Please read the following terms and conditions fully. By purchasing a membership, you are acknowledging that you have read and agree to all terms and conditions.

License
DotComBuilder grants you a nonexclusive limited license to use the web designs, banners, software and other products downloadable through DotComBuilder in accordance with these Terms and Conditions.

a) USE OF MEMBERSHIP
Your Membership is nontransferable. You agree that only You and your immediate family may use the Membership. "Immediate Family" means You, your spouse and your children living at your home. You will promptly notify us if You become aware of any unauthorized use of your Membership. All entrances are recorded. If you give you username and password to anyone else or allow others to enter, your membership will be terminated.

b) DEVELOPERS AGREEMENT

To receive a developers license, your subscription creation date must be prior to September 1, 2007. All other subscribers, have a personal license only.

You must have a developers license to develop TURNKEY WEBSITES for anyone other than immediate family. If you develop any TURNKEY WEBSITES from Dotcombuilder for clients, you must sell the TURNKEY WEBSITES fully-developed, hosted and with a domain. To clarify, this means that you must provide a domain and hosting with every TURNKEY WEBSITE sold. You may not resell any TURNKEY WEBSITES as undeveloped, compilations, memberships or templates. As with your username and password, the websites may not be distributed for free. Only you have a reseller's license as a member of DotComBuilder. Once your membership has expired, your developers license has also expired. Selling a website to someone else, does not automatically give them a resell license. They are allowed to sell their one website, if they like, but they are not given the right to resell the website more than once. These protections are for the benefit of licensed developers.

1. If you develop TURNKEY WEBSITES for sale on eBay, the websites must be already developed in full before the auctions end.
2. TURNKEY WEBSITES sold on eBay are hosted on the domain that they will be sold with prior to the auctions end.
3. Dutch and standard auctions for buyers choice of design, style, type of site or domain is not allowed.

Auctions promoting the sale of the WEBSITE TEMPLATES and MYSITESBUILDER SITES are NOT ALLOWED. Sales of WEBSITE TEMPLATES and MYSITESBUILDER SITES of any kind are not allowed. WEBSITE TEMPLATES and MYSITESBUILDER SITES are for your personal use only.

The designs nor any part of the designs, can not be a part of any archive. You can not use any element (button, logo, image, etc) to integrate into any design that will be a part of an archive or membership website.

Unless the above terms are met, the terms of service will be considered in violation.

c) MODIFICATIONS
You are authorized to make any necessary modification(s) to the DotComBuilder website designs. Customization and modifications do not overwrite the original copyright ownership of DotComBuilder.

d) ASSIGNABILITY
You may not sub-license, assign, or transfer this license to anyone else.

e) OWNERSHIP
You may not claim intellectual, copyright or exclusive ownership to DotComBuilder products, modified or unmodified. All products are property of DotComBuilder.

f) ACCESS TO YOUR ACCOUNT
In order to permit Us to protect the quality of our site and services, You hereby consent to Our employees being able to access Your account and records as necessary to investigate complaints and other allegations or abuse. We shall not disclose the existence or occurrence of such an investigation unless required to by law.

g) LENGTH OF MEMBERSHIP
The length of your membership will be for 3 months, 6 months or 1 year based upon your selection. During this time period, you will have full access to updates, all products and resale rights. During your membership period, you can create unlimited TURNKEY WEBSITES. WEBSITE TEMPLATES are limited to 5 downloads a day for personal usage only. Once the has passed, you will have the option to renew access at the current price. If you choose not to renew, all access and resell rights are terminated at that time. Continue use of any of these privileges, will be considered a copyright violation and theft and basis for legal action.

h) UNAUTHORIZED USE
All of the following will be considered unauthorized use and will be a basis for termination:
1. You may not place any of our products, modified or unmodified, on a diskette, CD, website or any other medium and offer them for redistribution or resale unless the websites are fully-developed, hosted and with a domain.
2. You may not share your username and password.
3. You may not distribute any products for free.
4. You may not copy text or images not deemed for resell including but not limited to instructions, software, and DotComBuilder interface and images.
5. You may not use the DotComBuilder servers for spam, adult material, harassment or any illegal content or activity.
6. You may not use bots or software to scan and download the member's area.
7. You may not provide false or misleading information concerning your identity.
8. You may not resell any scripts or programs without a fully developed website and domain.

i) FEES
As consideration for the services you have selected, you agree to pay to us the applicable membership fees through our authorized payment processors. All fees payable hereunder are non-refundable. As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). You, by completing and submitting this Agreement represent that the statements in your application are true.

j) PREMIUM MEMBERSHIP
1. Premium Membership Sales Platforms may not be leased or resold to any other party.
2. All Sales Platforms must remain hosted on your DotComBuilder Reseller Hosting Account.
3. All websites sold from your Sales Platform must be sold fully developed with domain and hosting.
4. All websites sold from your Sales Platform must maintain a standard and fair price value of no less than $29 USD. There is no maximum price value.
5. Your Premium Membership one-time set up fee applies only to the creation and use of your Sales Platform. In order to continue use of your Sales Platform and Premium Membership status, you must maintain a standard DotComBuilder Membership.
6. You have the opportunity to change your Sales Platform design at any time. If you choose to do so, there will be a $25 charge for this service.

Denial of Access
The terms of service constitute an agreement that is effective unless and until terminated by Us. If you fail to comply with any term or provision of this Agreement, You agree that We, in our sole discretion, may terminate your access to our Site.

Modification of Terms of Service
We reserve the right to change or modify the terms of service at any time and your continued use of this Site will be conditioned upon the terms of service in force at the time of your use.

Copyright & Trademark Notices
You acknowledge that Our Site contains information, software, photos, video, text, graphics, music, sounds or other material (collectively, "content") that are protected by copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protect in all forms, media and technologies existing now or hereafter developed. All images and text in DotComBuilder.com are copyrighted by DotComBuilder.com. Use of any images or text from this website, will result in a termination of your membership.

To assist members in reselling websites, usage of screencaptures and ads posted in the "Resell Website" area for the purpose of assisting in reselling your websites are allowed, however, the use of the DotComBuilder.com design, interface, navigation, images and text are not allowed.

The usage of other member's auction ads and other online advertisements is strictly prohibited and violates their copyrights. Please do not copy other members. You may use the text or images taken from the tools that DotComBuilder offers in the "Resell Website" area, but you may not copy any added text, information or images listed on other member's online advertisements.

All of DotComBuilder Turnkey Websites and Website Templates are created by in-house and contract designers and programmers. Our programmers are given specific criteria for code compilation with regards to use of original or GPL coding only. Our designers are provided with images from photographic agencies that we have licensing agreements with. We expressly prohibit our designers or programmers from using materials that infringe third party intellectual property rights in their products. We encourage intellectual property rights owners to contact us if they believe that a product has infringed their rights. All valid notifications will be investigated. If a violation is found, the product will be removed from our catalog.

If you believe that your intellectual property rights have been infringed upon by a programmer or designer, please provide us with a notification that contains the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other rights that have been allegedly infringed.
• The URL or product number used in connection with the sale of the allegedly infringing merchandise. This must be a link to a specific design or website.
• The URL to the place in which you are currently using or listing the the product for sale (if applicable).
• A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent or the law.
• A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright or other right that is allegedly infringed.

Third Party Licenses (GPL)

DotComBuilder provides access to scripts that may be covered by GPL. In this case, the GPL license would override the terms as stated at DotComBuilder.com. The GPL license covers the script itself and not the custom designed theme.

Third Party Links
To enhance the value of your Membership, we may display links to websites sponsored by third parties ("Third Party Sites"). If you click on one of these links, you will be taken to a website not controlled by DotComBuilder. The Third Party Sites may contain information, affiliate programs or software that is important to the website creation process. DotComBuilder is not responsible for the content or operation of Third Party Sites reached by virtue of such links.

IN ORDER TO USE THIS SITE, YOU MUST HAVE ACCESS TO THE WORLD WIDE WEB, EITHER DIRECTLY OR THROUGH DEVICES THAT ACCESS WEB-BASED CONTENT. IN ADDITION, YOU MUST PROVIDE ALL EQUIPMENT NECESSARY TO MAKE SUCH CONNECTION TO THE WORLD WIDE WEB, INCLUDING A COMPUTER AND MODEM OR OTHER ACCESS DEVICE. YOU ARE SOLELY RESPONSIBLE FOR ALL CHARGES ASSOCIATED WITH CONNECTING TO THIS WEB SITE THROUGH AN AVAILABLE ACCESS NUMBER.

Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Entire Agreement
This Agreement contains all of the Terms of Membership and no representations, inducements, promises or agreements concerning the Membership not included in this Agreement shall be effective or enforceable. If any of the terms of this Agreement shall become invalid or unenforceable, the remaining terms shall not be affected.

Infancy
You attest that you are of legal age to enter into this Agreement

Governing Law
This Agreement and the Terms of Membership shall be governed and construed in accordance with the laws of the State of Missouri without giving effect to the choice of law provisions thereof. Any dispute arising between You and Us will be resolved by submission to arbitration in Jackson County, State of Missouri in accordance with the rules of the American Arbitration Association then in effect. Notwithstanding the foregoing, nothing in this Agreement is intended or shall be construed to negate or otherwise affect the consumer protection laws of the state in which You reside.