DESIGNER218 TERMS OF SERVICE AGREEMENT

 
By signing up for our service , and completing the form required to do so by checking the yes box when you sign up, you agree to all of the following terms and conditions.  This policy can be amended at any time by Designer 218, and you agree to be bound by any modified policy by continuing the use of our service. You must be 18 years of age or older to sign up for our website services and by signing up you agree to these terms even if you have not completely read them.

PRIVACY

We value our clients trust !  We keep all of the information shared between you and Designer 218 private. We do not share any of your personal information with ANY third parties for any reason.

We DO use your contact information and website address to create your mals-e shopping cart account that is integrated with our software, we do not share payment information with them. To view mals-e terms see HERE

WARRANTY

Designer 218 provides our website building program to you with no warranty, guarentee or condition; express, implied, or statutory.  Our goal is to make your website available to you 24 hours per day, 365 days per year, however we can not always forsee or control  technical problems  that may cause interruptions in service.  Designer 218 shall not be held responsible or liable and shall be held harmless in the event of website downtime due to technical server problems or your website exceeding its bandwidth limit webspace limit or any other technical or server problems that results in lost profits or sales, traffic, ratings or any and all  damages arising out of or in connection with our site, our services, or this agreement including but not limited to hackers getting into your site, you accidentally deleting important files needed to run your site or hard drive failure. You agree refunds are not given for technical malfunctions and down time if you chose to move your site to another host. It is your responsibility to change your password often to your store admin and your cpanel to reduce the risk of being hacked, no website is 100% safe but changing your password and keeping back up copies of your website will help to reduce your chances of being hacked and also the backups can restore your website in the case of failure and or hacks. You must also make sure that any third party programs that you install such as message boards, live help, affiliate programs etc is kept up to date to prevent hackers from gaining an entry point into your site files. Please refer to your third party programs help files on keeping your software up to date. We will make all attempts as we can to restore your site in the event of failure or hacking but we cannot make any guarentees. You should make routine backups to your website databases and files in case they are needed for restore at a later date. You should not depend on the hosting company back ups to restore your webstie.

Designer 218 also does not guarantee thrid party softwares or programs that you may install on your website and will not be held liable for problems arising from third party software including lost profits or sales, traffic, ratings or any and all  damages arising out of or in connection with your site or our site or our services, due to technical server problems and we do not provide customer service on thrid party software or programs. By signing up for our services you agree to these terms and you release Designer 218 and all employee's if any and the main hosting company from any liability and damages resulting in loss of  your website, databases and third party installed softwares.

CONTENT

All services provided by Designer 218 may only be used for lawful purposes. The laws of the State of Florida, the State of Texas, and the United States of America apply. The customer agrees to indemnify and hold harmless Designer 218 from any claims resulting from the use of our services.

Designer 218 provides website builder software with hosting included. Our Sitebuilder is licensed and is not open source and cannot be moved to another hosting company. We do not provide hosting for third party add on website builders, or any website built using any other sitebuilder. Our business is a package of sitebuilder and hosting included together to make it simple for our clients to build their website. We do not host websites using oscommerce, zen cart or any other framework. We do provide Cpanel access. If you install third party software like message boards, live help etc we do not provide support to those third party add-ons.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting.

Examples of unacceptable material on all servers include:

• IRCD (irc servers)
• IRC Scripts/Bots
• Pirated Software/Warez
• IP Scanners
• Bruteforce Programs/Scripts/Applications
• Mail Bombers/spam Scripts
• Escrow
• High-Yield Interest Programs (HYIP) or Related Sites
• Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
• Sale of any controlled substance without prior proof of appropriate permit(s)
• Prime Banks Programs
• Lottery/Gambling Sites
• Hacker focused sites/archives/programs
• Sites promoting illegal activities
• Forums and/or websites that distribute or link to warez/pirated/illegal content
• Bank Debentures/Bank Debenture Trading Programs
• Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
• Mailer Pro
• Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
• Mass Email/Spammer, Mailing Lists etc. (You will need to use a third party mailing list if you plan to send out newsletters to customers

DISCLAIMER

Designer 218 shall not be responsible for any damages your business may suffer. Designer218 makes no warranties of any kind, expressed or implied for services we provide. Designer 218 disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Designer218 and its employees.

Customer agrees that it shall defend, indemnify, save and hold Designer 218 harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Designer 218 and the main website hosts HostGator, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Designer 218 and HostGator against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Designer 218 and HostGator; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from our server.

Your customers are your responsibility, we do not provide customer support to your customers about your website or your products and we are not liable for any disputes or actions taken against you by your customers about your products or services.

BACKUPS AND DATA LOSS

Your use of this service is at your sole risk. Our backup service is ran on Sunday of each week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. Designer 218 nor HostGator are not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Designer218 and HostGator servers.

OTHER:

By signing up for service at Designer 218 you are agreeing to our terms of service as well as the terms of service set forth by the hosting company that we use. You can view those terms of service by clicking HERE

You also agree to the terms of service for Mals-e which is the cart that is used with our sitebuilder. Their terms can be found HERE

CUSTOMER SERVICE

Designer 218 provides customer service free of charge to all of our clients for as long as your site is hosted with us. We are not available 24 hours per day 7 days a week. We respond to all emails within 24-36 hours during our normal business hours Monday-Friday. Emails send on weekends or holidays are answered in the order they are received upon our return to the office. If you need to speak with us via telephone you will need to email us to set up an appointment to talk to us and we will call you. Emergency emails are answered as soon as possible. Emergencies do not include set up questions. These answers can be found in the help files.

We will NOT tolerate rude, threating or bashing emails from any client for any reason. We will also not tolerate bashing or any form of slander of our website, our services or our support staff on public message boards or any other public form of expression as this is considered slander and it will not be tolerated at all.  Violation of this can result in termination without notice or refund of your website service and possible legal action for defamation of character and slander.  If you have an issue with our website or services this is to be handled with the staff in a respectful and private manner to get your situation resolved. We understand you may have a problem or do not understand how to do something but you will speak to our staff respectfully as you are treated respectfully.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

BILLING

You will be billed in accordance with the billing option you chose when registering for our service.  If you choose monthly billing you will be charged automatically once per month on your due date. If you choose yearly you will automatically be renewed for another year on your due date. To prevent automatic renewal you must cancel before your next due date. If you chose the paypal subscription option your paypal account will be billed automatically on your due date  and you will be responsible for immediate payment. If you are paying by check or money order it is your responsibility to be sure that your payment makes it to us and clears before your due date. The Customer is responsible for payment of services for the term selected at sign-up. If you pay by credit card via our secure servers your card will be automatically billed once per month on your due date for as long as you have a website with us. If you need to change your credit or debit card information for any reason you must notify us before your due date to be sure your account is paid and billed properly. It is your responsibility to make sure that your account is paid up to date, and that if you change your email address that we are immediately notified of such change. Invoices are sent out 3 days prior to your due date. Accounts have a 10 day grace period to pay your bill before suspension. You will receive a past due notice and reminder 1 day after your due date and once your account reaches 10 days past due  it will be suspended and a $5 late fee will be added to your current amount due. A suspension will result in your website and email ceasing to function until your balance is paid.  If your account remains unpaid after 20 days from your due date it will be terminated without further notice. Accounts that have been terminated will be subject to a reconnection fee of $20, and all past due balances including late fees must be paid before an account will be reactivated. Your site contents will be lost if terminates so you will have to rebuilt it if this happens.
 
Designer 218 reserves the right to cancel services for not following our terms of service, or refuse services with anyone for any reason without notice or liability for any consequences as a result of termination. Family Friendly site only, we will not accept pornographic or leud website applications.

CANCELLATION

(Also see Credits/Copyright below for more information on cancellation)
If you wish to cancel your service, you must do so prior to your next billing date in order to avoid being charged for additional month(s) or year of service.  If you owe money on your account at the time of your cancellation, that money will need to be paid before your account will be cancelled, and monthly billing of your account will continue.  Once payment in full is received, your account may be cancelled, and you will no longer be billed for our services. All payments must be U.S. Currency. If you move your website to another host and do not contact us to let us know you have decided not to use our services we reserve the right to close out your account at the point you have changed your domain name servers to your new hosting account.

Designer 218 reserves the right to cancel your website services for not following our terms of service, or refuse services with anyone for any reason at our discretion without notice or liability for any consequences as a result of termination. Family Friendly site only, we will not accept pornographic or leud website applications.

REFUNDS

Due to the nature of our business, Designer 218 does not offer refunds based on early cancellation of your account with us. Once money is received for any account, that account is considered under contract for the service provided by Designer 218 for the term of agreement for which you have paid, monthly, yearly or the down payment option. This applies if you cancel your service early or if your service is cancelled by us due to breaking our terms of service in any way. We pay for hosting fees and sitebuilder software license fees for your website so once your account with us has been set up there are NO REFUNDS-NO EXCEPTIONS! By signing up for our service , and completing the form required to do so by checking the yes box when you sign up, you agree to all of the following terms and conditions.  This policy can be amended at any time by Designer 218, and you agree to be bound by any modified policy by continuing the use of our service. If you try to file a dispute with paypal or try a charge back with credit card merchants for refunds of service or refunds of payments made for services upon canceling your website, your acknowledgement of the acceptance of these terms and conditions will be presented where needed to prove that you agreed to the NO REFUNDS policy when you signed up.

Please also note: YOU are responsible for building your website! We provide the tools to build the site. We provide the hosting and the sitebuilder software and support. We are not mind-readers, we do not know if you do not know how to use the software, it is YOUR responsibility to contact us if you have set up questions so that we can walk you through how to use it. We will not provide a refund because you did not know how to build the site because support is here for that very reason, you just need to ask or read through the help files.

You cannot get a refund simply because you changed your mind or never did anything on the site. No matter if you got the monthly or the yearly plan, you will NOT be eligible for a refund because you never worked on it. We have help files through out the sitebuilder if you need help in building the site and you can also email us anytime for support and help with building the website. But you cannot get a refund because you did not work on the site and you feel like you should not have to pay. ALL websites once set up are fully live websites that are using hosting service and a license was also purchased for the software usage. You are responsible for building your website, this is a Do It Yourself website builder. We provide help when you need it, just email us and ask but it is your responsibility to build the site. For example. You cannot purchase a yearly website plan and then when your following year is due you cannot say that you do not feel you should pay for another year because you did not work on the site and you did not use the site and you feel like you should get the site for free for your second year. If you do not wish to have the site after your first year, you are free to cancel, but you will NOT be given a refund for the year that the site was hosting here, whether you used it or not. Our end was full-filed, we provided the sitebuilder software and the hosting service so you are responsible for paying for that website. If you do not want to pay for your second year or following month, you can cancel at anytime and your account will be closed. We will not give you another year or another month free simply because you did not use the website, all of the tools were provided for you to build your site, the software, the hosting, the license, the hep files and the customer support. If you do not pay your account will be closed and your site will be removed from our servers and all data will be lost.

CREDITS/COPYRIGHT

All credits on the bottom of websites stating that the site is powered by or hosted by Designer 218 must be kept in tact. If you cannot keep the credit in tact due to custom template then you must do one of the following: Manually add text on the bottom of your homepage or a banner linking to our website. Removing these credits in any way violates our terms of service.

Please note that all ideas, graphics, templates, codes, files or wording on our site or within our sitebuilder files are not public domain and may NOT be copied, taken or re-distributed. If you cancel your service with us and move to another host you may NOT take our sitebuilder files or templates with you. If we see that our sitebuilder files have been moved to a new hosting company we reserver the right to remotely login with master access and disable the license key preventing the site from working. Some hosts claim to be able to host your site as it is with the current sitebuilder and template files and this is a violation of our terms of service and we will pursue action against the host and or you. They can legally move shareware or open source softwares such as zen cart or oscommerce but not our software as it is not a free open source software. Your new host must purchase our software from our software developer and a license to use it with your website in order to back up your website files and upload them to their hosting. They cannot take or use our built in templates (they will have to code you a new template to use) or any coding or special modifications we have done to our software.  If you have a custom template you purchased from a designer you may take that one with you. Taking our sitebuilder files or templates is illegal and copyright infringement and action will be taken if you do not remove our files from unauthorized hosting.  We reserve the right to immediate termination of your website  if we find that you have stolen any of our files from our website builder, no exceptions! Our sitebuilder files, templates or any custom works are not for your personal or business use other then on your own website hosted by us only. If you leave our sitebuilder/hosting you cannot take the sitebuilder files or  our pre-built in templates for use with another host. If you or your new website host have any questions about this feel free to contact us. If your new website host claims that they can do this you should have them read our terms of service and contact us before we find out they have done it and take action.

DOMAIN NAME REGISTRATIONS

Domain Names purchased through Designer 218 are not refundable under any circumstances! Designer 218 holds no liability for the domain name. Domain names will be renewed annually and you will be responsible for the annual renewal costs before your domain name expires. If you do not wish to have your domain name renew then you must contact us to cancel your renewal or else your domain name will be automatically renewed. No refunds will be given for domain renewals or registrations as these can not be "un-registered" or "un-renewed" by our registrar. All domain registrations and renewals are final. This includes mistakes or spelling errors made by you.

If you have any questions or concerns about our terms of service please contact us before you sign up to have them answered.