deCodedDesigns.net Terms of Service

Content guidelines

In order to utilize the services provided by deCodedDesigns.net and/or it's Authorized Agents, You (the Client) are agreeing to be bound by this document:

When you hire deCodedDesigns.net to convert an existing website and/or create a new website, you guarantee that the site is not and/or does not contain:
  1. Copyrighted Content:  music, movies or games that you do not own the rights to
  2. Spam/SEO:  a site whose sole purpose is to gain Google ranking, Facebook "likes", etc
  3. Phishing:  a site meant to trick users into providing their username and password
  4. Illegal Content:  content which may be illegal in the United States
This list is a quick reference and is not meant to be complete. For more specific information, please refer to the Terms below.

1. Acceptance of terms

Welcome to deCodedDesigns.net's website conversion and creation service (the "Service"). Your use of the Service is subject to these Terms of Service ("Terms"). By using the Service, you signify your acceptance of these Terms. If you do not agree to these Terms, do not use the Service.

2. Description of service

Our Service creates Mobile-Ready Website Conversion Demos for interested parties, converts existing websites into Mobile-Ready Websites, and builds Custom Mobile -Ready Websites all using the Weebly.com website building online application. DeCodedDesigns.net does not own or have any financial interest in Weebly.com, is not in a partnership, or contractually connected in any other way (except that this website is built on the Weebly.com platform). DeCodedDesigns.net and Weebly.com are completely separate entities. Your obligations in regard to websites built on Weebly.com by deCodedDesigns.net are governed by the Weebly.com Terms of Service exclusively. Your agreement to hire deCodedDesigns.net to create, convert, or manage your website(s) that exist on Weebly.com servers is governed exclusively by this document. The Service may include certain communications from us, such as service announcements, administrative messages, and the deCodedDesigns.net Newsletter. These communications are considered part of deCodedDesigns.net service. 

3. Registration

To contract with deCodedDesigns.net as a Client, you must provide us with a valid email address and other information ("Registration Data"). You are responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account with Weebly.com. 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 deCodedDesigns.net 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.

4. Cancellation and termination

A signed uncompleted Scope of Work agreement may only be canceled for a Violation of these Terms of Service after following the process explained in Section 23 of this document. If you cancel the Service before the completion of the Scope of Work agreed to, your cancellation will take effect immediately. After cancellation, you will no longer have access to your web site until you have paid all outstanding debts entered into via signing the Scope of Work. If after the 10 day Grace Period we have not received payment in full on your outstanding debt, we may delete all information on your web site at our discretion. We accept no liability for such deleted information or content.

For as long as we continue to offer the Services we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue the Service, partially or entirely, or change and modify prices for all or part of the Services for you or for all our Clients in our sole discretion but will honor the completion of all signed Scope of Work contracts OR refund all monies collected on those uncompleted Scope of Work contracts. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted.

5. deCodedDesigns.net privacy policy

How we collect, protect and use your Registration Data and certain other information about you are contained in our Privacy Policy, which is part of these Terms.

6. Website account and security

As long as an unpaid balance exists, You are only responsible for the content you personally create and deCodedDesigns is only responsible for the content it creates. You agree to immediately notify us in writing of any unauthorized uses of the editing account supplied to you by deCodedDesigns.net 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 we be liable, in any way, for any or your acts or omissions or those of any third party, including damages of any kind incurred as a result of such acts or omissions. Once you have paid your balance in full, the Weebly.com account that was created on your behalf will be transferred to your email address and become your personal exclusive responsibility. Then, 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.

7. Your rights in your content

DeCodedDesigns.net does not claim ownership of your Content or any Custom Content created on your behalf by a deCodedDesigns Authorized Designer according to a Custom Design or Conversion Agreement (Scope of Work), but you give us your permission to host your Content on Weebly.com servers on your behalf. This permission exists only for as long as you continue to use the Service or remain a  Client.

8. Content and conduct rules and obligations

All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials that deCodedDesigns.net posts on your behalf via the Weebly.com web site are the sole responsibility of the person from which such Content originated. You are responsible for all Content that deCodedDesigns.net uploads, posts, transmits or otherwise make available via Weebly.com while contracting us for that purpose. We do not control the Content you post via Weebly.com yourself nor the Content we post on your behalf while under contract with you, although we do reserve the right to refuse to post Content on your behalf that we deem to be a violation of Weebly.com's Terms of Service.

By using the Service, you acknowledge that we do not pre-screen Content posted by you directly, but that we shall have the right (but not the obligation) to refuse, move or delete any Content that you post to Weebly.com, that we believe violates their Terms of Service. We shall also have the right to remove any Content that violates these Terms or is otherwise objectionable in our sole discretion IF, after notifying you and asking you to remove it, you refuse to do so within 24 hours. 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 agree that you will not:
(THIS IS QUOTED FROM THE WEEBLY.COM TERMS OF SERVICE)
  1. upload, post, transmit or otherwise make available any Content that 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;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, a deCodedDesigns.net official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  5. upload, post or otherwise transmit any Content that 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);
  6. upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
  7. upload, post, or transmit 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;
  8. upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. 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;
  10. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  11. "stalk" or otherwise harass another;
  12. 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;
  13. offer for sale or sell any item, good or service that (i) violates any applicable federal, state, or local law or regulation, (ii) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (iii) we determine, in our sole discretion, is inappropriate for sale through the Service;
  14. use the Service as a forwarding service to another web site;
  15. solicit a third party’s passwords or personal identifying information for unlawful or phishing purposes;
  16. exceed the scope of the Service that you have signed up for; for example, by accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other peoples comments or content; (q) upload, post or otherwise transmit any Content that is intended to take advantage of a user. Such content may include, but is not limited to, "get rich quick", "get paid to surf", pyramid/MLM, or other dubious schemes.
  17. include more than three ad units per page, or any advertising that greatly reduces the usability of the site.
  18. upload files for the sole purpose of having them hosted by us and for use outside of a web site created using the Service.
  19. create a web site that provides an injurious user experience with custom programming. Examples include, but are not limited to, extreme flashing banners and excessive animated movement.
  20. upload, post or otherwise transmit any Content that is adult in nature, such as any nudity in a sexual context, any Content revealing exposed genitalia, or any Content with adult themes.
We retain the right to terminate any contract with any client who has violated any of the above prohibitions.

9. Fees/payment

Some of our Services require payment of fees. If you elect to sign up for these Services, you shall pay all applicable fees, as described in your Quote and Invoice signed by both parties (deCodedDesigns.net and You) in connection with such Services selected by you. We reserve the right to change our prices and at any time, but you are only obligate to pay as agreed in your personal Quote/Invoice. You authorize us to make any reasonably necessary inquiries to validate your identity and financial information.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment thereof. You agree to pay for any taxes that might be applicable to your use of our Service(s) and payments you make to us.

10. Money back guarantee

We guarantee that your new or converted website will be easily viewed and navigated on 99% of all iphones, ipads, android devices, laptops, desktops, and smart TVs when accessed through those device's default web browsers (we recommend Google Chrome for best performance on all devices). We guarantee that your new website will be built to your specifications as agreed in your personal quote from us. We guarantee that the mobile conversion of your existing website will include all of the content and functionality found in your existing website (or as agreed in your Personal Quote) fully-optimized for Mobile. Your satisfaction is guaranteed. If we fail to deliver as agreed, we will make every reasonable effort to correct the issue, if you are still not satisfied you will receive a partial or full refund of all monies paid so far and all work will stop.

If you elect to purchase your own domain name and/or a 3rd Party Website Template compatible with the Weebly.com platform, this purchase is non-refundable and not subject to this money back guarantee.

11. Additional software

If you elect to download or access any additional software or third party content made available by us through the Service, you must agree to additional terms and conditions before you use such software or third party content. If you do not agree to the third party’s terms of service or license agreement, do not download the software or content.

Your use of any third party software or content obtained through the Service does not transfer to you any rights, title or interest in or to the third party software or such content beyond the terms contained in the third party provider's terms of service or license.

12. International use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

13. Links

The Service may provide links to other web sites or resources. Because we have no control over such sites and resources, we are not responsible for the availability of such external sites or resources, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. We are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

14. Themes

If you choose, you may contribute your custom Weebly.com website themes ("Custom Themes") to deCodedDesigns.net for use by deCodedDesigns.net in the development of other websites. By doing so, You hereby grant and agree to grant us an non-exclusive, perpetual, sublicensable, 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 media assets therefor. Where licenses are incompatible with this part of our agreement, the existing licenses of the content will be honored.

15. Indemnity

You agree to indemnify and hold deCodedDesigns.net, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, use of or connection to the Service, violation of these Terms, or violation of any rights of another.  

16. General practices regarding use and storage

We may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time with or without notice to you.

17. Our proprietary rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or in information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or our advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.

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 deCodedDesigns.net 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 (as defined herein), or to personal information that is subject to our Privacy Policy.

18. Disclaimer of warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. 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.
  2. 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, MISDELIVERY 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. deCodedDesigns.net DOES NOT WARRANT THAT  (i) Weebly.com's SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) Weebly.com's SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Weebly.com's SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH Weebly.com's SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN Weebly.com's SERVICE WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Weebly.com's SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

19. Limitation of liability

WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF deCodedDesigns.net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE Weebly.com's SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM Weebly.com's SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO Weebly.com's SERVICE. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO deCodedDesigns.net SERVICE(S) SHALL NOT EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICE(S) IN QUESTION.

20. Exclusions and limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 20 AND 21 MAY NOT APPLY TO YOU.

21. U.s. government restricted rights

The materials on the Service are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of our proprietary rights in them.

22. General

We may provide notices to you via either email or regular mail. The Service may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Service. These Terms and the relationship between you and deCodedDesigns.net shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and deCodedDesigns.net agree to submit to the personal and exclusive jurisdiction of the courts located within Tampa, Florida. The failure of deCodedDesigns.net to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and your personal Quote, Invoice, and Scope of Work constitute the entire agreement between you and us and govern your use of  the deCodedDesigns.net Service, superseding any prior agreements (including, but not limited to, any prior versions of these Terms). You also may be subject to additional terms and conditions that may apply when you use affiliate or other services, third-party content or third-party software. If any provision of these Terms or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. You acknowledge and agree that you are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, more than one person's claims may not be consolidated under any circumstances, in any form of any class or representative proceeding or otherwise. 

23. Violations

A violation of these terms can be claimed by either party and SHALL be communicated to the opposing party via email and/or Certified Mail with Signature Required and Return Receipt. After receipt of said notification by the opposing party, that party SHALL respond using the same delivery method as used to receive said claim with a Good Faith proposal to correct the claimed violation of these Terms of Service. Each party shall have 3 days to make and to respond to such claims. If either party does not make or respond to such claims or proposals for resolution of claims within the above time period, or after receiving a proposal for the resolution of a claim does not agree to accept such proposal, then either party may unilaterally cancel any uncompleted Scope of Work contract. Cancellation will take effect immediately.  If a Scope of Work contract is cancelled prior to its completion, then the Client will be liable for all work done up to the date of cancellation. The final bill will be calculated based on the per page flat rate quoted in the canceled Scope of Work. After cancellation, you will no longer have access to your web site until you have paid all outstanding debts entered into via signing the Scope of Work. If after the 10 day Grace Period we have not received payment in full on your outstanding debt, we may delete all information on your web site at our discretion. We accept no liability for such deleted information or content. All websites created by deCodedDesigns for clients start off using one of our email addresses as the owner of the account and give you editing privileges only. Once full payment is made, we then transfer full ownership and control of the website to you. So, if you do not pay your invoice after the 10 day grace period, we WILL disable your website until full payment is received.