1. GENERAL INFORMATION

This Website Builder Service Agreement (this “Agreement”) is entered into between Bizplin and you, and will become effective as of the date of your acceptance. This agreement sets forth the terms and conditions of your use of the Website Builder services (“Website Builder” or the “Services”), and represents the complete agreement between you and Bizplin regarding the subject matter addressed in this document.

Your electronic acceptance of this Agreement means that you have read, understand, acknowledge, and agree to be bound by this Agreement, along with (i) Bizplin’s Universal Service Terms Agreement; and (ii) any plan limits, legal notices for the product, or other restrictions presented on the Bizplin Website Builder landing page of Bizplin’s website (this “Site”), both (i) and (ii) are incorporated herein by reference.

The terms “we,” “us,” or “our” will refer to Bizplin. The terms “you,” “your,” “User,” or “customer” will refer to any person or entity that accepts this Agreement and/or uses the Services. Unless otherwise specified in this Agreement, nothing in this Agreement will be construed as conferring rights or benefits on third parties.

You acknowledge and agree that (i) Bizplin, at its sole and absolute discretion, may change or modify this Agreement, and any policy or agreement incorporated herein, at any time, and such changes or modifications will become effective immediately after being posted on this Site, and (ii) your use of this Site or the Services on this site after such changes or modifications have been made (as indicated in the “last revision,” which is shown at the top of this page) will constitute your acceptance of this Agreement as per its latest revision. Additionally, Bizplin may occasionally notify you via email about any changes or modifications made to this Agreement. Therefore, it is very important that you keep your buyer account (“Buyer Account”) information and your email address up to date. Bizplin assumes no responsibility if you do not receive an email notification due to an incorrect or outdated email address.

 

2. DESCRIPTION OF SERVICES

The Website Builder is a cloud-hosted tool that allows you to design, create, build, market, and/or promote (the available services vary according to the selected service plan) an online presence for your specific goals by integrating website, hosting, security, social media presence, online store, online appointments, email marketing, digital marketing, and other capabilities within the tool, as well as the bundled offering.

 

3. INTEGRATION WITH THE HOSTING PLATFORM; WEBSITE OWNERSHIP

The websites created with the Services are designed and integrated with Bizplin’s hosting platform, and any attempt to move or transfer the website to another hosting provider constitutes a violation of this Agreement.

Except for the content you provide, websites created through the Services are owned by Bizplin, and all of them (including any copies made) are subject to U.S. and foreign copyright, trademark, patent, and other intellectual property laws. Bizplin grants you an unrestricted license to use the website for as long as your subscription to the Services remains active. Cancellation of your subscription to the Services for any reason will terminate the license to use the website from that point onward. You agree to prevent any unauthorized copying of websites created with the Services. Unless otherwise specified, this Agreement does not grant any rights or licenses under any copyright, trademark, patent, or other intellectual property rights or licenses. Bizplin reserves all rights not expressly granted herein.

By uploading content to your website, you grant Bizplin an unrestricted license (i) to use the content for the purpose of including it in your website, and (ii) to display screenshots of any website created using the Services, in marketing materials or other forms determined by Bizplin at its sole discretion. Additionally, you represent and warrant to Bizplin that (a) you have all necessary rights to distribute such content, either because you are the author and have the right to distribute it, or because you have the appropriate distribution rights, licenses, consents, and/or written permissions from the author or other owner to use the content, and (b) it does not infringe on the rights of third parties. As used in this document, “content” includes, without limitation, any text, software, photographs, illustrations, images, graphics, sounds, music, audio, video, and interactive features (and the trademarks, service marks, and logos contained herein). You acknowledge and agree that the content you add to the Services may be immediately available. The provided content may be cached for up to one year, and deleting the content from the Services will not delete the cached versions of the content.

 

4. OTHER PACKAGE OPTIONS

You will be given the option to bundle the Services with other products and services we offer, such as (i) Domain Name Registration Services, (ii) Domain Name Proxy Services, (iii) Microsoft Office, and/or (iv) other products and services that may be offered in a bundle on certain occasions. In this case, your purchase of the Website Builder will also be subject to the terms and conditions of the bundled product(s) or service(s), and the applicable contracts will be provided to you in the shopping cart at the time of payment.

 

5. STATISTICS

If the customer provides third-party personal data to Bizplin, the customer must have prior express consent from the data subject, and must inform them of where they can find and review Bizplin’s privacy notice.

 

6. Sensitive Personal Data

Subject to the terms and conditions of this Agreement, we grant you a limited, revocable, non-exclusive, and non-transferable license to use the Website Builder statistics (“Statistics”) solely to the extent necessary for you to use the Statistics in the Website Builder properties; and (b) you may access and view reports through your buyer account. The statistics will allow you to track the IP address, visit time, header information, and the location of your visitor (“Data”). You agree to comply with all applicable laws and regulations regarding your use of the Data from the Statistics and reports. Bizplin and its wholly-owned subsidiaries may retain and use the Data collected in the Statistics, subject to the terms of its privacy policy. You will not use (nor allow third parties to use) the Statistics to track, collect, or upload data that personally identifies a person (such as their name, email address, or billing information), or other data that can be reasonably linked to such information. You must have and abide by an appropriate Privacy Policy and comply with all applicable laws, policies, and regulations regarding the collection of visitor information. You must publish a Privacy Policy, and that Privacy Policy must provide notice about your use of cookies that are used to collect Data. You must disclose the use of Statistics and how it collects and processes Data.

 

7. TITLES AND HEADINGS; INDEPENDENT AGREEMENTS; SEVERABILITY

The titles and headings in this Agreement are included for convenience and ease of reference only, and should not be used in any way to understand or interpret the Agreement of the parties in a manner contrary to what is set forth herein. Each of the agreements and provisions set forth in this Agreement shall be considered, for all purposes, as a separate and independent agreement. If a court of competent jurisdiction finds that any provision (or part of a provision) of this Agreement is illegal, invalid, or otherwise unenforceable, the remaining provisions (or parts thereof) of this Agreement will not be affected and will be considered valid and enforceable as provided by law.