Please read the following terms and conditions fully. By purchasing, you are acknowledging that you have read and agree to all terms and conditions.
License
DotComBuilder grants you a non-exclusive limited license to use the Hosting Management Platform, Website Builder and available content, web designs, software and other products through DotComBuilder in accordance with these Terms and Conditions.
a) USE OF LICENSE
Your Membership is nontransferable. You will promptly notify us if you become aware of any unauthorized use of your license. All entrances are recorded. If you give you username and password to anyone else or allow others to enter, your license will be terminated.
b) LICENSE AGREEMENT
You must have a license to USE, PROMOTE OR MARKET any services or software available through DCBv2. Access to the DCBv2 Website Builder can only be given if offered with another complimentary service such as hosting or domain registration. You may not resell any services, websites or software as undeveloped, compilations, or templates. As with your username and password, the services available through DCBv2 may not be distributed for free. Only you have a license. Once your license has expired, due to cancelation or non-payment, your Hosting Management Platform and Website Builder will be suspended and all promotion or marketing of such services is a violation of your license. If your license is suspended for any reason, you must pay the standard set up fee to unsuspend your services. Your clients are in no way allowed to sell or resell websites developed through DCBv2.
c) MODIFICATIONS
You are authorized to make any necessary modification(s) to the Hosting Management Platform provided to you. 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 LICENSE
The length of your license will be monthly. During this time period, you will have full access to updates, all products and services. Once the has passed, you will have the option to renew your license at the current price. If you choose not to renew, all access and 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.
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.
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.
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. |