TERMS OF SERVICE
Welcome.
Welcome to Wuilt LLC's (together with its affiliates and subsidiaries, Wuilt) website
creation service. The Terms of Service ("Terms") detailed here govern your access to or
use of the of http://Wuilt.com (the Site) and all of the content (Content) found thereon,
including, without limitation, all pages, text, data, and images as well as Wuilt.com
products and services (Products and Services), whether found on public areas or
password-protected areas of the Site. These Terms apply to all individuals and
organizationsincluding but not limited to current or potential subscribers, and their
agents or employees (collectively referred to as you or User)who visit, browse, or
otherwise use the Site. These Terms of Use, which apply to your use of the Site, are part
of the overall terms and conditions (Terms") that apply to all Wuilt Products and Services
and constitute a binding contract between you and Wuilt. In the event of conflict between
these Terms of Use and the overall Terms, the overall Terms that govern your relationship
with Wuilt shall control.
Implied consent
These Terms, which govern your access to or use of the Site and its Content as well as
the Products and Services offered there, constitute a binding contract between you and
Wuilt. Please read the complete Terms carefully before using this Site. In accessing and
using this Site, you signify your acceptance, without limitation, of our Terms and your
agreement to abide by them without modification. You understand and agree that you
have no rights with respect to the Site and the Content other than the licenses and rights
expressly granted to you through these Terms. If you do not agree with any or all of these
Terms, do not access or use this Site or any Content contained on the Site.
1. Acceptance of Terms
Your use and access to the website hosting services, websites, communication tools,
mobile applications, and e-commerce tools and other services (collectively the Service)
that are available through the website and associated domains of the Site is subject to
these Terms. These Terms are the entire agreement between you and Wuilt and/or any
of its affiliates or subsidiaries. These Terms will also apply when you use the Service on
a trial basis. By using the Service in any way, you agree to and accept these Terms, our
Privacy Notice, and any other legal notices or guidelines posted on the Site. If you are
using our Service for an organization, you are agreeing to these Terms on behalf of that
organization. If you do not agree to these Terms, do not use the Service. You agree that
when you click I agree or a similarly worded button, whether by mouse, keystroke, or
other device, your consent will be the legal equivalent of your handwritten signature,
legally binding and enforceable.
In signing up with Wuilt, you consent to receive communications from Wuilt electronically.
(Whenever you visit the Site or send or receive emails to Wuily, you are communicating
electronically.) Give.com may communicate with you by posting notices on the Site, by
sending you an email, or by using postal mail. You agree that all agreements, notices,
policy modifications, disclosures, and other communications that Wuilt provides to you
electronically satisfy any legal requirements that such communications be in writing. You
may send notices to Wuilt either through electronic communication or through postal mail.
In addition to the restrictions set forth above, you are prohibited from creating or using a
Wuilt account or otherwise using the Service if you are not legally capable of entering into
contracts, for example, if you are not the age of majority in your country or region. If you
are not the age of majority in your country or region, you may only create or use a Wuilt
account with the supervision and consent of a parent or guardian.
2. Description of Service
Our web-based Service allows users who register for an account (each an "Account
Holder") to create and update an online web site. Once registered, each Account Holder
receives his or her own Web Site and may post "Content" (defined in Section 8). Any new
features on the Service, including the release of new Wuilt tools and resources, shall be
subject to these Terms. To use the Service, you must have access to the Internet, either
directly or through devices that access web-based content, and you must pay any fees
associated with Internet access. In addition, you must provide all equipment necessary to
make such connection to the Internet, including a web-enabled computer. The Service
may include certain communications from us, such as service announcements, and
administrative messages. These communications are considered part of Wuilt
membership. You may not access the Service by any means other than through the
Service interfaces we provide you.
3. Registration
To register as an Account Holder, you must provide us with a valid email address and
other personal information ("Registration Data"). You will choose a password and account
designation for your web sites during the registration process and you will obtain a Wuilt
ID. You are responsible for maintaining the confidentiality of the password and account,
and for all activities that occur under your account. In consideration of use of the Service,
you agree to maintain and update true, accurate, current and complete Registration Data.
If you provide any information that is untrue, inaccurate, not current or incomplete, or if
Wuilt has reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, we may suspend or terminate your account and refuse any and all
current or future use of the Service or any portion thereof. In addition to the restrictions
on selling set forth in Section 9 below, individuals under the age of 13 are prohibited from
creating or using accounts through Wuilt.com.
4. Wuilt Privacy Notice
Our Privacy Notice (available at: https://www.Wuilt.com/privacy), which is part of these
Terms, describes how we collect, protect, and use your Registration Data and certain
other information about you. We encourage you to read the Privacy Notice, and to use
the information it contains to help you make informed decisions.
5. Website account and security
You are responsible for maintaining the security of your account and web site, for all
activities that occur or actions taken under the account or in connection with the web site.
You agree to immediately notify us in writing of any unauthorized uses of the account or
any other breaches of security. We will not be liable for any loss or damage from your
failure to comply with this security obligation. You acknowledge and agree that under no
circumstances will Wuilt or any of its affiliates, subsidiaries, officers, directors, or
employees be liable, in any way, for any of your acts or omissions or those of any third
party, including damages of any kind incurred as a result of such acts or omissions.
6. Proprietary Rights
The Site and Service are owned by Wuilt. The Site and Service use and display content,
features, and functionality, including but not limited to proprietary software, inventions,
copyrights, trademarks, trade dress, service marks, logos, slogans, and taglines, owned
by Wuilt or other unaffiliated third parties, that are protected by U.S. and international
copyright, trademark, patent, trade secret and/or other intellectual property or proprietary
rights laws. No portion of the Site or Service may be copied, reproduced, displayed,
transmitted, or otherwise used for any purpose without the prior written permission of
Wuilt or the respective third-party intellectual property owner, or except as otherwise
specifically provided herein. We reserve all rights not expressly granted in these Terms.
The Service, all confidential and proprietary software used in connection with the Service,
Materials (as defined below), content contained in sponsor advertisements or in
information presented to you through the Service or by advertisers, and all other materials
and services provided by or through Wuilt are protected by copyright, trademark, trade
secret, or other intellectual property laws. You are solely responsible for ensuring that
your use of such Materials, including any professional photos or free photos made
available through the Service, is done solely in accordance with all relevant laws, and any
terms or conditions applicable to such Materials. In no event shall Wuilt be liable to you
or any third party for your use of Materials in violation of law, or any terms or conditions
applicable to such Materials.
Materials means any and all software, text, software documentation, designs, "look and
feel," layout, photographs, graphics, audio, video, messages, interactive and instant
messaging, design and functions, files, documents, images, or other materials, whether
publicly posted or privately transmitted, as well as all derivative works thereof, in each
case, made available by Wuilt or the Service.
You may use the Materials to the extent, and only to the extent, necessary to access and
use the Service in accordance with these Terms and, in the case of Materials owned by
third parties made available to you by Wuilt or the Service, any terms or conditions
applicable to such Materials. This permission does not permit you to store, copy,
reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell,
distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble,
decipher or otherwise attempt to discover any programming code or any source code
used in or with the Materials, or otherwise distribute in any way the Materials other than
as specifically permitted in these Terms. You may not sell, assign, sublicense, grant a
security interest in or otherwise attempt to transfer any right in the Service or Materials,
create derivative works based on or in any manner commercially exploit the Service or
Materials, in whole or in part, other than as expressly permitted in these Terms. Any use
of the Service or Materials for any purpose other than as specifically permitted herein or
without our prior consent or the prior written consent of our licensors or advertisers, as
applicable, is expressly prohibited. We reserve all rights not expressly granted in these
Terms.
All trademarks, service marks, logos, slogans, and tag-lines (individually and collectively,
Mark or Marks) are the property of Wuilt or their respective owners. Except as
otherwise specifically provided herein, no license or right to use any Mark is granted
without the express written permission of Wuilt or the respective third-party Mark owner.
Professional Photos- By purchasing and/or using any professional photos available
through the Service, you agree that: (i) you will only use such professional photos on
your Wuilt site, for display solely in digital form; (ii) you will not sell, modify, re-use, re-sell,
distribute, display, reproduce, or make any other use of such professional photos; (iii)
where a professional photo features an individual and is used in connection with a
sensitive, unflattering or controversial subject, you will include a statement that the image
is used for illustrative purposes only and that the individual featured is a model; and (iv)
you will not activate the right-click function in any professional photo, remove any
metadata in any professional photo, or reverse engineer, decompile, or disassemble
your site to enable the download or use of any professional photo on a standalone
basis. In addition, you may not use any professional photo: (i) on a standalone basis
with no other content; (ii) for defamatory, or other unlawful purposes; (iii) to create printed
products; (iv) in physical or digital retail products, such as e-cards, calendars, posters, or
screensavers; (v) for the purpose of enabling file-sharing of the image file; or (vi) in logos,
trademarks, service marks or any other branding or identifiers.
7. Your rights in your Content
Wuilt does not claim ownership of your Content, but you give us your permission to host
your Content on the Service. This permission exists only for as long as you continue to
use the Service or remain an Account Holder.
We do not want to receive confidential or proprietary information from you through the
Service or by email. Unless otherwise agreed in writing by an authorized Wuilt
representative, any material, information or idea you transmit to us by any means may be
disseminated or used by us or our affiliates without compensation or liability to you for
any purpose whatsoever, including, but not limited to, developing, manufacturing and
marketing products. However, this provision does not apply to Content or to personal
information that is subject to our Privacy Notice.
8. Content and conduct rules and obligations
All information, data, text, software, music, sound, photographs, graphics, video,
messages, goods, products, services or other materials you post on a web site via the
Service ("Content") are the sole property of the person from which such Content
originated. You are responsible for all Content that you upload, post, transmit or otherwise
make available via the Service. We do not control the Content you post via the Service.
Your Content does not include non-personally identifiable buyer/seller transaction or
behavioral data derived from the use of Wuilts eCommerce platform (collectively,
Platform Data). Wuilt owns all Platform Data and uses it for Service operations,
improvements, and analytics. You are also responsible for creating back-up copies of
your Content.
By using the Service, you may be exposed to content that is offensive, indecent or
objectionable. Under no circumstances will we be liable for your Content or the content of
any third party, including, but not limited to, for any errors or omissions in your Content,
or for any loss or damage of any kind incurred as a result of the use of any Content posted,
transmitted or otherwise made available via the Service. You acknowledge that we do not
pre-screen Content, but that we shall have the right (but not the obligation) to refuse,
move or delete any Content that is available via the Service. We shall also have the right
to remove any Content that violates these Terms or is otherwise objectionable in our sole
discretion. You must evaluate, and bear all risks associated with, the use of any Content.
You may not rely on any Content created by us. You acknowledge and agree that we may
preserve Content and may also disclose Content if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably necessary to: (a) comply
with legal process; (b) enforce these Terms; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect our rights, property, or personal safety
and those of our users and the public.
The technical processing and transmission of the Service, including Content, may involve
(a) transmissions over various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices.
You will not:
A. upload, post, transmit or otherwise make available any Content that:
i. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory,
vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding
any address, email, phone number, or any other contact information without the
written consent of the owner of such information), hateful, or racially, ethnically
or otherwise objectionable;
ii. you do not have a right to transmit under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under
nondisclosure agreements);
iii. infringes any patent, trademark, trade secret, copyright, rights of privacy or
publicity, or other proprietary rights of any party (e.g., music, movies, images,
e-books, or games you do not own the rights to);
iv. is unsolicited commercial email or "spam". This includes unethical marketing,
advertising, or any other practice that is in any way connected with "spam",
such as (i) sending mass email to recipients who haven't requested email from
you or with a fake return address, (ii) promoting a site with inappropriate links,
titles, descriptions, or (iii) promoting your site by posting multiple submissions
in public forums that are identical;
v. contains software viruses, worms, Trojan horses or any other computer code,
files, or programs that interrupt, destroy, or limit the functionality of the Service,
computer software or hardware or telecommunications equipment, or may
impact the ability of any Wuilt user to access the Service; or
vi. is intended to take advantage of a user such as "get rich quick," "get paid to
surf," pyramid/multi-level marketing, or other dubious schemes;
B. harm minors in any way;
C. "stalk," bully, or otherwise harass another;
D. impersonate any person or entity, including, but not limited to, a Wuilt employee, forum
leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a
person or entity;
E. forge headers or otherwise manipulate identifiers in order to disguise the origin of any
Content transmitted through the Service;
F. interfere with or disrupt the Service or servers or networks connected to the Service,
or disobey any requirements, procedures, policies, or regulations of networks connected
to the Service;
G. intentionally or unintentionally violate any applicable local, state, federal or foreign
laws or regulations. You must comply with all applicable laws regarding the transmission
of technical data exported from the United States or the country in which you reside. If
you use the Site, the Service, or the Materials outside the United States of America, you
are solely responsible for compliance with all applicable laws, including without limitation,
rules regarding acceptable online conduct, data privacy, and export and import
regulations of other countries;
H. promote or provide instructional information about illegal activities, promote physical
harm or injury against any group or individual, or promote any act of cruelty to animals.
This may include, without limitation, providing instructions on how to assemble bombs,
grenades and other weapons or incendiary devices;
I. use the Service as a forwarding service to another web site or to fraudulently
manipulate Google or other SEO ranking or Facebook or other social networking or
website likes and similar voting mechanisms;
J. solicit a third partys passwords or personal identifying information for unlawful or
phishing purposes;
K. exceed the scope of the Service that you have signed up for (e.g., by accessing and
using the tools that you do not have a right to use, or deleting, adding to, or otherwise
changing other user comments or content);
L. include more than three ad units per page, or any advertising that greatly reduces the
usability of the Site;
M. upload files for the sole purpose of having them hosted by us and for use outside of a
web site created using the Service (i.e., created with the Wuilt editor);
N. create a web site that provides an injurious user experience with custom
programming. Examples include, but are not limited to, extreme flashing banners,
excessive animated movement, or content that could provoke seizures in unsuspecting
visitors;
O. use, under any circumstance, any open source software subject to the GNU Affero
General Public License v.3, or greater;
P. Abuse our customer support email, chat, or telephone services or agents; or
Q. Take any other action while using the Service that is detrimental to the Service or
Wuilts reputation, as determined by Wuilt in its sole discretion.
We retain the right to terminate any account or user who has violated any of the above
prohibitions.
9. Selling Through Wuilt
Some of our Services and Materials may offer you the opportunity to sell or purchase
goods and services through sites hosted or designed by Wuilt (such goods and services,
Commercial Products). We are merely providing the platform for buyers and sellers to
conduct transactions for these Commercial Products. In order to sell through Wuilt, you
must be 18 years or older or at least the age of majority where you reside or from where
you use our Services and you must provide your full legal name, current address, valid
email address, and any other information requested by us. In the event of a dispute
regarding account ownership, we reserve the right to request documentation to determine
or confirm account ownership. Documentation may include, but is not limited to, a
scanned copy of your business license, government issued photo ID, the last four digits
of the credit card on file, etc.
When a buyer purchases Commercial Products, payments will be processed through our
third party payment service provider. Buyers of Commercial Products will be provided a
notice when entering their payment information directing them to the third party payment
service providers terms of service and privacy policy. These payment services are
governed solely by the third party providers terms of service and privacy policy. We are
not responsible for the actions of these third party service providers. In addition to the
other rules and requirements described in these Terms, you must follow the rules listed
below when offering, selling, or purchasing Commercial Products.
YOU WILL NOT offer or sell any Commercial Products that:
are illegal or potentially illegal, including those that are counterfeited, stolen, or
fraudulent. Commercial Products sold using the Services must comply with all applicable
laws, including Commercial Products sold to individuals outside of the U.S.;
infringe or have the potential to infringe the intellectual property or privacy rights of
another or that may be libelous, slanderous, or otherwise defamatory;
we determine, in our discretion, are inappropriate, offensive, pornographic, sexually
explicit, or violent; or
are manufactured as, or primarily intended to be used as, weapons, including firearms,
restricted devices, or ammunition. We reserve the right to determine, in our sole
discretion, whether Commercial Products constitutes “weapons” for purposes of these
Terms; or
use images or names of any third party (including notable personalities or celebrities)
when offering or selling Commercial Products without first obtaining that third party’s
permission.
10. Fees/payment
You may agree to a recurring contract agreement with Wuilt, which will automatically
renew on either a monthly plan or annual plan basis. Some of the features on the Service
require payment of fees, as described for each Service on the Site (Fees). If you sign
up for these features, you must pay all applicable feature Fees. We reserve the right to
change our prices and/or bundle certain parts of the Service together for pricing purposes,
and may do so at any time. You authorize us to make any reasonably necessary inquiries
to validate your account and financial information.
All Fees are in USD and are exclusive of all taxes, levies, or duties imposed by taxing
authorities, and you are responsible for payment thereof. If you purchase any Services
that we offer for a Fee, you consent to Wuilt, or our third party service providers, storing
your payment card information and you authorize us to charge you (a) any Fees for
Services you may purchase, and (b) any applicable taxes in connection with your use of
the Services to the payment card you provide, and you will reimburse us for all costs
associated with the collection of any overdue amounts, including any interest due for the
same. If the payment card you provide expires and you do not provide new payment card
information or cancel your account, you authorize us to continue billing you and you will
remain responsible for any uncollected Fees.
AT THE END OF THE CONTRACT TERM, YOUR CONTRACT WILL AUTOMATICALLY
RENEW FOR AN ADDITIONAL CONTRACT TERM OF THE SAME LENGTH UNTIL
EXPLICITLY CANCELLED BY YOU, AND YOUR PREFERRED PAYMENT METHOD
WILL BE CHARGED ACCORDINGLY. YOU MAY TURN OFF THE AUTO-RENEW
FEATURE FOR YOUR CURRENT CONTRACT AT ANY TIME. YOU MAY SEND
CANCELLATION REQUESTS BY CONTACTING US THROUGH HTTP://WUILT.COM
OR BY CALLING OUR HELP CENTER AT ANY TIME.
11. Cancellation; Service Changes
If you cancel the Service, your cancellation will take effect immediately. After cancellation,
you will no longer have access to your web site and we may delete all information on your
web site. We accept no liability for such deleted information or content.
For as long as we continue to offer the Service, we will provide and seek to update,
improve, and expand the Service. As a result, we allow you to access the Service as it
may exist and be available on any given day and have no other obligations, except as
expressly stated in these Terms. We may modify (e.g., change data storage or capacity
limits), replace, refuse access to, suspend or discontinue the Service, partially or entirely,
or change and modify prices for all or part of the Services we offer in our sole discretion.
All of these changes are effective upon their posting on our site or by direct
communication to you unless otherwise noted. We further reserve the right to withhold,
remove and or discard any Content available as part of your account, with or without
notice if deemed by us, in our sole discretion, to be contrary to these Terms. For
avoidance of doubt, we have no obligation to store, maintain, or provide you a copy of
any Content that you or others provide when using the Service. We also reserve the right
to limit or cease phone or chat support to you if you consume a disproportionate amount
of such customer services or otherwise negatively affect our ability to provide support to
other customers (as determined in our sole discretion).
12. Refund Policy
All paid Wuilt accounts, except month-to-month accounts, include a 30-day refund
eligibility. If you are dissatisfied with such account service for any reason, you can receive
a full or partial refund if you cancel your account within 30 days of activation, or within 30
days of your contract being renewed. Partial refunds will take place only if you claimed
your free domain name and used your free Shutterstock images. The partially refunded
amount will be determined in our sole discretion. Please direct refund requests
to http://Wuilt.com with the subject line: Refund Request.
13. Third Party Services, Software, and Websites; No
Implied Endorsement
Wuilt is not responsible or liable for any loss or damage incurred as a result of your use
of any third partys service, product, software, or website, including but not limited to any
content thereon such as text, documents, designs, images, clips, photographs, videos,
artwork, graphics, audio, audio-visual files, messages, interactive and instant messaging,
posts, functions, files, documents, or other materials (collectively, Third Party Materials)
whether or not you were linked to or directed to any Third Party Materials through the Site
or Service. Wuilt does not endorse or assume responsibility for any Third Party Materials
and makes no guarantee regarding the reliability, accuracy, nature, origin, quality, or use
of such Third Party Materials. You are solely responsible for ensuring that your use of any
Third Party Materials, including those made available through the Site or Service, is done
solely in accordance with all relevant laws, and the terms and conditions of any applicable
licenses or other agreement. In no event shall Wuilt be liable to you or any third party for
your use or alleged use of any Third Party Materials.
Further, Third Party Materials, such as email, e-commerce and payment services
including but not limited to, PayPal, and Stripe payment options, may be subject to the
applicable third party terms of service and privacy policies, and you are solely responsible
for reviewing, agreeing to, and complying with any such terms before you use any Third
Party Materials. Your use of any Third Party Materials is at your own discretion and risk.
If you do not agree to the third partys terms of service or license agreement, do not
download or use the Third Party Materials. Your use of any Third Party Materials obtained
through the Service does not transfer to you any rights, title, or interest in or to the Third
Party Materials beyond the terms contained in the third party provider's terms of service
or license. Any reference on the Site to any Third Party Materials is not an approval or
endorsement by us of such Third Party Materials.
Third Party Payment Processors: Wuilt uses third party payment processors to assist us
in securely processing your personally identifiable payment information. Such third party
processors use of your personal information is governed by their respective privacy
policies which may or may not contain privacy protections as protective as the Wuilt
Privacy Notice. Payments are currently processed and managed using the third party
vendors below. We will inform you which payment processors are used when processing
your payments.
PayPal - privacy policy
Stripe - privacy policy
Apple Pay and Android Pay are automatically activated for users who have selected
Stripe as their payment processor. If you do not wish to accept Apple Pay or Android Pay
as a payment type, it is your responsibility to deactivate Apple Pay and/or Android Pay.
You can deactivate these payment options in your Store checkout settings. Your use of
Apple Pay and Android Pay constitutes your acceptance of Apple Pays Acceptable Use
Guidelines and/or Google/Android Pays (API) Terms of Service.
14. Themes
If you choose, you may contribute website themes ("Custom Themes") to the Service for
use by other users. You hereby grant and agree to grant us an exclusive, perpetual, sub
licensable, worldwide, irrevocable, royalty-free right and license to use, copy, modify, and
create derivative works of any Custom Themes contributed by you to the Service,
including the HTML code and associated media assets.
15. Designer Platform Terms
If you use our Designer Platform Service to design a web site (a Client Website) for a
third party (your Client), your use of the Service shall be subject to the additional terms
set forth in this Section 15.
A. Your relationship with your Client is strictly between you and the Client. We will not be
a party to any agreement you have with your Client. The manner and means that you
choose to perform your services are in your sole discretion and control; however you
agree to perform these services in a timely and professional manner, consistent with
industry practice and in conformance with these Terms.
B. You accept full responsibility for all Client Websites under your account and for each
Client Websites adherence to these Terms.
C. While we intend to allow you to resell the service under a private label, this private
label is in no way guaranteed and we will in no way be held responsible for any failure to
maintain its private label.
D. In the event your Client contacts us, we will direct them to contact you. In the event
you fail to support your Client and we receive a request from your Client stating that you
have not been responsive, we reserve the right to support your Client directly.
E. Payments for your use of the Designer Platform Service are calculated on a per
website basis. Each Client Website under your account that is published live to a Clients
domain will incur monthly service charges. These service charges are billed to the credit
card on file for your Wuilt account.
F. Service charges are billed each month for the upcoming months service, based on
the total service charges of all Client Websites.
G. No refunds will be given for any days remaining in your current billing cycle.
H. You understand and agree that you, as the Account Holder, are ultimately responsible
for payment for every Client Website under your account. If, at any time, the billing
obligations of any Client Website are not met, we will have the right to disable the Client
Website until the billing obligation is met.
16. Resale of Service
You will not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service
without our express written permission, which may be in the form of a separate written
agreement with Wuilt.
Wuilt is often used by Designers to design websites for a third party. Such use is explicitly
permitted under the Designer Platform terms above. Should you design websites for third
parties on any other version of Wuilt other than the Designer Platform, such sites must
each have their own account controlled by the third party, and you may not group multiple
client sites under one account owned by you.
17. Domain Name Registration, Domain Name
Cancellation, and Change of Registrar
For the domain name registration services (the Domain Services) provided directly to
you by Wuilt, the following terms and conditions also apply. Your use of the Domain
Services provided by Wuilt serves as your consent to these terms. Some of the service
packages include Wuilt registering an Internet domain name or renewing your existing
domain name (the Domain Name) on your behalf. For the purpose of procuring and/or
maintaining domains, Wuilt will act only as the agent between you and the domain name
service provider responsible for domain name allocation (the Registrar), which will be
Register.com. All new registrations and subsequent renewals of those registrations will
therefore also be subject to the Register.com terms and conditions located at:
http://www.register.com/policy/servicesagreement.rcmx. Wuilt reserves the right to utilize
another domain name service provider at any time, in which case the terms and condition
of such organization will apply complementarily to these Domain Terms and such other
domain name service provider shall be deemed a Registrar for purposes of these
Terms.
Wuilt may provide one (1) free domain name for up to one year, with a new purchase of
an annual subscription plan. The domain will be included for the lifetime of your Wuilt
account, and the domain will be registered in your name and is yours to keep, as long as
you cover any applicable domain registration fees following the first year. The free domain
name only applies to certain top-level domains (e.g. .com, .net, and .org) when signing
up for a new plan.
You are responsible for providing correct and complete data regarding the domain name
holder (Registrant) and the administrative contact when registering the domain name.
The technical contact in all cases will be Wuilt LLC 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. We may defer activation
of a domain name until payment of the agreed fees for the registration services has been
received. Wuilt is in no position to influence the allocation of the domain name by the
Registrar. We can neither guarantee that the requested domain names will be allocated
to you and/or that allocated domain names are free of third-party rights nor guarantee
their continued existence. Any information we provide regarding the availability of a
domain name is based on the data provided by third parties and only refers to the time
that information is requested. The domain will not be deemed as allocated before
registration of the domain in the name of you, the Registrant, and its entry in the database
of the Registrar.
The initial registration term for purchased domains may vary and such registration will
auto-renew for successive 12-month periods. You will be charged for auto-renewal forty-
five (45) calendar days before your domain expires (even if that date differs from your
Wuilt website subscription renewal date). You can, of course, opt out of auto-renewal by
turning off the auto-renew option in your settings at any time before the auto-renewal
takes effect. Each purchased domain name is registered in your name and is yours to
keep, as long as you pay the applicable fees. Your right and title to your domain name
allows you to transfer a purchased domain to another domain provider; however, you will
not be eligible for a refund of registration fees paid to Wuilt for transferred domains.
Regardless of the identity of the Registrant or any other contact information in your
domain name records, any domain name registered through Wuilt using your Wuilt
account is covered by these Terms.
Maintaining accurate and current billing information is a mandatory condition of
maintaining your Wuilt account. Such data must include the full and real name of the
Registrant, a physical mailing address (PO boxes or anonymous addresses are not
permissible), a valid email address and telephone number. If this information changes,
you must immediately inform us of this change by updating it online. Please note that if
your billing information, including your current credit card information, is not current, we
will not renew your Domain Services and they may subsequently expire.
Subject to these Terms and those of the Registrar, you may transfer all domain names
registered through us to another domain name service provider by following the online
instructions provided by Wuilt. Should we, due to failure on the part of you, the account
holder, or the new domain name service provider, be unable to make the domain transfer
to your new domain name service provider, we are expressly entitled to have the
cancelled domain name deleted by the relevant domain name service provider after the
cancellation date has lapsed. We reserve the right to allow domain transfers only if you
have settled all undisputed pending claims with us.
It may not always be possible to recover a domain name after it has expired, and Wuilt
has sole discretion in determining when a domain name can be renewed post-expiry and
what fees will be applicable. If you forfeit a domain name for non-payment, Wuilt will have
the right, in its sole discretion, to: (a) register and use the domain name for its own
purpose; (b) sell or transfer the domain name to a third party; or (c) delete the domain
name and allow any new registrant anywhere in the world to register the domain name
anew. Further, you agree that Wuilt may charge the credit card you have on file with Wuilt
to recover any amounts outstanding on your account.
On certain occasions, domain name registrations may become the subject of a legal
challenge. If Wuilt 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 Wuilts costs and legal fees and
to indemnify and hold Wuilt harmless from any action. If Wuilt is notified that a complaint
has been filed with a judicial or administrative body regarding your domain name, Wuilt
may, at its sole discretion: (a) 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 Wuilt
on your behalf.
19. Indemnity
You will indemnify, defend, and hold harmless Wuilt, and its subsidiaries, licensors,
affiliates, officers, directors, agents, co-branders, partners, employees, successors, and
assigns (collectively Indemnified Parties) from any and all liability, loss, claim, damages,
expenses, costs or demands, (including but not limited to reasonable attorneys' fees),
incurred or made against the Indemnified Parties by any third party in connection with any
claim arising from or related to: (a) your use (or anyone using your account/s) use of the
Service, the Site or the Materials, (b) your Content, (c) any Commercial Products you offer
on or through the Site or using our Services, or (d) your use of the Domain Services. This
includes, but is not limited to, any breach or violation of these Terms by you or anyone
utilizing your account. You must fully cooperate at your expense as required by an
Indemnified Party. Each Indemnified Party may, at its election, assume the defense and
control of any matter for which it is indemnified hereunder. You shall not settle any matter
involving an Indemnified Party without the consent of the applicable Indemnified Party.
20. Disclaimer of warranties
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER
INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS
ARISING OUT OF DELAYS, MIS-DELIVERY OR NONDELIVERY OF INFORMATION,
RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED
USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER
INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING
AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE
SERVICE. WUILT DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET Y