Terms of Service
FREE TRIAL PERIOD: The Services are currently being offered by Web Design Butlers (“Web Design Butlers”) on a 30-day free trial period. It is your responsibility to sign up for the paid service upon expiration of the free trial to avoid any interruption of service. Web Design Butlers is not responsible for lost or deleted content beyond the 30-day free trial. Web Design Butlers reserves the right to change the free trial policy at any time.
The following terms and conditions govern use of the Web Design Butlers website (www.webdesignbutlers.com) (the “Website”) and all content, services and products available at or through the Website, including, but not limited to, the Web Design Butlers web creation service (the “Service”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, 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 Agreement, then you may not access the Website or use any services. The Website is available only to individuals who are at least 18 years old.
- Your Web Design Butlers Account and Site
If you create a site on the Website using the Services (a “Customer Site”), you are responsible for maintaining the security of the Customer Site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Customer Site. You agree to not describe or assign keywords to the Customer Site that are misleading or unlawful. Web Design Butlers may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Web Design Butlers liability. You agree to immediately notify Web Design Butlers of any unauthorized uses of the Customer Site, your account or any other breaches of security. Web Design Butlers will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. Technical support for the Customer Site shall only be provided by Web Design Butlers to paying account holders who are current as to all payments due.
- Responsibility of Contributors
If you operate a Customer Site, comment on a site, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (all of such material, “Content”), You are solely responsible for such Content and any harm resulting from that Content, regardless of whether the Content constitutes text, graphics, an audio file, video, or computer software. By making Content available, you represent and warrant to Web Design Butlers that:
- The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party.
- If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content.
- You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms.
- The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content.
- The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).
- The Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party.
- The Customer Site is not named in a manner that misleads your readers into thinking that you are another person or company.
By submitting Content to Web Design Butlers for inclusion on the Customer Site, you grant Web Design Butlers a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the Customer Site. If you delete Content, Web Design Butlers will use reasonable efforts to remove it from the Customer Site, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
The Service is intended for use by businesses in and directly related to the food service industry. The Service is not permitted for franchises or chain operations. Web Design Butlers reserves the right to refuse to make the Service available to any business in its sole and absolute discretion.
Without limiting any of those representations or warranties, Web Design Butlers has the right (though not the obligation) to, in Web Design Butlers’s sole discretion: (i) refuse or remove any content that, in Web Design Butlers’s reasonable opinion, violates any Web Design Butlers policy or is in any way harmful or objectionable; or (ii) terminate or deny access to and use of the Website to any individual or entity. Web Design Butlers will have no obligation to provide a refund of any amounts previously paid.
- Content Posted to Customer Site
Web Design Butlers has not reviewed, and cannot review, all of the Content requested to be posted to a Customer Site. Web Design Butlers does not represent or imply that it endorses any of the Content or that it believes such material to be accurate, useful or non-harmful. You shall be solely responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Web Design Butlers is not responsible for reviewing the Content prior to posting on the Customer Site to confirm that it does not contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Customer Site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Web Design Butlers disclaims any responsibility for any harm resulting from the use by visitors of the Customer Site, or from any downloading by those visitors of Content posted to the Customer Site.
- Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which Web Design Butlers links, and that link to Web Design Butlers. Web Design Butlers does not have any control over those non-Web Design Butlers websites and webpages, and is not responsible for their contents or their use. By linking to a non-Web Design Butlers website or webpage, Web Design Butlers does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Web Design Butlers disclaims any responsibility for any harm resulting from your use of non-Web Design Butlers websites and webpages.
- Bulk Commercial E-Mail
You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it. You must comply with the rules of any other network you access or participate in using the Service.
- Copyright Infringement and Digital Millennium Copyright Act Policy
As Web Design Butlers asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Web Design Butlers violates your copyright, you are encouraged to notify Web Design Butlers. Web Design Butlers will attempt to respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Web Design Butlers or others, Web Design Butlers may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Web Design Butlers will have no obligation to provide a refund of any amounts previously paid to Web Design Butlers.
- Intellectual Property
This Agreement does not transfer from Web Design Butlers to you any Web Design Butlers or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Web Design Butlers. Web Design Butlers and the Web Design Butlers logo, and all other trademarks, service marks, graphics and logos used in connection with Web Design Butlers, or the Website are trademarks or registered trademarks of Web Design Butlers or Web Design Butlers’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Web Design Butlers or third-party trademarks.
- Allotted Bandwidth
Web Design Butlers does not set limits on the amount of web traffic the Customer Site can receive nor does Web Design Butlers charge additional fees based on increased use of bandwidth, as long as your use of the Service complies with this Agreement. Web Design Butlers retains the right to create limits on bandwidth and storage in its sole discretion at any time with or without notice.
- Service Uptime
Web Design Butlers will make reasonable efforts to ensure that the Website, Customer Site and Services are available consistently twenty-four hours a day. However, there may be times when these will be disrupted due to software maintenance, system upgrades and emergency repairs or due to malicious attacks or the failure of telecommunications equipment and links. Web Design Butlers will take reasonable steps to minimize the length of any such interruption.
YOU AGREE THAT WEB DESIGN BUTLERS WILL NOT BE HELD LIABLE IN ANY EVENT TO YOU OR ANY OTHER PARTY FOR ANY MODIFICATION, SUSPENSION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE SITE, THE SERVICE, OR ANY OTHER CONTENT.
Web Design Butlers reserves the right, at its sole discretion, to modify or replace any part of this Agreement or the Service. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Web Design Butlers may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. Web Design Butlers reserves the right to alter, and temporarily or permanently discontinue the Service or its current features with or without notice.
- Cancellation and Termination
Web Design Butlers may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your Web Design Butlers paid account, you are solely responsible for properly canceling your account. An email or phone request does not constitute an account cancellation. If you wish to cancel your Web Design Butlers paid subscription click here. Cancelling your Service may result in the immediate deletion of your Content. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Fees and Refunds
Prior to signing up for an account, we recommend that you test the Service using the free trial period. If you subscribe for Services, you will be billed on a monthly basis. If within the first 60 days of your Service you are not satisfied, you are not responsible for making a payment and will not be charged. This will terminate your account with Web Design Butlers. After 60 days, such fees shall be non-refundable.
You authorize Web Design Butlers directly or through third parties, to make any inquiries it considers necessary to validate your account, identity and credit worthiness. Your credit card will be billed immediately for the first month when you upgrade from a free account. The recurring monthly payments will occur on the same day of the month as your signup day for the duration of your subscription. In the event that you sign up for your subscription on a day that does not exist during certain months of the year (such as the 30th or 31st day), you will be billed on the last day of those months. Web Design Butlers fees are exclusive of any taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, with the exception of only federal or state taxes in the United States.
The pricing for all Services is subject to change upon 30 days notice from Web Design Butlers. Such notice may come either in the form of an email or through a general posting on Web Design Butlers.
- Disclaimer of Warranties
THE WEBSITE AND SERVICES ARE PROVIDED “AS IS”. WEB DESIGN BUTLERS AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER WEB DESIGN BUTLERS NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT THE WEBSITE OR SERVICES WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE WEBSITE AT YOUR OWN DISCRETION AND RISK.
WHILE WEB DESIGN BUTLERS WILL MAKE REASONABLE EFFORTS TO MAINTAIN AND BACKUP ANY CONTENT HOSTED ON EACH CUSTOMER SITE, WEB DESIGN BUTLERS IS UNDER NO OBLIGATION OR DUTY TO DO SO. YOU ARE SOLELY RESPONSIBLE FOR CREATING REGULAR BACK-UPS OF YOUR WEBSITE CONTENT. YOU ARE STRONGLY URGED TO BACK-UP COPIES OF ANY AND ALL CONTENT YOU PROVIDE TO WEB DESIGN BUTLERS FOR POSTING ON A CUSTOMER SITE.
- Limitation of Liability
IN NO EVENT WILL WEB DESIGN BUTLERS OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT OR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO WEB DESIGN BUTLERS UNDER THIS AGREEMENT DURING THE SIX (6) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. WEB DESIGN BUTLERS SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
- General Representation and Warranty
You agree to indemnify and hold harmless Web Design Butlers, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of or related to, (i) your use of the Website; (ii) your breach of this Agreement; (iii) any claim that the Content breaches the intellectual property rights of any third party.
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of Web Design Butlers, or by the posting by Web Design Butlers of a revised version. This Agreement, any access to or use of the Website will be governed by and construed in accordance with the laws of the State of Massachusetts, U.S.A., without giving effect to principles of conflict of laws that would require the application of any other law. The proper venue for any and all disputes arising out of or relating to this Agreement, shall be the state and federal courts located in Boston, Massachusetts. The substantially prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is found by a court to be invalid or unenforceable, that part will be construed to reflect the parties’ original intent and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Web Design Butlers may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
If you have any problems related to Web Design Butlers billing or are in need of technical assistance with your website, please feel free to email us any time.
If you find a Customer Site that you believe violates these terms of service, please inform us as soon as possible.
For further information, please email us or contact us via regular mail:
Web Design Butlers
PO Box 621
Lunenburg, MA 01462