Terms and Conditions

Terms and Conditions

You may not use the Service to add links to any of the following:

* typo-squatting domains
* sites considered “spammy”, per Performancing’s judgment
* sites containing viruses, trojans, or other harmful or illegal material

Privacy

sitebuilder.ws is committed to protecting your privacy online. We value the privacy of our users. sitebuilder.ws will not provide any information about its users and/or their activity data to any third party company for any purpose, unless required to do so by law.

Data

By using the Service, you agree to allow sitebuilder.ws to add links from random domains to your websites containing the information you provided. Your data is private and confidential, unless you decide to make it public.

Payments

The subscription plans are billed in advance on a monthly basis. All plans automatically recur at the monthly interval.You can cancel your subscription at any time by contacting us, however, sitebuilder.ws does not offer refunds for any payments already made. Your Service will be deactivated without notice after payment failure due within seven (7) calendar days of the due date.

Presentations and Warranties

You represent and warrant to sitebuilder.ws that you own all rights, title and interest in and to the URLs of your website, and you own or have rights to publish all of the content published on or through your website.The information, reports and services included in or available through our Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. sitebuilder.ws and/or its respective suppliers may make improvements and/or changes in the Service at any time, without obligation to notify any person or entity of such changes.

sitebuilder.ws does not represent or warrant that the Service will be error-free or accessible at all times, defects will be corrected, the Service or the server that makes it available, are free of viruses or other harmful component, or the use or the results of the use of the Service or thematerials made available as part of the Service will be correct, accurate, timely, or otherwise reliable.

You specifically agree that sitebuilder.ws shall not be responsible for unauthorized access or any damages.

Term and Termination

Either party may terminate this agreement at any time and for any reason. In addition, this agreement will terminate immediately, without notice, if you fail to comply with the terms of this Agreement.Upon any termination of this agreement, sitebuilder.ws will cease providing the Service to you; any outstanding balance payable by you to sitebuilder.ws will become immediately due and payable; you will not be entitled to any refunds of any usage fees or any other fees; and all of your historical report data will no longer be available to you.

Disclaimer

THE SERVICE, THE LINKS AND REPORTS ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES,CLAIMS OR REPRESENTATIONS MADE BY THE COMPANY EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, THE LINKS, THE DOCUMENTATION AND REPORTS,INCLUDING WARRANTIES OF QUALITY,PERFORMANCE,NON-INFRINGEMENT,MERCHANT ABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. THE COMPANY DOES NOT WARRANT THAT THE SERVICE, THE LINKS OR REPORTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED.

Limitations of Liability

THE COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE,CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION,LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT,WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY,INDEMNITY OR CONTRIBUTION, OR OTHERWISE,EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH.THE COMPANY’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USAGE OF THE SERVICE SHALL NOT EXCEED THE AGGREGATE FEES PAID BY YOU TO THE COMPANY FOR USE OF THE SERVICE.

Indemnification

You agree to indemnify, hold harmless and defend sitebuilder.ws, at your expense, against any and all third party claims, actions, proceedings, and suits brought against sitebuilder.ws or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by sitebuilder.ws or any of its officers, directors, employees,agents or affiliates, arising out of or relating to your breach of any term or condition of this Agreement, or your use of the Service. In such a case, sitebuilder.ws will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. sitebuilder.ws reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Modifications to this Agreement

sitebuilder.ws reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Service, at any time, by posting the new agreement on this web site. You are responsible for regularly reviewing the policy.

Compliance

You will not use the Service in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret,music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity.

Miscellaneous

sitebuilder.ws shall be excused from performance here under to the extent that performance is prevented,delayed or obstructed by causes beyond its reasonable control. This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties.

If any provision of this Agreement is held to be unenforceable for any reason, such provisions shall be reformed to the extent necessary to make item for applicable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.