Subject to your compliance with these Website Design Terms, we will use commercially reasonable efforts to build a website for you based on the content, information, and instructions you provide to us (each a "Site"). In building your Site, we may also use, and you hereby authorize us to use, content available on your BuildZoom profile or elsewhere on the Internet, such as your profiles on other websites. We will use commercially reasonable efforts to purchase a domain for your Site (see Section 5 for more information concerning domain name registration) and publish the Site when it is complete. Once the Site is published, you can request reasonable changes within the agreed scope of the Website Services at any time by emailing us (e.g., discrete changes to fonts, colors and images used on the Site). While we will endeavor to accommodate such requests, we may elect in our discretion not to incorporate or implement such changes and, for clarity, the Website Services do not include broad, large-scale changes such as redesigning an entire Site. In BuildZoom’s discretion, and subject to any additional fees BuildZoom may impose, the Website Services may also include additional services such as creating a Facebook page or a Google My Business listing.
In exchange for continued use of and access to the Website Services and your Site(s), you agree to pay the applicable monthly fee(s) determined by BuildZoom in our sole discretion and described by BuildZoom during a telephone call regarding the Website Services, by written means, or through a self-service checkout page, as applicable ("Fees"). Through our payment processor Stripe, Inc., we will charge Fees to the credit card associated with your account until you cancel the Website Services. In addition to these Website Design Terms, such charges are subject to Stripe’s Services Agreement and Privacy Policy. You agree to maintain current and accurate credit card information for billing purposes. Fees must be paid up front and in full. BuildZoom reserves the right to suspend or terminate your access to Website Services and your Sites(s).
BuildZoom reserves the right to change its Fees at any time. We will notify you if such change may affect the price you pay for the Website Services. At the conclusion of any discount or other promotional offer period, including free trials, BuildZoom shall have the right to automatically and without notice renew your subscription to the Website Services and charge the full Fee then in effect.
To the extent permitted by law (and unless specified otherwise by BuildZoom in writing), Fees exclude all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities ("Taxes"), and you shall be responsible for payment of all applicable Taxes relating to your use of the Website Services or your Site(s). If BuildZoom is obligated to collect or pay Taxes for the fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the bill or invoice for such transaction.
These Website Design Terms will remain in effect until terminated by either you or us. Sections 5-9 shall survive any termination. You may terminate these Website Design Terms at any time by contacting BuildZoom by telephone at 844-329-5737. BuildZoom must receive your termination request at least two (2) days before your next payment is due in order to avoid further charges. No refunds or credits will be provided if you terminate these Website Design Terms. Unless otherwise agreed by the parties in writing, you will lose all access to your Sites.
Termination of these Website Design Terms may cause or result in the loss of certain content, features, or capacity of your Site(s), including any associated data retained therein, and including any domain name reservation or registration that was included in the Website Services ("Capacity Loss"). BuildZoom shall not be liable in any way for such Capacity Loss, or for saving a backup of your Site(s) or associated data. Additional Fees may apply to re-activation of your Website Services, as determined by BuildZoom in its sole discretion.
We reserve the right to change, suspend, discontinue, terminate, restrict or disable your use of or access to, parts or all of the Website Services and your Site(s) or their functionality at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of part or all of the Services if you violate these Website Design Terms or the Terms of Service (or any terms incorporated by reference therein). We will endeavor to provide you reasonable notice upon suspending or terminating part or all of these Website Services.
You may provide us with content, including without limitation text, photos, images, audio, video, names, trademarks, service marks, logos, code and any other materials ("Content"), to facilitate our provision of the Website Services to you. You retain ownership of your Content. However, when you provide Content to us, you grant BuildZoom, our subsidiaries, affiliates, successors, and service providers (including our third party hosting providers) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make to your Content to improve your Site(s)), communicate, publish, publicly display, publicly perform and distribute Content as we wish in our sole discretion. This license includes, for example, the right to use Content on www.buildzoom.com or on any other site operated by BuildZoom ("Our Sites"), or for marketing purposes.
We reserve the right to indicate on your Site(s) that it was built by BuildZoom, such as by including a "Powered by BuildZoom" or similar designation and/or linking to Our Sites or these Website Design Terms on your Site(s). We may choose to feature all or portions of your Site(s) on Our Sites, on any of our social media pages, or in our marketing materials. You waive any claims against us relating to any moral rights, artists’ rights or any other similar rights worldwide that you may have in or to your Site(s) or Content. You also waive any right of inspection or approval of any such use.
If you provide any feedback, ideas, or suggestions ("Feedback"), you agree that we may use such Feedback without any restriction or obligation to you, even after these Website Design Terms are terminated. Such use may include, for example, including portions of your Feedback in marketing materials or customer testimonial webpages.
We will also use commercially reasonable efforts to purchase and register an Internet domain name for your Site through a service provider responsible for domain name allocation (the "Registrar"). Our Registrar is currently Google Domains. Accordingly, in addition to these Website Design Terms, you are subject to Google’s Terms of Service and Privacy Policy. BuildZoom reserves the right to utilize another Registrar at any time. If we do so, the terms and conditions of the alternative Registrar will also apply to these Website Design Terms.
Subject to applicable limitations and timing restrictions, you may request that we transfer a domain name to you, and you may transfer domain names to us. In either case, you will be responsible for any associated fees.
The registrant and technical contact for all domain name registrations will be BuildZoom, Inc. Before applying for a domain name, it is your responsibility to check that the domain name does not violate the rights of any third party or contravene any applicable law, rule or regulation. BuildZoom is in no position to influence the allocation of the domain name by the Registrar. We cannot guarantee that the requested domain names will be allocated to you or that allocated domain names are free of third-party rights, nor can we guarantee their continued existence. Any information we provide regarding the availability of a domain name is based on the data provided by third parties at the time that information is requested. The domain will not be deemed as allocated until it is registered and entered in the database of the Registrar.
Maintaining accurate and current contact and billing information is a mandatory condition of maintaining your Website Services. Please note that if your billing information, including your current credit card information, is not current, we will not renew your Website Services and they may subsequently expire.
On certain occasions, domain name registrations may become the subject of a legal challenge. In addition to your indemnification obligations in the Terms of Service, if BuildZoom is made a party to any legal action by virtue of one of your domain name registrations, you agree to be responsible for all of BuildZoom’s costs and legal fees, including attorneys’ fees, and to indemnify and hold BuildZoom harmless from any action. If BuildZoom is notified that a complaint has been filed with a judicial or administrative body regarding your domain name, BuildZoom may, at its sole discretion: (a) lock or suspend your ability to use, make modifications to, or transfer your registration records; and/or (b) deposit control of your registration record with the appropriate judicial entity by supplying a registrar certificate from us.
You must notify us immediately if you lose the rights to a domain name registered by BuildZoom on your behalf.
Your use of our domain services is subject to the policies, including without limitation the dispute resolution policies, of the Internet Corporation for Assigned Names and Numbers ("ICANN"). You have certain rights and responsibilities as a domain name registrant under ICANN’s Registrant’s Benefits and Responsibilities. You can learn more about domain name registration in general here.
You use the Website Services and your Site(s) at your sole risk. In addition to the disclaimers set out in the Terms of Service, which are incorporated herein by reference, you specifically acknowledge that the Website Services and your Site(s) are made available to you on an “as is” basis. BuildZoom specifically disclaims all express, implied, or statutory warranties regarding Sites and the Website Services. In particular, BuildZoom makes no warranties or representations that the Sites or Website Services will: (a) be completed or updated in a timely fashion; (b) operate without interruption or error and, in particular, any information or content uploaded to a Site by BuildZoom may not be accurate or correct and any messages or communications sent by your Site visitors through a contact form provided on a Site may be lost or delivered late; (c) meet your requirements or expectations, including with respect to search engine optimization ranking; (d) be secure or free from viruses or other harmful components; (e) be suitable for or compatible with any of your (or your Site visitors’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time); or (f) comply with any laws applicable to you or your Site visitors (including in any jurisdiction in which you operate). No advice or information, whether oral or written, obtained by you from BuildZoom, shall create any warranty.
We are not responsible for any damage, loss of data, customer information, vendor data, or revenue, or other harm arising out of delays, mis- or non-delivery of information, restriction or loss of access, bugs, errors, or unauthorized use resulting from you sharing of access to your Site(s) or the Website Services or other improper interaction with your Site(s) or the Website Services. We cannot control and are not responsible for any spam, unsolicited communications, or unauthorized and potentially harmful communications you may receive through your Site’s contact form or otherwise after your Site is posted. We do not back-up any of your Content, data, or your Site. You are responsible for maintaining and backing-up your Content, data, and information that may reside on your Site(s) or the Website Services. Any material downloaded or otherwise obtained through the use of the Website Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
You acknowledge that, without limitation, your use of the Website Services is subject to the Limitation of Liability, Indemnification and Dispute Resolution By Binding Arbitration provisions in the Terms of Service. In addition, BuildZoom shall not be liable for any damages, costs, or fees, under any theory, related to attempts by third parties to hack or access your Site(s) or the Website Services without authorization or to exploit any gaps or holes in the security of your Site(s) or the Website Services.
We reserve the following rights, which we may exercise at any time in our sole discretion and without liability or notice to you (except where prohibited by applicable law): (a) we may change parts or all of the Sites or Website Services and their functionality; (b) we may suspend or discontinue parts or all of the Sites or Website Services; (c) we may terminate, suspend, restrict or disable your access to or use of parts or all of the Sites or Website Services; (d) we may terminate, suspend, restrict or disable your access to the Sites or Website Services; and (e) we may change our eligibility criteria to use or access the Sites or Website Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Sites or Website Services in that jurisdiction).
Where ownership of a Website Services account or Site is disputed between parties, such as a business and its employee, we reserve the right, at any time and in our sole discretion, and without notice to you, to determine the rightful account or Site owner and to transfer ownership accordingly. Our decision in that respect is final. If we feel that we can’t reasonably determine the rightful owner, we reserve the right to suspend an account or Site until the disputing parties reach a resolution. We also may request documentation, such as a government-issued photo ID, credit card invoice or business license, to help determine the rightful owner.