1&1 MyWebsite by Experts
By ordering MyWebsite by Experts website development or maintenance services (“Service”) from 1&1 Internet, Inc. ("1&1"), you ("you" or "Customer") agree to the terms and conditions set forth herein. The provisions contained in these Terms and Conditions for MyWebsite by Experts (the "Agreement") incorporate and are supplemental to 1&1's General Terms and Conditions (the "1&1 GT&C"), by which you are also bound, to the extent they are not modified by this Agreement.
A. Fees for 1&1 MyWebsite By Experts
The fees for the service include a one-time service fee for the development of the website and a monthly fee for the selected Website By Experts package, as set forth on the 1&1 website. All fees are payable in US dollars through the Customer’s Payment Account (as such term is defined in the 1&1 GT&C), with monthly fees charged at the beginning of the month for each month. Except as otherwise provided in this Agreement, this Agreement shall be for an initial term of one month and shall be automatically renewed each month for additional one month periods unless and until sooner terminated pursuant to the provisions of this Agreement. Except as otherwise provided herein, you or 1&1 may terminate this Agreement at any time for any reason, with or without cause, upon thirty days' written notice. You may terminate at any time during the initial 30 day term and receive a full refund of any monies paid. Fees paid for any renewal term are non-refundable. 1&1 may terminate this Agreement immediately if you fail to make timely payment or otherwise breach this Agreement or the 1&1 GT&C.
In no circumstances shall the Customer be entitled to make any deduction or withhold payment for any reason at all. (See Section 5.6). Without prejudice to any other rights of the 1&1 if the Customer fails to pay the invoice by the due date the Customer shall pay interest on any overdue amount from the date of which payment was due to the date of actual payment (whether before or after judgment) on a daily basis at a rate of one and a half percent (1.5%) per month and reimburse to the 1&1 all costs and expenses (including legal costs) incurred in the collection of any overdue amount.
You may upgrade or downgrade to a higher or lower-level MyWebsite By Experts package at any time without paying any change fee. Regular monthly fees apply. Downgrading to a lower-level 1&1 MyWebsite (do-it-yourself) package within the first six months after contract activation is subject to a one time fee of $49 (subject to change) excluding taxes. After the first six months, there is no fee for downgrading.
B. Service Description for 1&1 MyWebsite by Experts
Contacting 1&1 MyWebsite by Experts- Service
You can contact 1&1’s MyWebsite by Experts by telephone or e-mail. Please see the 1&1 website for details.
Services Offered by 1&1 Website by Experts
The services provided are as set forth on the 1&1 website for your particular 1&1 Website By Experts package. The 1&1 MyWebsite by Experts service consists of two separate offerings: (a) Website Development and (b) Website Service
a. Website Development
The design and development of the website shall include up to a maximum of fifty pages associated with a particular domain. Additional pages, or the addition of a customized logo and/or a flash animation, shall be subject to additional fees.
The Service shall commence with an initial telephone consultation (the Initial Consultation Call) between the Customer and the 1&1’s design agent lasting no longer than thirty minutes. During the Initial Consultation Call the design agent will ask general questions about the customer for the purpose of determining the scope and nature of the desired services. In order to determine the desires and intentions of the customer with respect to the design, structure, and content of the website the design agent may also ask general questions about the customer’s business, target markets, and the products or services offered. With input from the customer, the design agent will select a template layout which is appropriate for the customer’s business as well as one of the color schemes offered from 1&1’s color portfolio.
The Customer shall provide the 1&1 design agent with documents or other materials, and any data or other information provided by the Customer relating to the Service (“Input Material”) required for the provision of the Service electronically within one week of the Initial Consultation Call. The 1&1 design agent shall use the Input Material and the Customer’s directions as expressed during Initial Consultation Call to create the Customer’s website. The ultimate design decisions as to the website, along with any individual webpages, documents or other materials, and any data or other information created or provided by the Supplier relating to the Service (collectively, the “Output Materials”) shall be at the 1&1 design agent’s sole discretion. The Customer shall submit all Input Material required in electronic file format by e-mail. A fee of $20 applies for each page of Input Material that the Customer sends in a format that the 1&1 design agent has to convert/retype.
If the 1&1 design agent does not receive the Input Material within one week of Initial Consultation Call, the site will be designed with generic content. Content delivered after the one week timeline will not be included in the site. After designing the initial draft of the site (either with the delivered content or with the generic content), the 1&1 design agent will optimize the website and related content for search engines and submit the completed website to the Customer and schedule a second telephone call (the Final Consultation Call).
The Customer shall make any requests for revisions of the design during the Final Consultation Call. If no revision requests are received during the Final Consultation Call, or if the Customer is not available for the Final Consultation Call within one week of receiving the initial draft of the site, the Customer shall be deemed to have approved of the design.
Within 10 days of the Final Consultation Call or of the time when the Customer is deemed to have approved of the design (whichever is earlier), the 1&1 design agent will charge the Customer the fees for the Service.
Except as provided below, the Service does not include any ongoing updates and shall consist solely of the initial build only. The provision of the Service shall be considered complete once the Customer approves or is deemed to have approved the design as provided by the 1&1 design agent.
If the Customer has not participated in the Initial Consultation Call within thirty days or provision of the Service is not completed within thirty days due to no fault of 1&1 or the 1&1 design agent, 1&1 shall have no obligation to perform the Service.
The 1&1 design agent shall use reasonable efforts to consider and incorporate the Customer’s requirements but the final design decisions will be at the 1&1 design agent’s sole discretion and 1&1 reserves the right to substitute reasonably appropriate content in its sole discretion. 1&1 reserves the right to refuse to provide the Service for any reason at its sole discretion.
The Customer shall be responsible for the legality, accuracy, and appropriateness of all Input Material. The Customer shall not provide to 1&1 any Input Material that is obscene, defamatory, harassing, offensive, malicious, or that actually or potentially infringes the proprietary or intellectual property rights of any third party. 1&1 has the right to reject any Input Material that it believes, in its sole discretion, is obscene or otherwise violates the aforementioned restrictions, provided, however, that acceptance by 1&1 of any Input Material does not constitute a legal opinion that the Input Material does not violate any of the aforementioned restrictions. 1&1 cannot provide legal advice relating to the website or the Input Data, and cannot provide terms of service, privacy policies, or other legal documents relating to the website. The Customer is solely responsible for the provision and content of any legal content incorporated into the website, whether by 1&1 or otherwise.
Once the website has been published, the customer has the right to request that the website be taken offline. Upon publication of the website the final web pages and any and all content thereon become the sole responsibility of the customer.
b. Website Service
Upon request, after the website is completed 1&1 can provide additional updating and maintenance services from the 1&1 MyWebsite by Experts service for a monthly fee. For additional details, please contact a 1&1 MyWebsite by Experts consultant.
1. Ownership and Use of Intellectual Property
The property and any copyright or other intellectual property rights in: (1) any Input Material shall belong to the Customer; (2) any Output Material shall belong to 1&1, subject only to the right of the Customer to use the Output Material for the purposes of utilizing the Service.
The Customer grants to 1&1 and its design agents all necessary rights and licenses to enable 1&1 to carry out its obligations and to allow 1&1 to make a reasonable number of archival/back-up copies as deemed necessary by 1&1. 1&1 is not responsible for returning any Input Materials submitted, nor for providing back-up copies to the Customer.
The Customer warrants that any Input Material (including any part of the domain name used in connection with the Service) and its use by 1&1 for the purpose of providing the Service will not violate any laws or infringe the trademark, copyright or other rights of any third party and the Customer shall indemnify 1&1 against any loss, damages, costs, expenses or other claims arising from any such infringement or violations. 1&1 may refuse to accept any Input Material for any reason, including without limitation if 1&1 believes, in its sole discretion, that the Input Material is obscene or otherwise offensive, violates any laws, or infringes third party rights, and may terminate the provision of the Services.
- Your Rights and Obligations
a. The Customer agrees to comply with any and all applicable laws, including the federal, state and local laws of the United States of America (the “Laws”). The Customer is solely responsible for his or her domain or the content of his or her website. The Customer assumes sole liability for his or her domain and any content which has been provided to 1&1 for the purpose of developing the Customer’s website or for any data provided, including but not limited to liability arising from unfair competition or antitrust, trademark, copyright, and other laws. Further, you will not provide or post any content or other materials which, in 1&1’s sole discretion:
- contain pornographic or obscene materials,
- promote or sanction war, terrorism, or other acts of violence,
- have the potential to cause harm to or exploit minors,
- are abusive or hateful,
- promote racism or discrimination against a particular person or group of persons on the basis of race, color, religion, sex, national origin, age, physical or mental disability, genetic information or any other protected class under federal, state, or local law, which promote or threaten harm or violence against such persons,
- defame, misrepresent, or are abusive or insulting to others,
- infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity,
- contains hyper-links to other sites that contain content that falls within the descriptions set forth above or which otherwise violate the GT&C
b. 1&1 reserves the right to monitor use of this site to determine compliance with this Agreement, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, 1&1 is under no obligation to do so, and you remain solely responsible for your domain name and website. You acknowledge and agree that neither 1&1 nor any third party that provides content to 1&1 will assume or have any liability for any action or inaction by 1&1 or such third party with respect to any submission.
1&1’s Rights and Obligations
a. 1&1 may reject, lock, or delete content provided by the Customer for the purpose of developing the website or domains requested by the Customer if, in 1&1’s sole discretion, 1&1 believes that the content or domain could result in a breach of this Agreement or the GT&C, or is otherwise impermissible under relevant Laws or may result in claims from third parties. 1&1 may, in lieu of disabling access to the particular content or domain, disable or lock the entire website or customer account.
b. Further, 1&1 has the right (but not the obligation) to refuse requests for changes which would result in unreasonable effort, in its sole discretion.
c. 1&1 reserves the right to refuse to provide the Services for any reason at its sole discretion.
Limitation of Liability and Warranties
A. EXCEPT AS SPECIFICALLY PROVIDED HEREIN AND IN THE GT&C, 1&1 MAKES NO OTHER WARRANTIES WITH RESPECT TO THE SERVICES, WHICH ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, NOR DOES 1&1 MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE 1&1 SERVICES. 1&1 HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES AS TO THE AVAILABILITY, QUALITY, QUANTITY, OR CONTENT OF THE SERVICES PROVIDED TO YOU HEREUNDER; AND (2) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE AND ACKNOWLEDGE THAT NO REPRESENTATIONS OF ANY KIND HAVE BEEN MADE TO YOU REGARDING THE POTENTIAL VOLUME OF PATRONAGE OF YOUR WEB SITE AS A RESULT OF YOUR PURCHASING THE SERVICES. THIS LIMITATION OF WARRANTIES IS IN ADDITION TO THE LIMITATION OF WARRANTIES SET FORTH IN THE 1&1 GT&C.
B. 1&1, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF 1&1 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF 1&1 AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO 1&1 FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
C. You will indemnify and hold 1&1, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the ‘‘Indemnified Parties’’) harmless from any breach of this Agreement or the 1&1 GT&C by you, including any use of Content other than as expressly authorized in this Agreement or the 1&1 GT&C. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
Updated on: November 25, 2014
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