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Terms & Conditions of Use for ChandlerWebDesign.com
PLEASE READ THESE TERMS AND CONDITIONS OF USE AND THE PRIVACY POLICY IN THEIR ENTIRETY BEFORE USING THIS WEBSITE.
These terms & conditions of use are an agreement between ChandlerWebDesign.com and Users of its website (“you” or “User”). This agreement (the “Agreement”) also governs your use of the products and services made available to you by Chandler Web Design, through its website ChandlerWebDesign.com and will collectively be termed Chandler Web Design throughout this document. By clicking on the button marked “I agree to the terms and conditions” during the registration process or by using Chandler Web Design, you acknowledge that you have reviewed and agree to all of the provisions, disclosures and disclaimers in this Agreement and agree to be bound by them in connection with your use of Chandler Web Design. The website(s) created through the Chandler Web Design system by you shall be hereafter referred to as UserSite(s).
Restriction Regarding Age & Nature of Uses
You must be at least 18 years of age to use Chandler Web Design. You agree to be solely responsible for (i) maintaining such controls over the use and/or access to your account on Chandler Web Design by minors in your family and (ii) limiting access to your computer or login to the extent necessary to restrict use to adults with your permission. Chandler Web Design may not be used by any automated device or automated computational machine. Chandler Web Design may only be used or accessed through an electronic device under the manual control of User at all times.
Our Terms and Conditions
BY USING OUR WEBSITE AND OR SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE FOLLOWING TERMS AND CONDITIONS.
You (the “User”), by using, accessing, or attempting to interact with ChandlerWebDesign.com, UserSite(s) or other Chandler Web Design software, services, websites, or any of their licensees services or software (collectively hereafter referred to as “Services”), agree to be bound and abide by the terms and conditions of this Agreement.
1.
Overview
You agree that the Services, which includes all software and documentation, both electronic or printed media, contain copyrighted material, trade secrets, patent pending material, and other proprietary intellectual property. The Services are the proprietary property of Chandler Web Design They are protected by copyright, trade secret, and patent laws, and other proprietary rights and laws, and they may only be used or accessed as specifically provided for in this Agreement.
– You agree that you will only use the Services if you are a person over 18 years of age.
– You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any programming code or any source code or any design used in or with Chandler Web Design.
– You agree that you may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in Chandler Web Design (which includes its software and documentation), create derivative works based on or in any manner commercially exploit Chandler Web Design in whole or in part.
– You agree that violations by you, any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections, or the terms of this Agreement will be prosecuted to the fullest extent of the law in the federal and state courts located in Maricopa County, Arizona.
– You agree that Chandler Web Design is offered on an “as is” basis and is to be used by the User solely at his or her own risk. No warranties are made or implied by Chandler Web Design and you agree not to hold Chandler Web Design responsible regarding the usabilities of the Services or inability to use the UserSite(s) or the Services at any time or for any loss of information, revenue or business regardless of reason.
– You agree that user-specific information provided by User in connection with Chandler Web Design shall be used by Chandler Web Design to provide services and features to the user and to maintain the associated UserSite(s).
2.
LIMITATION OF LIABILITY.
IN NO EVENT WILL Chandler Web Design, ITS SUPPLIERS OR LICENSORS, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES AND EACH OF THEM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES OR LOST PROFITS OR DATA, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF OR RELATED TO YOUR OR ANY THIRD PARTY’S CLAIMS (INCLUDING, BUT NOT LIMITED TO, RELIANCE ON OR THE USE OF, DELAY IN BEING ABLE TO USE, LOSS OF PERSONAL DATA ON OR INABILITY TO USE, THE WEBSITE, THE MATERIALS IT PROVIDES, OR ANY OTHER HYPERLINKED WEBSITE OR ANY THIRD-PARTY PRODUCTS OR SERVICES) REGARDLESS OF LEGAL THEORY, EVEN IF Chandler Web Design OR Chandler Web Design HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY WHICH DYNAMIC APPLICATION SERVICES, INC, ITS SUPPLIERS, AND ITS LICENSORS, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES AND EACH OF THEM MAY INCUR FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS SECTION WILL APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES LIABILITY DESPITE THIS EXCLUSION AND LIMITATION.
3.
Acceptable Use of Website and Services
Chandler Web Design does not allow any of the following content, or links to such content, to be published on the Service or UserSite(s):
o Content of a pornographic, sexually explicit, or violent nature.
o Content of an illegal nature (including stolen copyrighted material).
o Pirated software sites, including cracking programs or cracking program archives.
o Content with the sole purpose of causing harm or inciting hate, or content that could be reasonably considered as slanderous or libelous.
Users found to be posting any of the above content on their sites will be notified using User’s current email address on file, and given a 48-hour grace period to make any corrective actions. If no corrective actions are taken, Chandler Web Design will suspend the services of the member account until a resolution is met between Chandler Web Design and the User. A repeated violation of this Policy may cause cancellation of service without refund of any fees and the User to be banned from future use. Chandler Web Design reserves the right to cancel or deny any User’s service or account at any time, with or without cause.
In addition, Chandler Web Design does not allow any of the following:
o Users may not use the Service as a remote storage server only.
o Users may not access the Service through automated methods. Use of robots or other computer code which calls the Service, except where explicitly allowed, is absolutely forbidden.
o Users must exercise caution when hosting large downloads (>10MB). Chandler Web Design reserves the right, at its own discretion, to refuse to host any large or large number of downloadable files.
o Users may not send unsolicited messages (also known as junk mail or SPAM) to promote any UserSite(s) published on the Service.
Users are not permitted to knowingly allow another website or hosting server to link to content files stored on Chandler Web Design servers. Users deemed to be using the Service solely as a remote storage server will have their account immediately terminated and will have all files associated with their account permanently removed.
The final choice of whether an account is in violation of any of these policies is at the sole discretion of Chandler Web Design
Violation of any of these policies may result in tracking information being stored to identify the offending user, and permanent restriction from holding an account on the Service.
4.
Cancellation / Chargeback / Refund Policy
0. No refunds for late account cancellations. Cancellations must be made through the website prior to the next billing period. If login information is lost or the website login area is not functioning for any reason and the User is unable to cancel the account through the website, it is the User’s responsibility to notify ChandlerWebDesign.com of this issue prior to the end of the billing cycle.
1. Free Trial Period Cancellation. Chandler Web Design free trial account, allows you to evaluate the service for a period of 30-days. Although credit card information is collected to initiate a trial account, charges will only be applied if the account has not been cancelled through the User login area before the last day of the free trial period.
2. No Phone Cancellations. Cancellations must be made by the User through the website and are not accepted over the phone.
3. If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will credit your account or credit card account for the appropriate amount within 7 business days.
4. Chandler Web Design has a zero-tolerance policy for invalid chargebacks. Any User who disputes a credit card payment that is found to be valid may be permanently blacklisted and barred from use of the Service. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to credit reporting agencies.
5. No Refund for unused portion of account or early contract cancellations. If you pay in advance for a monthly, quarterly, semiannual or annual account and cancel before the end of your time period, there are no whole or partial refunds.
Cancellation, Charges & Refunds:
Cancellation/Refunds. The free trial allows you to evaluate the service for 30 days. Credit card information is collected to initiate the trial account. Our monthly membership charge will occur if the account has not been cancelled before the end of the trial period. This monthly fee will recur every 30 days, and your membership will continue until you choose to upgrade or cancel your account. There are no refunds after a charge has occurred.
5.
Free Trial Cancellation Policy.
If you forgot your password, please use the forgotten password feature on the login page. You may also email us at support@ChandlerWebDesign.com Monday through Friday during regular business hours (MST), however we are not responsible for missed deadlines.
How to Cancel:
You may log-in to your account and cancel at any time through the website. We do not allow our agents to cancel accounts over the phone or ask for your password. This is for security purposes!
6.
Temporary Use License Granted
A. Only for the duration of being logged into the User’s valid Chandler Web Design account, the User is granted a non-exclusive, non-transferable temporary license, subject to the terms and conditions of this Agreement, to use the Services.
B. A valid Chandler Web Design account may only be created and maintained by a User who fully provides valid personal information about the User in the registration process. To maintain a valid account, the User must regularly update such information to assure its accuracy, and the User must always comply with the terms of this Agreement.
C. The User is not granted a license or any other right to store any of the Services (including any portion of the software or documentation) on any computer or other device, or copy or otherwise use such information to create derivative works.
D. Pre-written content provided on the website templates is copyright protected and provided by Chandler Web Design for use on UserSite(s) only for the duration of the User’s active, valid account and may be used by multiple different Users at any given time. The content may not be reproduced or used on any other website or materials outside of active Chandler Web Design UserSite(s).
7.
Usage of Free Domain Names and Email Accounts
0. Free domain name(s) associated with a User’s account are provided by Chandler Web Design as Free for use during the term of the User’s uninterrupted, paid account, are the property of Chandler Web Design Upon cancellation or termination of an account, User will no longer have access to the domain name. As owner of the domain name, Chandler Web Design may do as it desires with the domain name including reusing, selling, trading or holding the domain at its sole discretion.
1. Should a User desire to purchase the domain name from Chandler Web Design, it is recommended they call prior to canceling the account to discuss such possibility.
2. Any email accounts associated with a domain name that was provided to the User for Free use by Chandler Web Design during the term of the User’s uninterrupted, paid account will become immediately deactivated upon cancellation or termination of the User account and all emails may be permanently lost. Therefore, it is advised to copy any important emails you may have that are associated with the Free domain name prior to account cancellation or termination.
8.
Subscription Fees, Billing & Other Costs
0. User agrees to a monthly service (User) agreement term with Chandler Web Design
1. User can opt to upgrade the service agreement at any time during User’s contracted term.
2. Downgrade of a service agreement is only allowed at the end of the contract and prior to the start of the new contract.
3. At the end of the contracted term, the agreement will automatically renew indefinitely or until explicitly cancelled by the User. Cancellation must be made via the User’s online account at ChandlerWebDesign.com. Cancellation must be done at least one (1) day prior to the end of the contract term.
9.
Material and Products
0. Chandler Web Design and its Partners provide Services on an “as-is” basis.
1. Chandler Web Design shall make no effort to validate any information provided by the User for use with Services for content, correctness or usability on UserSite(s).
2. Use of the Services requires a certain level of knowledge in the use the Internet and World Wide Web. The User is expected and required and acknowledges to have this level of knowledge.
3. It is not the responsibility of Chandler Web Design to provide free support for the User in the use and operation of ChandlerWebDesign.com.
4. Only services and features clearly indicated as “free” or “no charge” are free or without charge. All other applications, features, functionality and support provided by Chandler Web Design and its partners are provided for a fee and the User is liable for such fees.
5. Unless expressly agreed to via signed contract under our Chandler Web Design Reseller Program, the User may not rent or lease or provide the Services (including any software or documentation used by or with the Service) to any third party.
6. The User may not decompile, disassemble, reverse engineer, copy, create a derivative work, or display the Software code in human readable form, or otherwise use the Services (which includes its software and documentation) except as explicitly provided for in this agreement.
7. The User may not store, publish, or give the Services (including software and documentation) to others, or otherwise enable its use by others unless under current contract with our Chandler Web Design Reseller Program.
10.
ChandlerWebDesign.com Etiquette and Privacy
0. Electronic forums such as mail distribution lists and news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution.
1. The network resources of the Services may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Chandler Web Design.
2. All messages transmitted via the Services should correctly identify the sender; Users may not alter the attribution of origin in electronic mail messages or posting.
3. All users shall not attempt to undermine the security or integrity of computing systems or networks of Chandler Web Design., Inc., its websites, Partners, or those accessed through or with their product, and must not attempt to gain unauthorized access.
4. All user-specific information provided by user in connection with Services shall be governed by the Chandler Web Design Privacy Policy (located at https://www.ChandlerWebDesign.com/privacy-policy/). User understands and accepts all terms and conditions contained within the Chandler Web Design Privacy Policy.
5. Chandler Web Design. reserves the right to terminate any account that does not include a valid email address on file. This email address must be stored in the profile for the administrative account within User’s website on the Chandler Web Design system.
11.
Taxes
0. Chandler Web Design shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from or by the User or through the Services.
1. The User takes full responsibility for all taxes and fees of any nature associated with Services used or products purchased.
12.
Lawful Purpose
0. Services provided to or used by the User may only be for lawful purposes.
1. Transmission, storage, copying, or modifying any material or other actions by User in violation of any Federal, State or Local regulation is prohibited.
A. This includes material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets.
B. This also includes, but is not limited to, material protected by copyright, trade secret, or any other statute, threatening material, or obscene material.
2. Users are prohibited from using the Services for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic, or illegal material, or any other material which Chandler Web Design deems, at its sole discretion, to be objectionable, including, but not limited to, propaganda, disinformation, pornography, satanic materials, and any and all materials of offensive or of an adult nature. This also includes links or any connection to such materials. The designation of any materials as such described above is left entirely to the discretion of the Chandler Web Design management.
3. The User agrees to indemnify and hold harmless and defend Chandler Web Design from any claims resulting from the User’s use or User’s allowed use by others of the Services which damages either Chandler Web Design its officers, its employees, its directors, its partners, or another party or parties.
13.
Indemnification
0. You agree to indemnify and hold harmless Chandler Web Design, Inc.., its affiliates and their respective officers, directors, agents, and employees from and against any claim, demand, or cause of action, including any (including attorneys fees) arising out of claims based on any aspect of your use of the Website and Materials, including without limitation, (i) your failure to comply with these Terms & Conditions of Use; and (ii) your infringement, violation, or misappropriation of any third party rights or any applicable law or regulation.
14.
Limited Liability
0. User shall defend, indemnify, save and hold Chandler Web Design (including, its agents, its clients, its servants, officers, directors and employees) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against them, that may arise or result from any service provided or performed or agreed to be performed or any product used or sold by or to User, its agents, employees or assigns.
1. User shall defend, indemnify and hold harmless Chandler Web Design (including, its agents, its clients, its servants, officers, directors and employees) against any and all Liabilities caused directly or indirectly the User or any person who User allows to access the Services.
2. Under no circumstances, including negligence, shall Chandler Web Design (including, its agents, its clients, its servants, officers, directors and employees) or anyone else involved in creating, producing or distributing Chandler Web Design Services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Services (including ChandlerWebDesign.com and User websites); or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Chandler Web Design records, programs or Services. This paragraph shall apply to all content and functionality of ChandlerWebDesign.com and Chandler Web Design Services.
3. Notwithstanding the above, User’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which User paid directly to Chandler Web Design during the current month, except where such limitations are not enforceable.
4. Such limitations shall apply to Chandler Web Design total liability, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, communications failure, theft of destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
15.
Trademarks and Copyrights
0. User warrants that it has the right to use the any trademarks, processes, or other materials it uses with the Services, if any.
1. User warrants that its content does not infringe any third party copyrights or patents.
2. Pre-written content provided on the website templates is copyright protected and provided by Chandler Web Design for use on UserSite(s) only for the duration of the User’s active, valid account and may be used by multiple different Users at any given time. The content may not be reproduced or used on any other website or materials outside of active Chandler Web Design UserSite(s).
16.
Service Reliability and Warranties
0. Chandler Web Design., Inc. makes no warranties or representations of any kind, whether expressed or implied for the Services.
1. User’s, use of Chandler Web Design., Inc. Services are at User’s sole risk. Neither Chandler Web Design, its employees, directors, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Chandler Web Design or other Chandler Web Design Services will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Chandler Web Design Services, unless otherwise expressly stated in this Agreement.
2. Chandler Web Design disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the User, or viewers and users of User’s website or materials, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the User. Use of any information obtained by way of Chandler Web Design is at the User’s own risk, and Chandler Web Design specifically denies any responsibility for the accuracy or quality of information obtained through its Services.
3. Damages claims for unavailability of the Services against Chandler Web Design are expressly limited to the pro-rata portion of any monthly charge pre-paid by the User directly to Chandler Web Design for the period of the system unavailability. “System unavailability” shall be narrowly defined as an unscheduled outage of more than 2 hours, but in no case shall include outages for maintenance, upgrade or repair where Users are sent notice of such outages in advance via email or notice is posted on an Chandler Web Design Notices page.
4. Under no circumstances will Chandler Web Design bear any responsibility for any damages arising as a consequence of such unavailability as defined in item #3 above.
17.
Contract Revisions and Applicable Legal Jurisdiction
0. Revisions to this Agreement will be applicable to previous version of this Agreement. Revisions will be considered agreed to by the User continuing to use of or access the Services in any way.
1. Chandler Web Design reserves all rights for changes and/or modifications to the Services and rates and will communicate these changes to the subscriber within 30 days of their effect.
2. This Agreement constitutes the entire understanding of the parties, and is agreed to being entered into in the State of Arizona.
3. This Agreement shall be governed and construed in accordance with the laws of the State of Arizona and no party shall object to removal or prosecution of any litigation to a federal or state court in Arizona.
18.
Termination of Account
0. An account may be cancelled or terminated at any time by either party, without cause, and without notice.
1. If the User fails to comply with any of the terms of this Agreement or the intellectual property protections applicable to the Services, Chandler Web Design may seek legal prosecution of any violations of law or this Agreement and the User agrees to personal jurisdiction by the Courts in the County of Maricopa, Arizona.
2. Upon notice of termination of Services by Chandler Web Design to User via e-mail account provided in User’s personal information, or by voluntary termination of service by User, Chandler Web Design reserves the right to delete all data, files, or other information that is stored in the User’s account. It is the User’s sole responsibility to download or copy any such important information prior to termination of an account and should not expect any notice or reminder to do so from Chandler Web Design. Should an account be terminated for any reason, Chandler Web Design may hold user information for any period of time at its sole discretion. It is the User’s sole responsibility to contact Chandler Web Design, Inc. to gather any important information from the UserSite(s), however Chandler Web Design, Inc. makes no guarantee the User’s information will remain on file for any period of time after the account termination date.
3. Upon termination for any reason, all domain name(s) associated with the User’s account that were provided by Chandler Web Design for “Free” for use during the term of the User’s uninterrupted, paid account, shall be immediately relinquished to Chandler Web Design as these domains are the property of Chandler Web Design and may immediately be reused, sold, traded or held at its sole discretion. In addition, any email accounts associated with the domain name will also become immediately deactivated. Should a User desire to purchase the domain name from Chandler Web Design, it is recommended they call prior to cancellation to discuss the possibility.
19.
Scope of Agreement
0. Unless expressly noted otherwise, these terms and conditions are the entire terms and conditions of the User agreement and User agrees that by continuing to use the Services, that these terms and conditions supercede or replace any and all prior terms and conditions associated with the Services, files and applications available on or through the domain www.ChandlerWebDesign.com, sub-domains, and UserSite(s).
In such instance that any portion of these terms and conditions are found unenforceable, all remaining enforceable portions of these terms and conditions shall remain in effect.
