Web Site Terms and Conditions of Use
By opening this website, you are agreeing to be bound by the website Terms and Conditions set forth, including all applicable regulations and laws. You also agree that you are responsible for your own compliance with any applicable local laws that might relate to the use of this site. If you are unable to agree or choose not to, then you are now allowed to access this website any further, or use any of its features. All applicable copyright and trademark laws apply to all intellectual property associated with and materials contained within this website.
2. Use License
There will be permission granted for persons to temporarily download a single copy of the materials on the Website BUILD and DESIGN’s website, but only for personal use in a non-commercial and transitory viewing-fashion only. This is the grant of a license, not a transfer of title, and under this license you may not:
- transfer the materials to another person or “mirror” the materials on any other server;
- attempt to decompile or reverse engineer any software contained on Website BUILD and DESIGN’s web site;
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- remove any copyright or other proprietary notations from the materials
This license will immediately be revoked if you choose to violate any of the aforementioned restrictions and may be terminated by Website BUILD and DESIGN (MonsteR Unlimited INC) at any moment in time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials provided on Website BUILD and DESIGN’s website are created and distributed as-is. Website BUILD and DESIGN will not make any warranties, and hereby disclaims and negates all other warranties, including without limitation, implied warranties. Further, Website BUILD and DESIGN does not warrant or make any representations concerning the exactness, likely results, or dependability of the use of the materials on its Internet website or otherwise relating to any materials or on any websites linked back to this website.
There are no situations in which Website BUILD and DESIGN would be liable for any type of damages (which still includes, without any limitations, damages for loss of profit or data sue to an interruption in business) arising out of the use or inability to use the materials on Website BUILD and DESIGN’s Internet site, even if Website BUILD and DESIGN or a Website BUILD and DESIGN’s authorized representative has been notified verbally or in writing of the possibility of any damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Website BUILD and DESIGN can not be responsible for every website that may link back to this website. As it is impossible to review every site that might have a link to this site, Website BUILD and DESIGN is not responsible for all linking sites. Therefore, we do not freely endorse all websites the may have a link to this website on their website. We are not responsible for any issues these websites may have.
7. Governing Law
Any claim relating to Website BUILD and DESIGN’s web site shall be governed by the laws of the State of Florida without regard to its conflict of law provisions.
Terms of Service
Please note that the website and web services described below are continuously undergoing intermittent modifications and improvements. By using the Services (as defined below), you understand and accept that there may be temporary interruptions and/or errors with our product and its’ capabilities.
The following terms and conditions govern use of the Website BUILD and DESIGN services operated by MonsteR Unlimited INC, websites (websitebuildanddesign.com and searchenginemarketingandseo.com ) (the “Website”) and all content, services and products available at or through the Website, including, but not limited to, the MonsteR Unlimited INC web creation service (the “Service”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may close the Website or use any services. The Website is available only to individuals who are at least 18 years old. Website BUILD and DESIGN (MonsteR Unlimited INC) (“Company”) reserves the right to update and change the Terms of Service without notice. Violation of any of the Terms of Service may result in the termination of your account.
1. Your Website BUILD and DESIGN Account and Site
If you create a site on the Website using the Services (a “Customer Site”), you are responsible for maintaining the security of the Customer Site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Customer Site (even when content is posted by others who have their own logins under your account). You agree to not describe or assign keywords to the Customer Site that are misleading or unlawful. Website BUILD and DESIGN may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Website BUILD and DESIGN liability. You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws). You must provide your legal full name, a valid email address, and any other information all correct as requested in order to complete the signup process.
You agree to immediately notify Website BUILD and DESIGN of any unauthorized uses of the Customer Site, your account or any other breaches of security. Website BUILD and DESIGN will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. Technical support for the Customer Site shall only be provided by Website BUILD and DESIGN to paying account holders who are current as to all payments due.
2. Responsibility of Contributors
If you operate a Customer Site, comment on a site, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (all of such material, “Content”), You are solely responsible for such Content and any harm resulting from that Content, regardless of whether the Content constitutes text, graphics, an audio file, video, or computer software. By making Content available, you represent and warrant to Website BUILD and DESIGN that:
- The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party.
- If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content.
- You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms.
- The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content.
- The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).
- The Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party.
- The Customer Site is not named in a manner that misleads your readers into thinking that you are another person or company.
- You agree not to use the subscription service to collect, manage or process sensitive information. We will not have any liability that may result from your use of the subscription service to collect or manage sensitive information.
By submitting Content to Website BUILD and DESIGN for inclusion on the Customer Site, you grant Website BUILD and DESIGN a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the Customer Site. If you delete Content, Website BUILD and DESIGN will use reasonable efforts to remove it from the Customer Site, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
The Service is intended for use by businesses or personal use. The Service is not permitted for franchises or chain operations. Website BUILD and DESIGN reserves the right to refuse to make the Service available to any business in its sole and absolute discretion.
Under the license, you may not: copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate/transfer to another service or server, “mirror” the materials on any other server, translate, compile, decompile or disassemble the website, the Services (or any part thereof), and Intellectual Property owned by Company or Third Party services for use and display within your platform/website and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Company’s prior written and specific consent and/or as expressly permitted under the Company Terms of Service. You acknowledge and agree that your failure to abide by the foregoing or any misrepresentation made by you herein may result in the immediate termination of your account and/or any services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such services. Upon termination of this license, you must destroy any downloaded materials in your possession whether electronic or printed format.
Without limiting any of those representations or warranties, Website BUILD and DESIGN has the right (though not the obligation) to, in Website BUILD and DESIGN’s sole discretion: (i) refuse or remove any content that, in Website BUILD and DESIGN’s reasonable opinion, violates any Website BUILD and DESIGN policy or is in any way harmful or objectionable; or (ii) terminate or deny access to and use of the Website to any individual or entity. Website BUILD and DESIGN will have no obligation to provide a refund of any amounts previously paid.
3. Content Posted to Customer Site
Website BUILD and DESIGN has not reviewed, and cannot review, all of the Content requested to be posted to a Customer Site. Website BUILD and DESIGN does not represent or imply that it endorses any of the Content or that it believes such material to be accurate, useful or non-harmful. You shall be solely responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Website BUILD and DESIGN is not responsible for reviewing the Content prior to posting on the Customer Site to confirm that it does not contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Customer Site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Website BUILD and DESIGN disclaims any responsibility for any harm resulting from the use by visitors of the Customer Site, or from any downloading by those visitors of Content posted to the Customer Site.
4. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which Website BUILD and DESIGN links, and that link to Website BUILD and DESIGN. Website BUILD and DESIGN does not have any control over those non-Website BUILD and DESIGN websites and webpages and is not responsible for their contents or their use. By linking to a non-Website BUILD and DESIGN website or webpage, Website BUILD and DESIGN does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
Website BUILD and DESIGN disclaims any responsibility for any harm resulting from your use of non-Website BUILD and DESIGN websites, services and webpages.
5. Bulk Commercial E-Mail
You must obtain Website BUILD and DESIGN prior approval for any commercial e-mail service, and able to demonstrate ALL of the following to Website BUILD and DESIGN’s reasonable satisfaction:
The intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure.
Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given.
You retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honor recipient’s and Website BUILD and DESIGN’s requests to produce consent evidence within 72 hours of receipt of the request.
The body of the e-mail must describe how the e-mail address was obtained, for example, “You opted in to receive this e-mail promotion from our Website or from one of our partner sites,” and information on how to request evidence of the consent, for example, “If you would like to learn more about how we received your e-mail address please contact us at email@example.com.
You have procedures in place that allow a recipient to easily revoke their consent – such as a link in the body of the e-mail, or instructions to reply with the word “Remove” in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours.
You must post an firstname.lastname@example.org e-mail address on the first page of any Website associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address.
You have the means to track anonymous complaints.
You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the “TO” line of the e-mail.
You otherwise comply with the CAN SPAM Act and other applicable law.
You may not use a third-party e-mail service that does not practice similar procedures for all its customers.
These policies apply to messages sent using the Service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via the Service. In addition, you may not use a third-party e-mail service that does not practice similar procedures for all its customers.
Website BUILD and DESIGN may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.
6. Copyright Infringement and Digital Millennium Copyright Act Policy
As Website BUILD and DESIGN asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Website BUILD and DESIGN violates your copyright, you are encouraged to notify Website BUILD and DESIGN. Website BUILD and DESIGN will attempt to respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Website BUILD and DESIGN or others, Website BUILD and DESIGN may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Website BUILD and DESIGN will have no obligation to provide a refund of any amounts previously paid to Website BUILD and DESIGN.
7. Intellectual Property
This Agreement does not transfer from Website BUILD and DESIGN to you any Website BUILD and DESIGN or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Website BUILD and DESIGN. Website BUILD and DESIGN and the Website BUILD and DESIGN logo, and all other trademarks, service marks, graphics and logos used in connection with Website BUILD and DESIGN, or the Website are trademarks or registered trademarks of Website BUILD and DESIGN or Website BUILD and DESIGN’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Website BUILD and DESIGN or third-party trademarks.
8. Allotted Bandwidth
Website BUILD and DESIGN does offer multiple flexible bandwidth packages on all service plans. Service Plans provides you with a specific Bandwidth, and you can use that during the entire billing period without any extra fees. If you exceed or are about to exceed your monthly allotted bandwidth during any billing cycle, we reserve the right to limit network access, bill for estimated overage in advance, or suspend service until payment for the bandwidth overage is completed. Website BUILD and DESIGN retains the right to create limits on bandwidth and storage in its sole discretion at any time with or without notice.
9. Service Uptime
Website BUILD and DESIGN will make reasonable efforts to ensure that the Website, Customer Site and Services are available consistently twenty-four hours a day. However, there may be times when these will be disrupted due to software maintenance, system upgrades and emergency repairs or due to malicious attacks or the failure of telecommunications equipment and links. Website BUILD and DESIGN will take reasonable steps to minimize the length of any such interruption.
YOU AGREE THAT Website BUILD and DESIGN WILL NOT BE HELD LIABLE IN ANY EVENT TO YOU OR ANY OTHER PARTY FOR ANY MODIFICATION, SUSPENSION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE SITE, THE SERVICE, OR ANY OTHER CONTENT.
Website BUILD and DESIGN reserves the right, at its sole discretion, to amend or modify the terms and conditions or this Agreement at any time. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Website BUILD and DESIGN may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Any of such new features and/or services shall be subject to the terms and conditions of this Agreement. Website BUILD and DESIGN reserves the right to alter, and temporarily or permanently discontinue the Service or its current features with or without notice.
11. Gift Cards
You (and not Website BUILD and DESIGN) shall be the issuer of the gift card and solely responsible for redeeming the gift card. You (and not Website BUILD and DESIGN) shall be fully responsible for fulfillment of the gift card, including the provision of goods and services. You shall be solely responsible for compliance with all state and local laws, including those relating to the distribution and sale of alcohol, assessing and collecting sales tax, and complying with unclaimed property laws for unredeemed or partially redeemed gift cards and for any and all injuries, illnesses, damages, claims, liabilities and costs you may suffer arising from or related to the use or redemption of the gift card. Gift Card fulfillment and delivery details are your sole responsibility, and not Website BUILD and DESIGN. Website BUILD and DESIGN is not responsible for purchase disputes or returns. The merchant account provider, Stripe.com and the individuals must resolve any issues, without the involvement of Website BUILD and DESIGN. You agree to indemnify, defend, and hold Website BUILD and DESIGN harmless, from and against any and all claims, demands and losses suffered by Website BUILD and DESIGN arising out of the issuance, redemption or fulfillment of the gift cards or compliance with state law.
12. Cancellation and Termination
You may cancel your service at any time by reaching us out via phone call. If you wish to terminate your Website BUILD and DESIGN paid account Subscription such as hosting, you are solely responsible for properly canceling your account. Contact with our support team and inform them about your cancellation. Cancelling your Service may result in immediate deletion of your Content, All Files, and access to all Services, and Website BUILD and DESIGN is not responsible to retrieve any data. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Website BUILD and DESIGN may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. The Company reserves the right to refuse service to anyone for any reason at any time.
Retrieval of Customer Data. As long as you have paid all fees owed to us, if you make an email request within thirty (30) days before termination or expiration of your Subscription, we will provide you with copies of, all Customer Data in our possession or control. We may withhold access to Customer Data until you pay any fees owed to us. Without Thirty (30) days of notice before your termination or expiration of your Subscription, we will have no obligation to maintain or provide you the Customer Data and may, delete all Customer Data in our systems or otherwise in our control.
13. Fees and Refunds
Prior to signing up for an account, or subscribe for Services, you will be billed on a yearly basis for hosting or one time payment for websites or other projects. You can only ask for a refund if Website BUILD and DESIGN still wouldn’t start the project. For example; You have purchased the website and we are still waiting for your template choice, however you wanted to cancel the order and ask for the refund, we advice you to reach us as quickly as possible before we start the project so we can cancel your order and refund the payment to your original payment method. Also, for example; you have purchased a website, we already started to work on your website such as, but not limited to by creating your account, or putting up your content, then you have asked us for a refund. Website BUILD and DESIGN can not refund any payment made that we started on the website or project already.
You authorize Website BUILD and DESIGN directly or through third parties, to make any inquiries it considers necessary to validate your account, identity and credit worthiness. Your credit card will be billed immediately for the services you have purchased. The recurring monthly payments will occur on the same day of the year as your signup day for the duration of your subscription. In the event that you sign up for your subscription on a day that does not exist during certain months of the year (such as the 30th or 31st day), you will be billed on the last day of those months. Website BUILD and DESIGN fees are exclusive of any taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, except for only federal or state taxes in the United States.
The Subscription Fee will remain fixed during the Subscription Term unless you exceed your set Limits; Email Send Limit; Bandwidth Limit, Storage Limit, User or other applicable limits, change products or packages, or subscribe to additional features or products, including Add-On Services. Where a price change applies to you, we will charge or invoice you under the new price structure, starting with the next Billing Period in the Subscription Term, except as provided below under ‘Fee Adjustments During a Billing Period’. In order to avoid additional charges, you should purchase the appropriate tier of Subscription Service for your anticipated needs. We will monitor or audit remotely the usage in the Subscription Service.
14. Website Accessibility
Website BUILD and DESIGN is committed to doing as much as it can to establish a foundation of level AA ADA compliant websites for it’s customers and their patrons, as recommended by the Web Consortium for Accessibility Guidelines. However, website builders and content management systems are inherently customizable. Website BUILD and DESIGN customers have the ability to manage their own content, select colors and fonts, assign ALT text, and choose the third party services to integrate into their website. All of these factors can impact a website’s level of accessibility, and therefore we are not able to guarantee ADA compliance, and will not be held responsible for any legal action related to this matter.
15. Disclaimer of Warranties
THE WEBSITE AND SERVICES ARE PROVIDED “AS IS”. Website BUILD and DESIGN AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER Website BUILD and DESIGN NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT THE WEBSITE OR SERVICES WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE WEBSITE AT YOUR OWN DISCRETION AND RISK.
WHILE Website BUILD and DESIGN WILL MAKE REASONABLE EFFORTS TO MAINTAIN AND BACKUP ANY CONTENT HOSTED ON EACH CUSTOMER SITE, Website BUILD and DESIGN IS UNDER NO OBLIGATION OR DUTY TO DO SO. YOU ARE SOLELY RESPONSIBLE FOR CREATING REGULAR BACK-UPS OF YOUR WEBSITE CONTENT. YOU ARE STRONGLY URGED TO BACK-UP COPIES OF ANY AND ALL CONTENT YOU PROVIDE TO Website BUILD and DESIGN FOR POSTING ON A CUSTOMER SITE.
16. Limitation of Liability
IN NO EVENT WILL Website BUILD and DESIGN OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT OR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO Website BUILD and DESIGN UNDER THIS AGREEMENT DURING THE SIX (6) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. Website BUILD and DESIGN SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
17. General Representation and Warranty
You agree to indemnify and hold harmless Website BUILD and DESIGN, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of or related to, (i) your use of the Website; (ii) your breach of this Agreement; (iii) any claim that the Content breaches the intellectual property rights of any third party.
This Agreement constitutes the entire agreement between the parties concerning the subject matter here of, and may only be modified by a written amendment signed by an authorized executive of Website BUILD and DESIGN, or by the posting by Website BUILD and DESIGN of a revised version. This Agreement, any access to or use of the Website will be governed by and construed in accordance with the laws of the State of Florida, U.S.A., without giving effect to principles of conflict of laws that would require the application of any other law. The proper venue for any and all disputes arising out of or relating to this Agreement, shall be the state and federal courts located in Broward County, Florida. The substantially prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is found by a court to be invalid or unenforceable, that part will be construed to reflect the parties’ original intent and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Website BUILD and DESIGN may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
If you have any problems related to Website BUILD and DESIGN billing or are in need of technical assistance with your website, please feel free to contact us any time. If you find a Customer Site that you believe violates these terms of service, please inform us as soon as possible. For further information, please email us at email@example.com or contact us via our phone number at 754.231.7474