Designer 218 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. 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 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. 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 and we do not provide customer service on thrid party software or programs.
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.
BILLING:
You will be billed in accordance with the billing option you chose when registering for our service. 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 hosting service 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. Once your account reaches 30 days past due a late fee of $5 will be added to your account and it will be suspended. A suspension will result in your website and email ceasing to function until your balance is paid. If your account remains unpaid after 5 days of being suspended, 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) 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 descression 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 and licencing 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 responsibe 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 responsibilty 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 eligable for a refund because you never worked on it. We have help fies thorughout 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 buider. 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. 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 will result in copyright violation. 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.
