Terms & Conditions of Service
Throughout these terms and conditions of services and policies the terms “you”, “user”, “account”, “client” refer to the individual person that is responsible for paying for the service. In the event that the individual refers to a company, board of directors, or other such entity, then that party needs to identify one such individual that can make decisions on the party’s behalf regarding the service. The terms “Design Your Website”, “we”, “our” refer to Design Your Website. The terms “service” or in some cases “website”, “server” refers to the individual service that said payee is paying Design Your Website. Any other terms will refer to the implied participant.
By visiting our site and/or purchasing any service/item from us, you agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
Modifications To the Service and Prices
Prices for our products are subject to change without notice. We reserve the right to modify our Terms and Conditions and/or modify and/or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Age Requirements
Users who sign up for our services agree that they are at least 18 years of age or older. Users who are younger than 18 years old must have the consent of a parent or guardian before using our services. In these situations, the parent or guardian agrees to these terms and is held responsible for the actions of the user.
Content
User is responsible for the content on their website. User is responsible for obtaining, creating, and/or uploading the content to their website.
Prohibited Content
Examples of prohibited content include, but is not limited to:
• Hacking or hacking materials
• Anonymous proxy or gateway
• Pornography or pornography related material
• Gambling material
• Illegal activities
• Drugs and Drug Paraphernalia
• Hate/Violence promotion
• Racial or Ethnic intolerance
• Use of the service as an open SMTP relay.
• Any activity that is illegal or in violation of state or federal laws, or international laws.
• Use of the service to sell, advertise, or distribute illegal goods or services.
• Any activity that is abusive or disruptive on the server.
• Uploading or distributing any material that violates another person’s right to privacy.
• Distributing hate speech or other obscenities.
• Any material that is determined to be obscene, illegal, abusive, or in violation of these terms and policies.
• Cannot run any stand-alone or background processes
• Cannot run any type of web spider software or indexer
• Cannot run any software that connects to an IRC network.
• Cannot run any bittorrent or bittorrent related activities, including applications, trackers, or clients.
• Cannot participate in any file sharing or peer-to-peer activities.
• Cannot run any game server.
Use of the service to create, host, transfer, or distribute computer viruses, worms, trojans, spyware, malware, or any malicious software is prohibited.
Use of the service to host, transfer, or distribute copyrighted or trademarked material is prohibited.
Use of the service to host, transfer, or distribute any material that infringes upon another person’s intellectual property is prohibited.
Any material related to minors or persons younger than 18 years of age cannot be posted without the proper consent of their parent or guardian.
Import/Export Laws
Any importing or exporting that violates any laws or United States federal law is prohibited. This applies especially in the case of encryption and encryption related software.
Backups
Backing up of your website is your responsibility. Users should ensure that they always have a backup of their website. If you need help backing up your website, you may contact us for help with this.
Indemnification
Users of our services agree to indemnify and hold us harmless in any claim regarding the services that we provide. User is hereby responsible for all legal fees and matters associated with lawsuits or claims regarding their account/website. We cannot be held responsible for the actions made by the users of our services. We cannot be listed in any claim or lawsuit regarding your activities in relation to service provided by us.
User agrees not to file claim or legal action against us regarding the policies, terms, rules, regulations, or text that is listed or given in these terms of service.
In the event that we or our affiliated or associated companies are brought to court or face legal action regarding your account, you agree to pay all legal fees associated with that lawsuit or claim and any and all court and legal fees. In addition, you agree to pay attorney’s fees and any other fees associated with the representation of our company, our affiliates and associated companies.
Disclaimer of Warranties
We expressly disclaims all warranties, whether expressed explicitly or implicitly, all that includes, but is not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. All services are provided on an “as is” and “as available” capacity. We make no warranty that the provided services will meet your requirement, or that the service will be uninterrupted, timely, secure, or error free. We do not provide a warranty, nor do we make any representations regarding the use or results of the services provided in terms of their correctness, accuracy, reliability, or otherwise.
Limitation of Liability
We shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from our services for any reason whatsoever. Further, we shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from the server.
Governing Laws
This terms of service agreement shall be governed by the laws of the State of New Jersey and the United States without reference to rules governing choice of laws. The United Nations Convention on the International Sale of Goods shall not apply and is hereby expressly excluded. By using this service user agrees that all disputes involving us must be brought in the federal or state courts located in New Jersey. User agrees that it has no right and cannot file or otherwise bring forth a lawsuit against us outside the State of New Jersey and that if we are involved in a lawsuit outside of the State of New Jersey, user shall be deemed to support and to stipulate a motion made by us to dismiss said lawsuit with respect to our company, our associate and affiliates.
No Returns or Refunds
No physical item is provided. This is a software service and there are no refunds or returns.