TERMS OF SERVICE

Updated February 5, 2021

Welcome to the terms of service for Pagespot.net (the "Site"). Pagespot.net is a website that offers web design services to businesses and is to be used strictly for that purpose. Websites built on the Pagespot platform will be stored and served on Pagespot's system, which includes third-party partner hosting, storage, and payment processing services. Pagespot.net is offered to you (the "User") conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Pagespot.net platform and all its services and features (the "Services") constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the User and Pagespot with respect to the Site and Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Pagespot with respect to the Site and Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Privacy Your use of Pagespot.net is subject to our Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications Visiting Pagespot.net or sending emails to Pagespot constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

User Accounts Use of the Pagespot platform requires you to sign up and create an account (the "User Account"). You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Pagespot is not responsible for third party access to your account that results from theft or misappropriation of your account. Pagespot and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen Pagespot does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. In addition, if you are under 18, you may use Pagespot.net only with permission of a parent or guardian.

Intellectual Property All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Pagespot or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Pagespot.net content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Pagespot and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Pagespot.net or our licensors except as expressly authorized by these Terms.

User Content You shall own all content and intellectual property pertaining to any materials created or provided by you (the "User Content"), including any designs, images, videos, audio files, logos, illustrations, compositions, artworks, text and any other files. Pagespot does not claim ownership rights on your content. For the sole purpose of granting you the service, you know and agree that we will need to access, upload and/or copy your User Content to our platform, including any applicable cloud services and CDNs, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as deemed necessary.

When providing User Content, you agree to the following:

  1. You confirm you own all rights in and to any content uploaded or provided by you, or imported, copied or uploaded by Pagespot on your behalf, to your User Account.
  2. The User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use;
  3. You have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.
In no circumstances may Pagespot be considered as a "publisher" of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the Site.

Unlawful/Prohibited Use You are granted a non-exclusive, non-transferable, revocable license to access and use Pagespot.net strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Pagespot that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

The following activity is expressly prohibited:

  1. Submitting, uploading, or displaying any content which may be deemed as illegal, pornographic, defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, malicious, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Pagespot or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
  2. The promotion, advertising, or sale of illegal goods and services.
  3. Any action intended to illegally collect login data and/or passwords for other user accounts, software or services;
  4. Using any automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Pagespot Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the Pagespot Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Pagespot Services;
  5. Any activity which might be perceived as damaging to Pagespot's reputation and goodwill or which may bring Pagespot into disrepute or harm;
  6. Purchasing search engine or other pay per click keywords or domain names that use "Pagespot.net" and/or variations and misspellings thereof;
  7. Impersonating any person or entity or providing false information on the Pagespot platform, whether directly or indirectly, or otherwise performing any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Pagespot;
  8. Falsely state or otherwise misrepresenting your affiliation with any person or entity, or falsely express or imply that Pagespot or any third party endorses you, your Pagespot page, your business, or any statement you make;
  9. Any activity intended to trace another User of Pagespot Services, or otherwise interfere with or violate any other User's right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Site without their express and informed consent;
  10. Any activity intended to disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Pagespot Services, the account of another User(s), or any other systems or networks connected to the Pagespot Site, by hacking, password mining, or other illegitimate or prohibited means;
  11. Testing the vulnerability of the Site or any network connected to the Site.
  12. Uploading, distributing and/or otherwise executing any virus, worm, trojan horse, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
  13. Any activity that imposes an unreasonable or disproportionately large load on the infrastructure of Pagespot's systems, or otherwise interferes with or disrupts the operation of any of the Pagespot Services, or the servers or networks that host them or make them available;
  14. Use of any Pagespot Services in connection with any form of spam, unsolicited mail, fraud, scam, phishing, "chain letters", "pyramid schemes" or similar conduct, or otherwise engaging in unethical marketing or advertising;
  15. Accessing Pagespot Services, website content, User Accounts, and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.
  16. Selling, licensing, or exploiting for any commercial purposes any use of or access to the Pagespot Services, except as expressly permitted by Pagespot Terms;
  17. Accessing or using Pagespot Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.

Abuse of Resources Pagespot shall have the right to impose restrictions for the upload, storage, download and use of the Pagespot Services, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of content, quality and/or format of content, sources of content, volume of transfer time, etc.

Links to Third Party Sites/Third Party Services Pagespot.net may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Pagespot and Pagespot is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Pagespot is providing these links to you only as a convenience or for advertising purposes, and the inclusion of any link does not imply endorsement by Pagespot of the site or any association with its operators.

Certain services made available via Pagespot are delivered by third party sites and organizations. By using any product, service or functionality originating from the Pagespot.net domain, you hereby acknowledge and consent that Pagespot may share such information and data with any third party with whom Pagespot has a contractual relationship to provide the requested product, service or functionality on behalf of Pagespot users and customers.

International Users Pagespot.net is controlled, operated and administered from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Services accessed through Pagespot.net in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification You agree to indemnify, defend and hold harmless Pagespot, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user content provided by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Pagespot reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Pagespot in asserting any available defenses.

Class Action Waiver Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Pagespot agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PAGESPOT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.

PAGESPOT AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. PAGESPOT AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PAGESPOT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PAGESPOT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction Pagespot reserves the right, in its sole discretion, to terminate your access to the Site, User Account, and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Pagespot as a result of this agreement or use of the Site. Pagespot's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Pagespot's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Pagespot with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Chargebacks If at any time we record a decline, chargeback, or other rejection of a charge of any payable fees on your Pagespot User Account ("Chargeback"), this will be considered as a breach of your payment obligations hereunder, and your use of the Pagespot Services may be automatically disabled or terminated. If you have questions about a payment made to us, we encourage you to contact customer support before filing a Chargeback. We reserve our right to dispute any Chargeback.

Events Beyond Our Control Pagespot is not in breach of this Agreement or liable to you if there is any total or partial failure of performance of the Services resulting from any act, circumstance, event or matter beyond our reasonable control. This may include any act of God, fire, act of government or state or regulation, war, civil commotion, terrorism, insurrection, inability to communicate with third parties for whatever reason, failure of any computer dealing or necessary system, failure or delay in transmission of communications, failure of any internet service provider, strike, industrial action or lock-out or any other reason beyond our reasonable control.

Changes to Terms Pagespot reserves the right, in its sole discretion, to change the Terms under which Pagespot.net is offered. The most current version of the Terms will supersede all previous versions. Pagespot encourages you to periodically review the Terms to stay informed of our updates.

Contact Us Pagespot welcomes your questions or comments regarding the Terms. You can contact us at:

[email protected]