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+3-(856) 000-9850This document sets forth the terms and conditions ("Terms") under which Site Mills ("we" or "us") provides website design and hosting services ("Services") to you ("you" or "Client"). By accessing or using our Services, you agree to be bound by these Terms.
2.1 Free Website Design and Code Ownership: We offer a selection of stunning pre-designed website templates for you to choose from. These designs and their underlying code are proprietary to Site Mills and remain our exclusive property. We grant you a non-exclusive, non-transferable license to use the design and code solely for the purpose of operating your website within our hosting platform.
2.2 Client Content: You retain ownership of any content you provide, such as text, images, logos, and videos ("Client Content"). You grant us a non-exclusive, non-transferable license to use, reproduce, and modify your Client Content solely for the purpose of creating and hosting your website.
2.3 Third-Party Content: Our Services may include elements from third-party providers, such as stock photos, fonts, and plugins. These elements are subject to the terms and conditions of their respective licensors. We are not responsible for any violations of such terms and conditions by you.
Free Design: We offer a selection of stunning pre-designed website templates for you to choose from. These designs are provided at no cost to you. However, please note that the free design offer does not include website hosting or ongoing maintenance.
Website Hosting and Upkeep: To keep your website online and functioning smoothly, a monthly subscription to our hosting and upkeep service is required. We offer various tiered plans with different levels of features and storage to suit your specific needs. Your chosen plan will determine the level of functionality and support you receive.
Subscription Payment and Functionality: Timely payment of your monthly subscription fee is crucial for maintaining access to your chosen hosting plan and its associated features. In the event of a missed or late payment, we reserve the right to temporarily suspend website functionality beyond the basic functionalities of the free design template. For example, contact forms, e-commerce features, and advanced analytics may become unavailable until the outstanding payment is received.
Subscription Price Changes: We reserve the right to modify the monthly subscription fees for our hosting plans at any time. Notice of any such changes will be posted on our website and communicated to you via email at least 30 days prior to the effective date. You will have the option to either accept the new subscription price or terminate your hosting service with no penalty within 30 days of receiving the notice. If you continue to use the Services after the effective date of the price change, your continued use will constitute your acceptance of the new subscription price.
Permanent Website Removal: If the subscription remains unpaid for 30 consecutive days, we may permanently disable your website and remove it from our servers. Please note that any data or content associated with your website may be lost after this period.
You are prohibited from using our Services for any unlawful purpose or in violation of any laws or regulations. You may not:
We reserve the right to terminate your access to the Services without notice for any violation of these Terms.
OUR SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT YOUR WEBSITE WILL BE SAFE FROM UNAUTHORIZED ACCESS OR ATTACK.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, REPUTATIONAL HARM, OR PERSONAL INJURY. THIS LIMITATION APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Furthermore, our total liability for any claim arising out of or in connection with your use of the Services will not exceed the amount of the monthly subscription fees paid by you during the twelve (12) months preceding the event giving rise to the claim.
Please note that some jurisdictions do not allow certain limitations on damages, so the above limitations may not apply to you.
You agree to indemnify and hold us harmless from and against any and all claims, losses, damages, liabilities, costs, and expenses (including attorneys' fees) arising out of or in connection with:
This obligation to indemnify and hold us harmless will survive any termination of these Terms or your use of the Services.
Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Farmingdale, New York, and the arbitrator's decision shall be final and binding on the parties.
The following matters are not subject to arbitration and shall be settled through the courts of the State of New York, County of Suffolk, which courts shall have exclusive jurisdiction over such matters: (a) any action to enforce a judgment of the arbitrator; (b) any action concerning the intellectual property rights of either party; and (c) any action concerning the validity or enforceability of this Section 8.
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws provisions.
The parties agree that any action or proceeding at law or in equity arising out of or relating to these Terms shall be instituted in the state or federal courts located in the County of Suffolk, State of New York, and the parties waive any and all objections to jurisdiction and venue in such courts.
These Terms constitute the entire agreement between you and us with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
No waiver of any provision of these Terms shall be effective unless in writing and signed by both parties.
No waiver by us of any breach of any provision of these Terms shall operate or be construed as a waiver of any subsequent breach.
Ownership of Code and Development:
* All code, software, scripts, databases, and other technical elements developed or used by Site Mills in the creation and maintenance of your website remain the exclusive property of Site Mills. * You are granted a non-exclusive, non-transferable license to use these elements solely for the purpose of operating your website within our hosting platform. * You may not copy, modify, distribute, or otherwise exploit these elements without our express written permission. * Upon termination of your hosting service, your access to these elements will cease, and you will not be entitled to receive copies of them.Ownership of Client Content:
* You retain ownership of any content you provide, such as text, images, logos, and videos ("Client Content"). * You grant us a non-exclusive, non-transferable license to use, reproduce, and modify your Client Content solely for the purpose of creating and hosting your website. * Upon termination of your hosting service, you will be able to retrieve your Client Content in a reasonable digital format.Third-Party Content:
* Our Services may include elements from third-party providers, such as stock photos, fonts, and plugins. These elements are subject to the terms and conditions of their respective licensors. We are not responsible for any violations of such terms and conditions by you.Termination and Intellectual Property:
* Upon termination of your hosting service, whether initiated by you or by Site Mills, your access to all Site Mills-owned intellectual property, including code, designs, and other technical elements, will cease. * You will not be entitled to receive copies of these elements or to continue using them outside of our hosting platform. * You will be able to retrieve your Client Content in a reasonable digital format, but you will not retain any rights to use Site Mills-owned intellectual property.Client Cancellation:
* You may cancel your hosting service at any time by contacting Site Mills support. Your cancellation will be effective at the end of your current billing cycle. Upon cancellation, your website will be removed from our servers, and you will no longer have access to any Site Mills-owned intellectual property or services.Retrieval of Client Content:
* Upon cancellation, you will be able to retrieve your Client Content, including any text, images, logos, videos, or other materials you provided, in a reasonable digital format. You will also retain ownership of any domain name you purchased through Site Mills, provided you maintain its registration with the appropriate domain registrar.Retention of Site Mills IP:
* You acknowledge and agree that all intellectual property rights, including copyrights, trademarks, and patents, in and to any code, software, scripts, designs, databases, or other technical elements developed or used by Site Mills to create or maintain your website, remain the exclusive property of Site Mills. Upon cancellation, you will not be entitled to receive copies of these elements or to continue using them outside of our hosting platform.Termination by Site Mills:
* Site Mills reserves the right to terminate your hosting service at any time, for any reason, with or without notice. If we terminate your service without cause, you will be entitled to a prorated refund of any prepaid fees. However, if we terminate your service due to a breach of these Terms of Service, you will not be entitled to any refund.Survival of Provisions:
* The provisions of these Terms of Service that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.