this Agreement and to act on behalf of such party, entity or organization with respect to any actions you take in connection with the Services.

    3. You agree to provide accurate and complete information when you register for the Services and you agree to keep such information accurate and complete during the entire time that you use the Services. You are solely responsible for maintaining the confidentiality of your username and password.

    4. If someone else is paying for your Services, you are authorizing WebsiteBuilder to give such person paying for the Services access to your account, including without limitation, in the event of your death or incapacity.

  1. Prohibited Persons

    Certain entities and individuals are prohibited from using the Services pursuant to trade and economic sanctions and export and control laws imposed by the U.S. or other governments. For example, the U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies and their subsidiaries from engaging in all or certain commercial activities with certain sanctioned countries or regions (each a “Sanctioned Country”) and certain individuals, organizations, entities, or domain names including without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC. You are prohibited from registering or signing up with, subscribing to, or using the Services if you are located in a Sanctioned Country or are listed as, or associated with an SDN, as determined by WebsiteBuilder in its sole discretion. Registration, signing-up or using the Services from any Sanctioned Country is a material violation of this Agreement, and grounds for immediate account termination by WebsiteBuilder without the right for a refund or to recover any of your data.

  1. WebsiteBuilder License and Use of the Services

    1. Scope of License. WebsiteBuilder grants you a limited, non-exclusive, non-transferable, limited and revocable license during the term of this Agreement, to use WebsiteBuilder’s technology, products and services solely for the purpose of accessing and using the Services. You will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of the Services. You shall use the Services only in accordance with our Acceptable Use Policy. Your license to use WebsiteBuilder’s technology is subject to the limitations set out in this section of the Agreement and you agree to use the Services only in accordance with this Agreement. If you do not agree with the terms of this license, you must cancel your account and stop accessing the Services.

    2. Restrictions on Access to Services. You are only allowed to access the Services through the interfaces and protocols provided or authorized by WebsiteBuilder. You agree that you will not access the Services through unauthorized means.

    3. Compatibility with the Services. You are responsible, at your own expense, for all computers, telecommunication equipment, software, access to the Internet, and communications networks required to use the Services. WebsiteBuilder is not responsible for any delays or failures in the Services due to a failure of any computers, telecommunication equipment, software, access to the Internet, or communications networks necessary to use the Services outside WebsiteBuilder’s control. You are solely responsible for ensuring that all User Content and User Websites (as defined below) are compatible with the hardware and software used by WebsiteBuilder to provide the Services, which hardware and software may be changed by WebsiteBuilder from time to time in its sole discretion.

    4. Maintenance of the Services. From time to time, WebsiteBuilder may make improvements, upgrades or modifications to the Services available to its customers. Please see Modification and Updates to the Services.

    5. Technical Support Services. Except as described otherwise in paragraph (f) below, WebsiteBuilder will provide 24/7 technical support via email for the Services (“Technical Support Services”). You will be required to provide as much information as possible to aid our investigation into any issues or problems. By utilizing WebsiteBuilder’s Technical Support Services, you grant WebsiteBuilder permission to access your account, if necessary, to resolve your issue. You agree that WebsiteBuilder and its agents and employees are not liable for any damage resulting from the provision of customer support.

    6. Ineligibility for Technical Support Services. WebsiteBuilder will not provide Technical Support Services if (a) you are in breach of this Agreement; or (b) the need for Technical Support Services is due to (i) any modification or attempted modification of the Services by you or any third party outside of WebsiteBuilder’s control; or (ii) your failure or refusal to implement changes recommended by WebsiteBuilder; or (c) you are abusive toward our staff in any manner.

    7. Trial Licenses. If you received a free trial or evaluation license, WebsiteBuilder grants you a non-exclusive, non-transferable, limited license to use the Services during the trial or evaluation period in accordance with this Agreement. The free trial and evaluation license is only valid for your use of the Services and is limited to one trial license or evaluation license per calendar year. Your license to use the Services will terminate upon the expiration or termination of such trial or evaluation period.

  1. Modification and Updates of the Services

    1. WebsiteBuilder may, from time to time, change the Services and any aspect or feature of the Services if considered necessary for security or legal reasons, to ensure the operability of the Services, to reflect advancements in technology or to enhance the features we are able to offer our customers.

    2. If WebsiteBuilder modifies the Services in a material way, we will provide you with advance notice of the changes so that you have an opportunity to stop using the Services and cancel your account. In accordance with our Cancellation and Termination provisions, you will receive a pro rata refund for any fees paid in advance for full months of Services not yet rendered where such change adversely affects your use of the Services during the then current service term. This does not affect your 30 day money-back guarantee and, therefore, if you cancel within 30 days of starting or renewing the Services, as a result of a change made by WebsiteBuilder, you will receive a full refund minus the Domain Fee (if applicable) as described in Section 7 below.

  1. Term and Automatic Renewal

    1. Initial Term and Automatic Renewal. The initial term of the Services is: (i) in respect of your service plan, the initial period you have chosen to pay for on the payments page at the time you purchased the Services (e.g. either 1 month, 12 months or 24 months); and (ii) in respect of all additional services, 12 months unless otherwise stated on the services & pricing page (the “Initial Term”). The Services will automatically renew for the same term (each a “Renewal Term”) as you initially ordered, as shall be further summarized for you in the Renewal Notice (described below). If you do not want your Services to renew, you must cancel before the end of the Initial Term or any Renewal Term or else your credit card will be charged in accordance with paragraph 6(d) (Pricing, Billing and Payment). The Initial Term and any Renewal Terms shall be collectively referred to as the “Term.” Except for monthly subscription plans, each Renewal Notice will be provided to you, approximately thirty (30) days prior to your card being charged which, as described in Pricing, Billing and Payment, will be charged fifteen (15) days prior to the end of the then current Term. The Renewal Notice will be sent to the email address you have registered for your WebsiteBuilder account and notice of auto renewal will appear in your control panel. It is your responsibility to ensure that the email address and other personal details WebsiteBuilder holds for you are current at all times.

    2. Monthly Subscriptions. All monthly subscriptions will renew automatically each month until you cancel your account.

    3. Free Subscriptions. All free subscriptions will renew automatically each month until you cancel your account.

    4. Exceptions to Automatic Renewal. If you are in dispute with WebsiteBuilder or have previously requested a chargeback that we have successfully challenged, your Services will not automatically renew at the end of your existing service term.

  1. Pricing, Billing and Payment

    1. Pricing. We offer great service plans and a range of additional services to meet everyone’s needs. Details of our current service plans, and additional devices, are listed on Our Services & Prices page. WebsiteBuilder reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days’ notice before charging you with any price change on any six (6) month or longer term plans. It is your sole responsibility to periodically review billing information provided by WebsiteBuilder here, and other methods of communication, including notices sent or posted by WebsiteBuilder.

    2. Promotions. If you receive a discount promotion or an introductory offer on your Initial Term or first month’s subscription, your Services will automatically renew at the then current non-discounted price listed on our pricing page. To see our current rates, go to Our Services & Prices. You acknowledge, agree, and authorize WebsiteBuilder to automatically charge the applicable fee to your credit card in accordance with paragraph 6(d) (Pricing, Billing and Payment).

    3. Billing Process. Our service charges will be calculated based on the service plan you choose plus any charges for additional Services you have ordered. If the Services you purchase from WebsiteBuilder are billed on a monthly basis, you will be billed in full month increments.

    4. Payments. You agree to pay WebsiteBuilder, during the Initial Term or each month as applicable depending on your choice of service plan, all fees for the Services, as set forth on the payments page at the time you order the Services. Prior to expiry of your Initial Term or current Renewal Term, for subscription plans with a term length of more than one (1) month, you will receive notice of the amount of fees due for the subsequent term via a Renewal Notice sent to you by email and/ or your control panel. As set out in Term and Automatic Renewal, Renewal Notices will not be provided to you if you are on a monthly plan. You acknowledge, agree, and authorize WebsiteBuilder to automatically charge the applicable fee to your credit card for each month or Renewal Term (as applicable), unless you cancel the Services. All charges will be taken fifteen (15) days prior to the date of renewal; for example, for monthly subscription plans, your credit card will be charged fifteen (15) days before the end of your monthly cycle for these Services. If the credit card on file with WebsiteBuilder has expired or does not permit automatic renewals, you must contact WebsiteBuilder to renew the Services. If you do not renew your Services will be suspended and after thirty (30) days, your account will be cancelled and your data will be deleted. You are responsible for ensuring that your billing information with WebsiteBuilder is accurate.

    5. Currency. WebsiteBuilder offers the ability to pay for Services in a number of different currencies. If your local currency is not supported by WebsiteBuilder, the price payable for the Services will be converted, using the applicable exchange rate, at the time of purchase. In the event of any refund of fees being due to you in accordance with the terms of this Agreement, such refund will be converted using the applicable exchange rate at the time of refund. WebsiteBuilder is not liable for any discrepancies or shortfalls in these amounts as a result of a change in the exchange rate.

    6. VAT. VAT (Value Added Tax) is a tax on consumer spending within the territory of an European Member (E.U.) State. VAT is included in all GBP and Euro prices displayed on the WebsiteBuilder site.

    7. Billing Issues and Support. You must notify us about any billing problems or discrepancies as soon as you become aware of them. We will make every effort to assist you with any billing queries, please contact us by email on billing@WebsiteBuilder.com. In particular, please always contact WebsiteBuilder before attempting a chargeback.

  1. Cancellation, Termination and Refunds

    1. If you choose to cancel your account. You may cancel the Services at any time during the Term, including where there is a change to the Services or this Agreement which you do not agree with by emailing billing@WebsiteBuilder.com. If you choose to cancel, you will be entitled to a refund as follows:

      i. If you do choose to leave WebsiteBuilder within thirty (30) days of registering for or renewing your Services, you will receive a full refund of website builder fees paid. You will not receive a refund for any domain registration fees, setup fees, or any fees paid for additional services that are purchased in the first thirty (30) days.

      ii. If you choose to leave after this thirty (30) day period, you will receive a prorated refund of any website builder fees already paid for full months of Services not yet rendered. Prorated refunds will not include domain registration fees, setup fees, or any fees paid for additional services that were purchased.

      iii. If you choose to leave after this thirty (30) day period as a result of a change to the Services or this Agreement which adversely affects you and which you do not agree with, you will receive a prorated refund of any fees already paid for full months of Services not yet rendered (including fees paid for additional services).

    2. Termination by WebsiteBuilder. WebsiteBuilder may suspend or terminate your Services if WebsiteBuilder reasonably believes that (i) you are in breach of the WebsiteBuilder Terms and Conditions, Prohibited Persons or Intellectual Property sections or if you are in material breach of any other section of this Agreement or our Policies; or (ii) if your continued use of the Services may damage, disable or impair our servers or networks. Such termination may be immediate and without notice. You are not eligible for a refund of any amounts paid if WebsiteBuilder terminates your account in accordance with this paragraph b.

    3. Effects of Cancellation or Termination. Upon cancellation or termination: (i) you shall immediately cease any and all use of the Services; and (ii) you will not have access to the Services.

    4. Domains. If your plan includes a free domain and you are entitled to a refund pursuant to the terms above, your refund will be reduced by nineteen dollars and ninety five cents ($19.95 USD) per domain name, if you would like to keep your registered domain name.

  1. Third Party Products and Services

    1. Third Party Providers. WebsiteBuilder may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing. WebsiteBuilder does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. WebsiteBuilder is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

    2. WebsiteBuilder as Reseller or Licensor. WebsiteBuilder may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services ("Non-WebsiteBuilder Products"). WebsiteBuilder shall not be responsible for any changes in the Services that cause any Non-WebsiteBuilder Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defect of Non-WebsiteBuilder Products, either sold, licensed or provided by WebsiteBuilder to you will not be deemed a breach of WebsiteBuilder's obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-WebsiteBuilder Product are limited to those rights extended to you by the manufacturer of such Non-WebsiteBuilder Product. You are entitled to use any Non-WebsiteBuilder Product supplied by WebsiteBuilder only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-WebsiteBuilder Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-WebsiteBuilder Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.

    3. Third Party Websites. The Services may contain links to other websites that are not owned or controlled by WebsiteBuilder ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.

    4. Marketing Credits. Some Website Builder paid plans include free marketing credits offered by third party vendors which are only available to you if you are located in the United States. Additional terms and conditions may apply to these marketing credits.

      1. Additional terms and conditions for Google Adwords can be found here: http://www.google.com/adwords/coupons/terms.html
      2. Additional terms and conditions for Bing Ad Credits can be found here: https://www.ipage.com/product/bingadcredits.bml
  1. Collection and Use of your Personal Information

    WebsiteBuilder will collect, use and transfer your personal information in accordance with the terms of our Privacy Policy, which is incorporated herein by reference.

  1. HIPAA Disclaimer

    WebsiteBuilder’s services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). You are solely responsible for compliance with all applicable laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services are not appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. WebsiteBuilder does not control or monitor the information or data you store on, or transmit through, our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with HIPAA. Customers requiring secure storage of “Protected Health Information” as defined under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to “protected health information,” is a material violation of this Agreement, and grounds for immediate account termination by WebsiteBuilder. WebsiteBuilder does not sign “Business Associate Agreements” and you agree that WebsiteBuilder is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, email us.

  1. Intellectual Property

    All trademarks, service marks or other similar items utilized by the Services are the property of their respective owners, including, without limitation, WZ (UK) Limited. The ownership of all intellectual property rights relating to the Services shall remain with WZ (UK) Limited and its licensors. You agree not to take any action to jeopardize, limit, or interfere in any manner with WebsiteBuilder’s or its licensors intellectual property rights.

  1. User Content

    1. You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to WebsiteBuilder that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.

    2. Solely for purposes of providing the Services, you hereby grant to WebsiteBuilder a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, WebsiteBuilder does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.

    3. WebsiteBuilder exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through WebsiteBuilder’s computers, network hubs and points of presence or the Internet. WebsiteBuilder does not monitor User Content. However, you acknowledge and agree that WebsiteBuilder may, but is not obligated to, immediately take any corrective action in WebsiteBuilder’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that WebsiteBuilder shall have no liability due to any corrective action that WebsiteBuilder may take.

  1. WebsiteBuilder Content

    Except for User Content, all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "WebsiteBuilder Content"), are the property of WebsiteBuilder or its licensors. No Website Builder Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any WebsiteBuilder Content. Any use of the WebsiteBuilder Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to your use of the Services and the WebsiteBuilder Content granted herein. All rights of WebsiteBuilder or its licensors that are not expressly granted in this Agreement are reserved to WebsiteBuilder and its licensors.

  1. CPU, Bandwidth and Disk Usage

    WebsiteBuilder expressly reserves the right to review every account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. WebsiteBuilder may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of WebsiteBuilder’s terms and conditions.

  1. Limited Warranty

    EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE EXTENT PERMITTED IN ACCORDANCE WITH APPLICABLE LAW, WebsiteBuilder AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND FOR THE SERVICES PROVIDED HEREUNDER.

  1. Disclaimer

    You acknowledge and agree that any use of the Services, including any information or content obtained through the Services, is at your own risk. You further acknowledge and agree that WebsiteBuilder exercises no control over, and accepts no responsibility for, the content of the information as it passes through network hubs and points of presence or the Internet, other than on WebsiteBuilder controlled equipment.

  1. Backups and Data Loss

    Your use of the Services is at your sole risk. WebsiteBuilder’s backup service runs several times a day and overwrites any of our previous backups after ninety (90) days. Only one week of backups are kept at a time. This service is only provided as a courtesy and may be modified or terminated at any time at WebsiteBuilder’s sole discretion. WebsiteBuilder is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on WebsiteBuilder’s servers.

  1. Limitation of Liability

    1. WebsiteBuilder’S LIABILITY TO YOU IS NOT LIMITED OR EXCLUDED (A) WHERE AND TO THE EXTENT SUCH LIABILITY CANNOT BE LIMITED OR EXCLUDED IN ACCORDANCE WITH APPLICABLE LAW AND (B) FOR ALL EUROPEAN NON-BUSINESS CUSTOMERS, TO THE EXTENT THAT SUCH LOSS ARISES FROM WebsiteBuilder’S FAILURE TO PROVIDE THE SERVICES USING REASONABLE SKILL AND CARE. IN ALL OTHER CIRCUMSTANCES, WebsiteBuilder OR ITS DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS OR SUPPLIERS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, INTERRUPTION OF BUSINESS, OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF (I) INTERRUPTION TO OR UNAVAILABILITY OF THE SERVICES; (II) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (III) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, AND/OR (IV) THE DISCLOSURE OF INFORMATION PURSUANT TO THIS AGREEMENT OR PRIVACY POLICY, AND WebsiteBuilder’S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT OF FEES PAID, IF ANY, BY YOU IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM (OR FOR ANY INITIAL TERM OR RENEWAL TERM OF MORE THAN TWELVE (12) MONTHS, THE FEES PAID FOR THAT INITIAL TERM OR RENEWAL TERM).

    2. WebsiteBuilder will have no liability for delays or failures in the Services caused by your failure to comply with the requirements set out in Paragraph 3(c) (Compatibility with the Services).

    3. The terms of this paragraph shall survive any termination of this Agreement.

  1. Governing Law and Arbitration for users outside of the European Union

    1. The laws of the Commonwealth of Massachusetts apply to this Agreement, including any dispute arising out of or in connection with it or relating to your use of the Services.

    2. If a dispute arising under or relating to this Agreement is brought for arbitration, it shall be resolved by final and binding arbitration conducted before a single arbitrator, chosen by WebsiteBuilder, pursuant to the commercial arbitration rules of the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and shall be administered by the AAA. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this Agreement. The arbitration will be held at the AAA location chosen by WebsiteBuilder in Massachusetts. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, WebsiteBuilder will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If, however, the arbitrator finds that either the substance of your claim or the relief sought is improper or not warranted, as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b), then the payment of arbitration costs shall be governed by the AAA Rules. In such case, you agree to reimburse WebsiteBuilder for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. If the arbitrator grants relief to you that is equal to or greater than the value of your demand, WebsiteBuilder shall reimburse you for your reasonable attorneys' fees and expenses incurred for the arbitration.

  1. Governing Law and Jurisdiction for users in the European Union

    1. For users in the European Union, this Agreement, and any non-contractual obligations arising out of, or in relation to it, shall be governed by and construed in accordance with the laws of England and Wales subject only to any mandatory provisions of consumer law in the country in which you reside. The United Nations Convention on Contracts for the International Sale of Goods as well as any other similar law, regulation or statute in effect in any other jurisdiction shall not apply.

    2. You and WebsiteBuilder irrevocably agree that the courts of the country in which you reside shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.

    3. Alternatively, you may raise the dispute with an alternative dispute resolution body via the EU Commission’s Online Dispute Resolution (ODR) Platform.

  1. Assignment and Delegation by WebsiteBuilder

    WebsiteBuilder may, in its sole discretion, transfer or assign all or part of its rights under this Agreement, and may novate or transfer all or any portion of its duties and obligations under this Agreement. WebsiteBuilder may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent. If you do not agree with any transfer or assignment under this paragraph 15, you should discontinue your use of the Services and cancel your account.

  1. Notices

    Notices relating to your Services and the terms of this Agreement will be provided to you via the email address you have registered for your WebsiteBuilder account. It is your responsibility to ensure that the personal details WebsiteBuilder holds for you are current at all times.

  1. Entire Agreement

    This Agreement (including the items incorporated by reference and modifications that may be made from time to time by WebsiteBuilder), constitute the entire agreement between WebsiteBuilder and you regarding the Services, and supersedes all prior agreements between you and WebsiteBuilder regarding the subject matters hereof. Any item or service furnished by WebsiteBuilder in furtherance of the Services shall be covered by this Agreement unless otherwise explicitly provided. Should there be any conflict in terms between this Agreement and any other document, the terms set forth in this Agreement shall govern. Any references that are singular or plural and any references that are masculine, feminine, or neutral in gender, are meant to be used interchangeably as the context of the sentence might imply.

  1. Severability

    This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable under applicable law to any extent, then (i) such provision will be interpreted, construed, or reformed to the extent reasonably required to render it valid, enforceable, and consistent with the original intent underlying such provision and (ii) such invalidity or unenforceability will not affect the validity or enforceability of any other provision of this Agreement and all such provisions shall remain in full force and effect.

  1. No Waiver

    WebsiteBuilder reserves its right to take all legal steps available to enforce this Agreement. WebsiteBuilder’s failure to exercise any right or remedy hereunder shall not operate as a present or future waiver of such provision or of WebsiteBuilder’s rights to enforce such right or remedy in the future. No waiver of any provisions of this or any other Agreement with WebsiteBuilder shall be effective unless expressly stated in writing and signed by both parties.

  1. WebsiteBuilder Contact information

    If you have any questions or comments, please contact us at support@WebsiteBuilder.com or postal mail to:

    WebsiteBuilder
    5A Little Park Farm Road
    Fareham
    Hampshire
    PO15 5SJ
    United Kingdom

Last modified on September 28th, 2016