TERMS OF SERVICE

WEBSITES WITH EASE TERMS OF SERVICE

Website Customization and Service Terms of Service Agreement

This Website Customization and Services Document is a legally binding agreement between you and Websites With Ease, a website service company located in Indian River County, FL. 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 your payment for initial ordering of services from Websites With Ease is complete, along with the return of your signed agreement form.

Definitions
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.

Introduction
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.

Domain Name
If you do not have a domain name yet, we’ll purchase one and register it for you at no charge for one year, and then we’ll automatically renew your domain name annually and bill you at our cost, which is currently $20 per year.

If you already have a registered domain name, WWE will assist you in the process of updating the name servers so that your domain points to your WWE customized website at our hosting company. For any domain that we purchase for you the, we will automatically renew it annually at our cost, which is currently $20 per year, and then WWE will bill you directly for your yearly domain renewals. Should you subsequently cancel your service with us, we will revert ownership of the domain name back to you after payment of any balance that may be due on your account.

If you wish to have WWE register a new domain name for you, we will attempt to register a domain name as similar as possible to your requested domain name. We cannot guarantee that you will be able to register a specific domain name exactly as you wish. However, WWE will work with you to attempt to find a domain 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.

Content
WWE will provide you with services in accordance with the website information that you provide to us. Failure by you to provide content/information promptly will result in delays in the completion of the project. You are solely responsible for the contents of your website and the consequences thereof.

Websites With Ease is a website service that provides our clients with the usage of a pre-designed website in exchange for a website customization set-up fee and a monthly website hosting/customer service fee. This type of website service allows a person to easily have a professional business website online Internet presence at a very affordable price. As part of our website service package, we will customize the text and photos on your selected website design so that it fits your particular business. WWE clients do not own the website design they’ve selected. Websites With Ease’s Content Management System, components within CMS, design elements, and/or data of Websites With Ease websites are considered proprietary by the provider, Websites With Ease, and therefore cannot be copied and are non-transferable to another hosting company by the renter/lessee/licensee or any third party provider.

You may provide images for your website. WWE will not alter the quality of the images or graphics, but will resize your photos if needed to fit the selected website template layout. A maximum of six images or graphics will be allowed per website page, including the company logo. Any 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 a reliable dedicated server that is backed up frequently.  Nevertheless, we recommend that you also keep a copy of your most current website text and images, in case of any type of unforeseen problems.

Completion Date
Upon completion of your website customization, WWE will send you a link via email of the website address (URL) so that you can review your website and inform WWE of any changes.
You will be responsible for checking the accuracy of your business phone number, contact information and any other pertinent information that is posted on your website.

Website Text Editing Instructions
After the launching of your website and upon your final approval, WWE will provide a text editing video tutorial and editor login information, so that you may learn how to edit your website text. You agree not to give out this editing access to any third party. It is for your personal use only. WWE does not provide full administrative access to you for your website editing purposes.

Billable and Non-Billable Requests for Revisions
We understand that you may request significant design changes to pages that have already been customized according to your 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 number of 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.

If at any time a client requests to have minimal text editing updates made to their website or would like to replace/add photo images occasionally, Websites With Ease will do this at no charge. However, if you request editing services that are excessive or too frequent, a charge will be applied for the editing services provided by WWE. In such a case, WWE would give you a billable quote for any type of extensive and/or ongoing website editing requirements.

Spamming
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.

Fees, Payment and Terms of Service
You agree to pay WWE for your selected website design, along with an on-going monthly fee for website hosting and customer service. The one-time fee for your standard website customization is $89. The features included in this 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 of that.

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 has been posted on the Internet.

You agree to provide WWE with your 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 phone of any changes or updates in your credit card details. If your 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.

Late Payments
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.

Accurate Information
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 that it is kept current, complete and accurate.

Exclusive Remedy
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.

Warranties
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 or any of the necessary licenses to sell the services or products offered on your website

* Any products or services offered by you are legal.

* 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 from WWE, 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 pay-per-click cost that Google Adwords charges. Since Adwords bidding is competitive, WWE may decline to set up an account for you in locations where another WWE client who is offering the same services as you are, and already has a Google Adwords account set up with WWE.

Cancellation
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.

Miscellaneous
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 Florida. The parties agree that all disputes arising out of this agreement shall be brought only in the courts located in or for Vero Beach, Florida.

You agree not to use WWE’s 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 WWE services is at your sole risk. WWE is not responsible for files and data residing on your account.

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.

Downtime

WWE uses a very reliable hosting company with a VPS server. On very rare occasions, though, due to issues that are beyond our control, our websites could temporarily go offline and not be visible on the Internet. This could also happen if WWE is updating or transferring files. Any such pause would be minimal; however, if you were to find that your website was not online at any time, you should notify WWE as soon as possible so that we could investigate the issue and attempt to resolve it.

Termination
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
. Your website will not be available for transfer nor for your ownership.

Summary
By confirming an order by phone, online, or by 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.

Call Us Today to Find Out More

(800) 533-7998

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