Terms of Service
Terms of Service
Please read this website maintenance agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this website maintenance agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by WP Site Mason, acceptance is expressly limited to these terms. The materials contained in this web site are protected by applicable copyright and trademark law.
You understand and agree that the Service may include certain communications from WP Site Mason LLC, such as service announcements, administrative messages, and newsletter(s). Unless explicitly stated otherwise, any new features that change the current Service, including the release of new WP Site Mason LLC properties, shall be subject to this agreement. You understand and agree that the Service is provided “AS-IS” and that WP Site Mason LLC assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. Your Registration Obligations
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration process and (b) maintain and promptly update your data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or WP Site Mason LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WP Site Mason LLC has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. Payments, Renewals, Suspensions & Cancelations
By selecting the Service, you agree to pay WP Site Mason LLC the one-time and/or monthly or annual fees indicated (additional payment terms may be included in other communications). Fees to WP Site Mason LLC are due in accordance with the accompanying Project Proposal.
Fees for hosting and support plans will be invoiced starting from the day your services are established and in advance of using such services. Fees for website development will be invoiced in two phases: (1) a deposit, not to exceed 50% of the Project Proposal (2) a final payment to be received prior to the website being made live at your domain.
WP Site Mason LLC reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. All payments will be made in US Dollars by credit card or check. Payment terms are net 30 upon receipt of an invoice.
Subscription payments will be charged on a pre-pay basis on the day you sign up and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable. Unless you notify WP Site Mason LLC before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
Failure to make payment after thirty (30) days of the payment due date will result in account suspension. Accounts will be restored after payment is received. Failure to make payment after sixty (60) days of the payment due date will result in account termination and all files and data associated with your website will be surrendered to you via a download link.
The Service can be canceled by you at any time by clicking the link on your Profile page, or submitting written notice to WP Site Mason LLC.
5. Website Development
WP Site Mason LLC, must work together with you to complete a proposed website development project, hereafter known as the “Project” in a timely manner. WP Site Mason LLC agrees to work expeditiously to complete the Project no later than project completion date defined (depending on date of acceptance of agreement).
WP Site Mason LLC reserves the right to assign subcontractors to the Project to ensure the right fit for the job as well as on-time completion. You may be charged additional fees if you decide to make changes to the agreed upon project scope and objectives.
6. Website Support
“Support” means the ability to make requests for technical support assistance with your website at any time (with reasonable efforts by WP Site Mason to respond within 24 hours, 7 days a week) concerning the use of the Service. All subscriptions include access to support via email, phone or text.
7. Copyrights & Trademarks
You represent to WP Site Mason LLC and unconditionally guarantee that any elements furnished to WP Site Mason LLC for inclusion in the Project are owned by you, or that you have permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend WP Site Mason LLC and its subcontractors from any claim or suit arising from the use of such elements furnished.
8. Copyright to Project and Service
WP Site Mason LLC guarantees that all aspects of design and construction of the Project or the Service will be disclosed to you upon completion, and full code, copyrights and ownership will be your sole property. WP Site Mason LLC retains the right to display graphics and other design elements as examples of its work in its portfolio.
WP Site Mason LLC will take all reasonable precautions to safeguard your web properties. In the absence of negligence on our part, however, we are not responsible for loss, destruction or damage or unauthorized use by others of such property. Although we may use our best efforts to guard against any loss to you through the failure of our vendors, media, or others to perform in accordance with their commitments, WP Site Mason LLC is not responsible for failures on their part.
9. Use License
Permission is granted to temporarily view the materials (information or software) on WP Site Mason LLC’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
• modify or copy the materials;
• use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
• attempt to decompile or reverse engineer any software contained on WP Site Mason LLC’s web site;
• remove any copyright or other proprietary notations from the materials; or
• transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by WP Site Mason LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on WP Site Mason LLC’s web site are provided “as is”. WP Site Mason LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, WP Site Mason LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall WP Site Mason LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on WP Site Mason LLC’s website, even if WP Site Mason LLC or a WP Site Mason LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
12. Revisions and Errata
The materials appearing on WP Site Mason LLC’s web site could include technical, typographical, or photographic errors. WP Site Mason LLC does not warrant that any of the materials on its web site are accurate, complete, or current. WP Site Mason LLC may make changes to the materials contained on its web site at any time without notice. WP Site Mason LLC does not, however, make any commitment to update the materials.
WP Site Mason LLC has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by WP Site Mason LLC of the site. Use of any such linked website is at the user’s own risk.
14. Governing Law
Any claim relating to WP Site Mason LLC’s website shall be governed by the laws of the state of Alabama without regard to its conflict of law provisions.