1. Entities and Terminology

1.1 Definitions and Interpretations

For purposes of these terms of use, it is imperative to understand the specific meanings attributed to certain terms and designations. The definitions set forth below are intended to provide clarity and uniformity in understanding:

SITE123 LTD: Hereinafter referred to as “The Provider”, “We”, or “Us”, this entity represents the platform that facilitates users' online activities and extends various digital tools for web-related pursuits.

User or Users: Denoted also as “Client”, “You”, or “Visitor”, this term pertains to any individual who interacts with the Provider's infrastructure, availing themselves of the platform’s diverse resources, and actively partaking in services extended by the Provider, such as website creation and email packages.

User Account: Also referred to as “Your account”. Pertains to the account established by the user. This account can encompass websites, domains, digital cards, mailboxes, and any other products offered by the provider, also known for example as “Your Website”, “Your Domain”, etc. 

End-User: Defined also as the client’s or user’s customer, the "end-user" signifies any individual who accesses a website created through our system, irrespective of the device or method employed for such access.

The Platform: Sometimes referred to as “The Platform”, “System” “Our System” or “Our Platform”, this represents the digital infrastructure availed by clients for varied purposes, encompassing website design and email functionalities, among other services.

Third-party Entities: Refers to independent entities tasked with providing essential technological solutions, infrastructure, and tools integrated within our system. These entities enhance the overall experience for both users and the Provider.

Registration Manager: External entities assigned with the responsibility of managing the procurement and validity of domain names, pivotal in the crafting of distinct online presences.

Affiliate: An entity or individual that promotes traffic to the Provider's platform, and in return, secures commissions premised on the successful onboarding of customers, typically calculated as CPA (Cost Per Acquisition).

Expert: Designates an adept user who leverages the Provider's platform for designing websites for clients and enjoys benefits such as commissions, branding, and more.

2. Registration and Using Our Services

2.1 Informed Consent and Agreement

Your interaction with our services implies your acceptance of these Terms of Use and other relevant platform terms. Your informed consent underlies your engagement with our platform. If you disagree with these terms, we advise refraining from using our Services.

Upon registration or platform engagement, you confirm that you are aged 18 or older, and possess the legal capacity for binding agreements without additional permissions. Your participation affirms your age and capacity, requiring no extra permissions.

Your engagement with our platform is bound by these Terms of Use, forming a binding legal agreement that outlines both parties' rights and responsibilities.

These Terms of Use are supplemented by other platform terms. In cases of discrepancies, these terms take precedence, ensuring consistency and clarity.

2.2 Communication Preferences and Consent

By registering for our service, you hereby acknowledge and consent to be contacted by us via various channels. This includes but is not limited to, Email, SMS, WhatsApp, Phone calls, Popup messages on the platform, and browser notifications. The purpose of these communications may be to inform you about system updates, recommend offers, share discounts, introduce new products, or any other information we, at our sole discretion, deem relevant to you.

While we value our communication with you, we respect your privacy. Should you wish to opt out of receiving certain communications, you can do so by "unsubscribing" where the option is provided (e.g., in emails) or by sending a request to info@site123.com. However, please be aware that choosing to unsubscribe from our communications may impact the service we offer to you. For instance, it may result in the inability to renew your website plan. By opting out of communications, you understand and accept these potential implications and agree not to hold us liable for any consequences arising from your decision.

2.3 Privacy Policy Acknowledgment

As part of using our Services, you recognize that you have reviewed and understood our Privacy Policy, accessible on our platform and in this link www.site123.com/privacy

3. Limitation of Liability

3.1 Disclaimer of Warranties

We don't provide warranties, whether implied or explicit, including merchantability, fitness for a specific purpose, workmanship, non-infringement, or any other warranty – as permitted by law. We don't assure the completeness, accuracy, quality, reliability, security, suitability, or compatibility of our Services with your intended activities, devices, systems, browsers, software, or legal requirements. We also don't guarantee the absence of bugs, program limitations, or other elements during operation. Our system offers tools to users "as is" in their current state. We decide on tool inclusion; users can't request functionalities beyond the system's capabilities. We may consider system development based on user input, but it's not obligatory. Our Services are provided "As Is," "with all faults," and "As Available."

3.2 System Modifications

We retain the right to intermittently make alterations to the system structure, appearance, and service availability without advance notification. This encompasses modifications to various facets, including but not limited to pages, colors, website structures, e-commerce tools, modules, layouts, styles, fonts, third-party tools, plugins, general design components, and more. Clients are not entitled to lodge claims or demands against the Provider arising from these adjustments. Clients acknowledge that these changes might be implemented for disclosed or undisclosed reasons. Additionally, the Provider holds the prerogative to enact system changes that could influence the visual and functional aspects of clients' websites. It's important to acknowledge that our website builder is a commercial product, and our commitment lies in ensuring optimal website performance for all clients.

Furthermore, the Provider reserves the authority to suspend and/or discontinue services and system operations, whether internal or provided by a third party, at their sole discretion. Such decisions are made to ensure the overall effectiveness and sustainability of our platform.

3.3 Service Reliability

The Provider does not guarantee that the system's service or server will be immune to interruptions, malfunctions, or unauthorized access. Instances of hardware or software failure, communication line disruptions, or external harm could impact the service. In such cases, the Provider is indemnified from direct or indirect damages, personal suffering, and related consequences arising from the events above. Every conceivable effort will be made to maintain uninterrupted service.

3.4 Data Exposure

Information submitted to the system will be accessible to all Internet users and may be disseminated through various information channels. Exercise caution when sharing personal information, such as addresses and phone numbers, and when responding to inquiries received through the system. Similar prudence should be exercised in data exchanges as in non-digital communications.

4. Intellectual Property and Copyright Ownership

4.1 Ownership and Intellectual Property

The Provider retains complete ownership and exclusive rights over all copyrights and intellectual property associated with the system, encompassing software, applications, computer code, design elements, graphic files, textual content, and other materials within the system. This extends to elements like software, applications, computer code, design features, graphic materials, and textual content within the system. Unauthorized reproduction, distribution, public display, or sharing of these materials with third parties is strictly prohibited without the Provider's prior written consent. While using our Services, you acknowledge that this Agreement does not confer upon you any rights, title, or interest in the Services, trademarks, logos, brand features, intellectual property, trade secrets, or the content of others within the Services. You also agree not to modify, translate, or create derivative works of the Services or others' User Content. This includes instances where payment is made for using our services; ownership and intellectual property remain with the Provider.

4.2 User Content Ownership and Rights

The operation of our Services doesn't imply endorsement of User Content. We don't publish or take liability for User Content accessible via the Services. Your Content and related materials, such as designs, images, videos, etc., are owned by you. We do not claim ownership but may need access to, upload or copy your Content for service purposes. By using our Services, you grant us a non-exclusive, transferable license to use your User Content for the intended purpose.

4.3 Attribution Link

The Provider reserves the authority to integrate a text line or logo into client systems' footers. This attribution link is directed to a designated network location chosen by the Provider. The Provider retains the flexibility to adjust the link's design, size, text, logo, placement on the website, and target location at any time without prior notice. While the attribution link remains a constant in the client's website, removal is feasible, through purchasing specific premium paid packages provided by the Provider. Any changes to the link's design and placement will be made at the Provider's discretion, while the client will have no claim about it.

4.4 Template Selection and Usage

The Provider offers clients the privilege of choosing from a diverse range of meticulously designed templates. This curated selection empowers clients to harmonize their site's visual appeal with their distinct brand identity. The Provider holds the discretion to discontinue specific design templates, potentially affecting active template users without prior notice. This includes not only templates but also includes page layouts, website structures, comprehensive template design, and related design elements. While we strive to provide suitable alternatives, no binding commitment is imposed.

4.5 External Hosting Not Possible

Creating a website within the system and subsequently hosting it on external servers or outside the system's framework is not possible and in any case, it is explicitly prohibited.

5. Freedom of Expression and Content Management

5.1 General

Preserving the fundamental value of Freedom of Expression within our platform while upholding legal standards is a cornerstone of our system. Nonetheless, You are prohibited from posting or uploading content of an explicit sexual nature, content that includes threats, defamatory statements, content that incites criminal or civil offenses, content infringing upon privacy rights, content that is harmful or offensive to public sentiment, and any content that constitutes a breach of applicable laws. Furthermore, content that lacks proper ownership of intellectual property rights, as well as content containing any form of computer viruses, is strictly prohibited.

5.2 Provider's Limited Liability

The Provider assumes no liability for the nature or quality of content present within the system or on any end-user devices where it is displayed. This includes but is not limited to content reliability, accuracy, credibility, and potential impact on users' devices. The Provider disclaims responsibility for any direct or indirect consequences arising from the use of such content, including but not limited to damages, inconveniences, losses, or distress suffered by you, your property, or any third party.

5.3 Public Exposure of Content

Any content you publish or distribute on the platform may become accessible to everyone. The Provider cannot foresee or control the responses or reactions your content may elicit from end-users. As such, the Provider cannot be held accountable for any responses or ensuing consequences resulting from such responses, whether impacting you, your property, or any associated party.

5.4 Content Evaluation and Removal

The Provider retains the right to decline the publication of content if it is believed to violate any of the aforementioned guidelines or if it poses potential harm to the system or any third party. The Provider reserves the authority to delete such content without prior notice or warning.

If you have inquiries or require clarification regarding these content-related terms, we encourage you to engage with our support team or reach out to us at privacy@site123.com or abuse@site123.com.

6. Security Measures and Backups

6.1 User Account and Registration

To access and utilize our services, you must create a user account ("User Account"). During registration, you'll establish a secure password and link it with your registered email for accessing our platform. Maintaining password confidentiality is vital for account security. Regular password updates, around every three months, are advisable. Remember, all activities using your registered account are your responsibility. Your registered email is key for password recovery and essential communications. You may also appoint a "Contributor" to aid site management. Their actions extend from your own, making you liable. Exercise caution when selecting Contributors as their actions affect your duties. The responsibility of ensuring that external entities do not gain unauthorized access rests with the users. This includes preserving the confidentiality of login details and using additional authentication procedures when possible. Consider advanced security measures like two-factor authentication (2FA) to bolster account security. For questions or clarifications, reach out to our support team at support@site123.com.

6.2 Data Integrity and User Responsibilities

While the Provider prioritizes measures to ensure data integrity, liability cannot be assumed for any information deleted from the system or resulting from malicious hacking incidents. It is crucial for users to be vigilant and employ strong data management practices.

6.3 User Permissions Management

Users are reminded to be prudent when assigning system permissions. Making accurate assessments and carefully selecting authorized personnel can minimize security vulnerabilities. A regular review and modification of permissions are essential.

6.4 System Blocking Tools

The system provides tools allowing users to limit access to certain pages or content. However, the Provider cannot guarantee absolute security against unauthorized access, even if the right permissions are missing. Users should, therefore, refrain from uploading critical or confidential data.

6.5 User Vigilance During Content Management

Users are advised to be alert when uploading, sharing, or managing system content. It's essential to utilize available tools wisely and be cautious when handling sensitive information.

6.6 Secured Communication Practices

It's important to be cautious while transmitting sensitive data through the system. Secure communication channels should be employed for any confidential interactions.

6.7 Keeping Up with Platform Enhancements

Users should always be aware of system updates and patches as they frequently carry crucial security improvements. To uphold platform security, it's imperative to implement these updates without delay.

6.8 User's Role in Backups

Users have the primary responsibility to protect and maintain backups of their systems. Before any content is uploaded to the system, clients should ensure they have and retain duplicate copies, aiding in data preservation and recovery. Should there be any data loss or system disturbances, having recent backups considerably facilitates recovery efforts. Regular backup routines are a cornerstone of a resilient data recovery approach.

6.9 Provider's Backup Limitations

The Provider does not hold responsibility for backing up the client's system. While aiming to deliver a secure and reliable platform, the onus of initiating and preserving necessary backups remains with the client.

7. Web Accessibility & Disability Rights

7.1 General

In our commitment to fostering inclusive digital experiences, We are dedicated to ensuring our website is accessible to everyone, including individuals with disabilities. We've invested substantial time and effort to create an accessible website aligned with established accessibility guidelines. We leverage diverse technologies to conform to the Web Content Accessibility Guidelines (WCAG) 2.0 at the AA level, a recognized benchmark for accessibility standards. While we strive for comprehensive site accessibility, certain sections of our website may not fully conform to WCAG 2.0 guidelines. If you encounter any accessibility issues, we invite you to share your feedback, notes, comments, or suggestions at accessibility@site123.com. Our devoted team is eager to enhance accessibility and values your input in identifying areas for improvement.

7.2 Responsibilities Regarding Equal Rights for Persons with Disabilities (Service Accessibility Adjustments)

It's essential to recognize your obligations under regulations related to equal rights for individuals with disabilities, specifically concerning service accessibility adjustments. We urge you to acquaint yourself with your country's laws and regulations, including the stipulated timelines for compliance. Please understand that obligations arising from these regulations are your sole responsibility, necessitating your adherence. It's important to note that adapting your website to comply with regulatory requirements is not a service we provide. This consideration applies to all our offerings, including free, trial, and paid services.

7.3 The Accessibility plugin

While our toolkit includes an Accessibility plugin, it's crucial to acknowledge that its use doesn't guarantee full alignment with your region's accessibility guidelines. The decision to conform to your jurisdiction's requirements lies solely with you. We encourage you to fully comprehend the applicable requirements and determine how best to utilize the platform's components and tools we offer.

For any feedback, our company's accessibility representative, Chris, is available at accessibility@site123.com. We value your collaboration in our ongoing pursuit of accessibility excellence.

8. End Users on Your Site

8.1 Provider's Non-Involvement

The Provider assumes no responsibility for disputes, disagreements, or interactions that may transpire between the user and the end users. The Provider abstains from engaging in or intervening in any such matters.

8.2 Equitable Application of Terms

All the terms and conditions stipulated within our system are equally applicable to the end users of your website. It is your responsibility to disseminate this information to the end users on your website, ensuring awareness of the governing regulations. As part of the website's administration, you are required to sustain alignment with the terms and conditions provided by our system. This is integral to the seamless operation and continued compliance of the website.

8.3 User Conduct and Responsibilities

The user holds the responsibility for the conduct and behavior of end users on the website. It is incumbent upon the client to ensure that the website's content and user interactions align with acceptable standards and do not infringe upon the terms outlined in our system.

8.4 Information Dissemination

The user is obliged to apprise end users of the existence of terms and conditions applicable to the website. This may include the integration of notices, disclaimers, or links to the terms and conditions within the website's interface, enhancing user transparency and compliance.

8.5 Protection of End Users' Rights

The client shall ensure that the rights and privacy of end users are upheld in accordance with relevant laws and regulations. This includes safeguarding personal data and refraining from any action that may compromise end-users rights.

9. Trial Period and Limited Free Usage

9.1 General

Our platform offers users the opportunity to access our services either for free or during a trial period. The terms for this accessibility are as follows:

Users have the option to explore our system’s features either through a trial phase or with limited free access. The duration of these periods, defined by the Provider and open to periodic changes, can be referenced in our provided information. This time allows users to determine the platform's suitability for their needs. Following the trial or limited free access, users can either transition to a paid subscription for continued, uninterrupted service or remain on limited free usage. The Provider reserves the right, at its sole discretion, to modify the availability or duration of these offers, for all or specific products, without prior notice.

10. Payment Policy

10.1 General

Our Payment Policy is designed to outline the terms and conditions governing the financial aspects of your engagement with our platform. Please review the following details for a comprehensive understanding of our payment practices.

10.2 Payment Completion and Billing Procedures

To access and use the services or products you've selected, completion of the full payment is mandatory. This aids in a seamless experience with your chosen offerings. In instances of delays due to credit card, bank transfer, PayPal, or any other payment method (when available), and if there are complications in validation or processing, the Provider reserves the right to momentarily halt services until the issues are addressed and complete payment is received. We also acknowledge various payment methods, but their effectiveness is contingent upon complete payment receipt and respective approvals.

Our Billing and Payment Procedures ensure that all active client accounts are invoiced based on their designated billing cycle, starting from the account's inception date. To avoid potential disruptions, we urge clients to revise any changes in their payment information. This thorough procedure ensures a fluid payment process while upholding the caliber of our service.

10.3 Acknowledgment of Auto-Renewal

To ensure uninterrupted service continuity, certain Paid Services provided by us include an inherent automatic renewal mechanism. This means that unless manually disabled by you, these Paid Services will automatically renew at the conclusion of the existing subscription period. The renewal duration will mirror the original subscription period. The renewal cost will remain consistent unless influenced by applicable Tax adjustments or discounts (excluding initial promotional offers).

We will make efforts to automatically charge the associated Fees approximately two weeks before the renewal window. If any complications arise during the Fee collection process, we hold the discretion to attempt collection at a later time or to temporarily suspend or terminate your User Account.

By consenting to these Terms of Use and procuring a Renewing Paid Service, you acknowledge and accept the outlined automatic renewal procedure. If you decide to opt out of the auto-renewal feature for Renewing Paid Services, this modification can be made at your convenience through your User Account. To avoid auto-renewal, you must disable the auto-renewal at least two weeks before the end of the package since this is when the auto-renewal process starts. Once the auto-renewal process occurs, the new period is valid, and no refunds will be given.

In relation to the aforementioned, it is important to note that you are fully responsible for ensuring the successful renewal of the services you utilize. This responsibility applies irrespective of whether such services are subject to automatic subscription renewals. This includes verifying and ensuring the proper continuation of your services following the initial subscription period.

Consequently, any discontinuation of services previously acquired by you, due to factors such as cancellations, non-processing of recurring Fees, or services that are not configured for automatic subscription renewals, falls under your sole responsibility. Any claims arising from the termination of services or Third Party Services, regardless of the reason, shall not be directed toward us.

As a specific illustration, it's important to highlight that we cannot be held liable for any loss or damage incurred in the event of a failure to renew a domain name. This extends to situations where another party purchases the domain as a result of the renewal failure. Please consider this example as part of your understanding of the responsibilities associated with your service utilization.

10.4 Promotional Discounts

If you've taken advantage of a discount or promotional offer, it's important to be aware that upon the conclusion of the respective discounted period, your subscription for the relevant service(s) will automatically renew at the standard applicable Fee. This renewal process does not constitute a modification in fees, and as such, no advance notice will be provided. Your purchase signifies your acknowledgment of this process, and you agree not to make any claims for pricing changes or modifications based on this renewal.

10.5 Notification of Fee Changes

We reserve the authority to modify our fees at our discretion. If such adjustments have an impact on your ongoing subscriptions, we will ensure to promptly notify you about the changes.

10.6 Taxes

In accordance with applicable regulations (unless specifically stated otherwise by us in writing), all fees do not encompass any relevant taxes (including value-added tax, sales tax, goods and services tax, etc.), dues, or obligations imposed by tax authorities ("Taxes"). Responsibility for remitting Taxes related to your usage of our services or any payments rests with you. 

If we are required to collect or remit taxes for your fees, these taxes may be added to any outstanding fees and will be detailed in the Invoice. It's advisable to verify any supplementary charges imposed by third parties, like international transaction fees or currency conversion fees, in connection with paid services purchase or renewal. We do not assume liability for such additional fees.

10.7 Invoices

To facilitate Invoice issuance, we might require specific Personal Information, as outlined in the Privacy Policy, to ensure adherence to local regulations. This information will enable us to tailor each Invoice, which will be promptly delivered to your registered email address upon billing. These invoices will be generated in electronic format and customized based on the country specified in your billing address. You can conveniently access them either through your User Account or via email.

It's important to note that while the Invoice accessible within your User Account offers convenience, it might not fully satisfy all local legal prerequisites. In such cases, it can serve pro forma purposes as needed.

10.8 Refunds

A 14-day money-back policy exists after the initial purchase of a new website package (free to premium) for a 3-month package or more. This policy does not extend to monthly website packages (if and when offered), website renewal payments, or upgrades between packages, domains, design packages, or email accounts, whether they were initiated manually or automatically. Additionally, it's important to be aware that long-term prepaid services do not qualify for proportional refunds in case of discontinuation.

Following the conclusion of the Money-Back Policy Period (also known as the "Refund Period"), the Fees remitted by you shall become non-refundable and cannot be canceled. In situations where, contrary to our money-back policy, we choose in our sole discretion, to authorize a refund, the decision to impose and subtract a cancellation fee from the reimbursed amount will rest solely with us. The precise cost of this cancellation fee will be determined by us, and you hereby acknowledge and consent that you will not raise any objections in this regard.

Upon selecting certain plans, you may receive a complimentary domain voucher at no additional cost. Please be aware that in the event of plan cancellation within the 14-day money-back policy (refund period), or if we decide, at our sole discretion, to issue a refund for a purchased plan for any reason (including renewals), the domain's cost will be deducted from the total amount paid. It's important to note that domains are non-refundable. The deduction will reflect the domain's stated cost on our platform, consistent with its standalone purchase price. In case we encounter any obstacle in deducting the domain amount, the domain will be temporarily suspended until full payment is received.

10.9 Disputes and Chargebacks

In the event of a dispute or a chargeback, for any payable fees due to us, this will be regarded as a violation of your payment obligations outlined herein, and your access to our services may be automatically suspended or terminated.

Should a dispute or chargeback occur, your User Account may be blocked, preventing re-purchase or re-use, and any data within your User Account, including domains, applications, and Third Party Services, could face cancellation and Capacity Loss. Access to our services will only be reinstated upon re-subscribing for the affected services and settling all relevant fees in full, which includes charges incurred by us and/or any Third Party Services for each dispute or chargeback (comprising fees for services provided prior to the dispute, handling, and processing charges, and payment processor fees).

To address payment concerns, we encourage you to initially engage with our Billing team at billing@site123.com before initiating a dispute or chargeback. This step will help avoid the cancellation of our services and the blocking of your User Account and will prevent unjustified or erroneous disputes that may lead to liability for applicable fees and necessitate repayment of all fees related to our services purchased (and disputed) by you.

Please be aware that we retain the right to challenge any received disputes or chargebacks. We may provide pertinent information and documentation to the relevant credit card company or financial institution to demonstrate that the responsible User indeed authorized the transaction and utilized the provided services.

10.10 Termination and Transaction Cancellation

Clients seeking to discontinue engagement with our Provider prior to the conclusion of the contracted period may do so; however, no refunds will be provided. All transactions are considered final and prearranged. This principle applies to all products offered by our company.

11. Domain Registration and Management

11.1 General

Navigating the intricate landscape of domain registration and management necessitates clarity and precision. This section elucidates the terms underpinning the process and responsibilities associated with the acquisition and control of domain names.

11.2 Registration Manager's Authority

The Registration Manager holds the authority to accept or decline domain registration or renewal requests at their sole discretion. This encompasses any reasons, including instances where the chosen domain name is ineligible for registration as per the manager's binding rules. The Provider bears no responsibility for unfulfilled renewals or purchases.

11.3 Domain Name Registration

A domain name's registration or renewal only materializes upon execution by the Registration Manager. The Provider's capacity to predict the exact timing of registration is limited, as it operates beyond our purview.

11.4 Provider's Limited Role

The Provider's involvement is restricted to the platform's operational aspects. The actions, decisions, and omissions of Registration Managers lie beyond our sphere of control, thereby eliminating claims or demands against us for their actions, including registration rejection or suspension.

11.5 Domain Registration Cancellation and Modification

If you wish to cancel domain registration after placing an order, this option is available to you. However, it's crucial to understand that such cancellations do not result in refunds for the remaining period of the registered domain. Moreover, Once a domain name is ordered, modifications or substitutions with alternative names are not feasible.

11.6 Domain Transfer and Renewal

Transferring domains between registries or renewing an expired domain may take up to five business days. The responsibility for overseeing these processes lies with the pertinent Registration Manager.

It's important to note that transferring a domain to us may incur additional service costs, including renewal expenses for an additional year. These associated costs are the responsibility of the customer, and payment for such expenses shall be required.

11.7 ICANN Guidelines and Domain Details

To ensure accurate and updated domain holder details, adherence to the Internet Corporation for Assigned Names and Numbers (ICANN) regulations is imperative. Holder details for domains such as COM, NET, BIZ, ORG, NAME, INFO, MOBI, etc., should be correct, accurate, and promptly updated.

11.8 Email Confirmation and Domain Activity

Domain holders must validate their email addresses by clicking an automated link sent to the provided address. Failure to confirm within 15 days from registration/update results in domain suspension. This suspension does not equate to deletion but rather halts the domain's online activity. It's essential to recognize that suspension doesn't negate the need for renewal at the registration's termination. Non-renewal will eventually lead to domain deletion.

It is the sole responsibility of the customer to ensure the completion of the email confirmation process within the stipulated timeframe. Any failure to complete the email confirmation process is the customer's liability, and as such, the customer shall have no claims against us for any damages or losses incurred as a result.

11.9 ICANN Resources and Rights

ICANN provides comprehensive resources outlining domain holders' rights and obligations, specifically regarding generic top-level domains (gTLDs). Additional information can be found here: ICANN Resources. https://www.icann.org/resources/pages/registrars/registrars-en

12. Email Services

12.1 General

Our platform empowers clients to procure mailboxes under their unique domain names, fostering a distinct and professional online communication avenue. The client bears the responsibility for incoming messages received through the purchased mailbox, including those carrying potential threats such as viruses. Employing necessary safeguards against such malicious elements remains the client's prerogative.

12.2 Mailbox Backups and Client Responsibility

Acknowledging the importance of data integrity, it is imperative to note that the Provider does not facilitate backups of mailboxes. Clients are entrusted with the task of downloading incoming messages to a personal computer using the appropriate protocols. Any messages retained solely on the mail server shall not be the Provider's responsibility, especially in cases of data damage or loss.

12.3 Mail Server Performance

While striving for optimal service, it is important to recognize that the Provider cannot assume responsibility for potential malfunctions within the mail server's operations. Instances, where messages fail to reach their intended destination or are not received in the client's mailbox, are beyond the Provider's control.

12.4 Content Integrity

The Provider holds no accountability for damage incurred by content uploaded or received through the mail server. This encompasses email messages, contact information, calendars, and the like.

12.5 Submission Limitations

To avert instances of mail server blocking, the Provider retains the authority to implement limitations on the number of submissions performed from each mailbox. This measure serves to maintain the integrity of our email infrastructure.

12.6 Mailbox Removal Based on Compliance

The Provider reserves the right to remove user mailboxes from the mail server should complaints emerge from Internet service providers and global spammer blacklists. This action is undertaken to ensure alignment with reputable email practices.

13. Spam Restrictions

13.1 Anti-Spam Policy

Utilizing our services to send spam, either directly through our platform or by leveraging external entities, is strictly prohibited. We maintain a zero-tolerance policy for spamming activities.

13.2 Impact on Provider's Infrastructure

Engaging in spamming activities that disrupt the Provider's servers or ongoing operations may result in severe consequences. In response to any such disruptions caused by spamming, whether internally or externally driven, the Provider retains the right to employ appropriate measures. These measures could encompass terminating services rendered to the client or removing the site from our network, with or without prior notice.

13.3 Responsible Communication

Our system empowers clients with tools that facilitate advanced messaging, including email and SMS. It is imperative that these tools are used responsibly and not exploited for sending unsolicited spam messages. Any misuse of these tools for spamming purposes may lead to the immediate cessation of the client's system activity, without prior notification.

13.4 Legal Compliance and User Responsibility

While our system encompasses features for managing outgoing mail and user opt-out requests, it is the client's responsibility to ensure these elements align with legal requirements specific to their jurisdiction. The Provider does not warrant or guarantee legal compliance in this regard.

13.5 Spam Detection and Reporting

The Provider allows network participants, including companies and users, to report instances of spam. This proactive approach aids in identifying potential sources of unsolicited commercial email.

13.6 Cross-Server Spamming Prohibited

The dissemination of spam via alternate servers is also strictly prohibited. Any instances of spamming through other servers may result in site blocking and require indemnification of the Provider against any ensuing damages.

13.7 Monitoring User Activity

Our platform offers tools for monitoring user engagement, including participation in mailing lists. While these tools are available, the Provider does not guarantee the accuracy, timeliness, or completeness of the data within these lists. Responsibility for their usage and reliability rests solely with the site owner.

14. Integration of Third-Party Elements

14.1 General

To elevate the functionality and aesthetics of our platform, the Provider may integrate external components, such as images, videos, fonts, text, audio, etc., furnished by third-party entities. These components contribute to a seamless user experience. The Provider reserves the authority to discontinue the utilization of external components. This cessation can transpire for diverse reasons or even without a specific rationale. The client acknowledges that no claims or demands shall be asserted against the Provider in relation to this discontinuation.

14.2 Royalty Image and Video Library

14.2.1 General

For clarity, wherever the term "images" is mentioned, it equally refers to all forms of media content, including but not limited to videos, illustrations, icons, and the like.

14.2.2 Usage Restrictions

When engaging with our website builder, we may offer you a curated selection of images, videos, illustrations, icons, and other media content. By using our platform, you agree to the terms that permit you to utilize this content exclusively for your website. 

However, this does not grant you ownership of these media assets. Your right to use is strictly limited to the scope outlined in this agreement. Specifically, you are allowed to incorporate these assets solely for the purpose of creating digital end-products (websites) within our platform. To emphasize, these media assets can only be integrated into projects developed through our platform and showcased digitally.

You are expressly prohibited from:

• Selling, duplicating, modifying, reusing, or reselling the content on its own.
• Adapting the media assets for alternative purposes or on other online platforms.
• Leveraging media assets for advertising, promotional activities, sales, or tangible materials like business cards, flyers, etc.
• Making false or misleading assertions about the media assets or associated content.
• Using the content, including captions, keywords, or other metadata, for machine learning, artificial intelligence, or technologies oriented toward identifying individuals.
• Using content (in whole or in part) as the distinctive or distinguishing feature of a trademark, design mark, tradename, business name, service mark, or logo unless explicitly authorized.
• Engaging in any form of metadata exploitation associated with the content, without express authorization.
• Utilizing the editorial content or rights-ready video content for creating or participating in Non-Fungible Tokens (NFTs).

You commit to utilizing the content responsibly and in adherence to all relevant laws, including privacy regulations and guidelines set by authoritative bodies.

14.2.3 Quality Assurance

While we strive to offer high-quality images, there might be occasional discrepancies in image resolution or representation, and you aren't liable for any such discrepancies.

14.2.4 Image Discontinuation Rights

We retain the authority to retire specific images by removing them from the system, even if users have already incorporated them into their sites. We don't ensure the provision of alternate images.

14.2.5 Limitation of Liability

While we offer these images in good faith, we aren't liable for any damages or issues arising from their use, including but not limited to copyright claims.

14.2.6 Exclusivity

While these images are available to you, other users may also have access to, and be using, the same images for their websites. You hereby acknowledge and agree that you will not claim exclusivity for any image or video usage.

14.2.7 Use for Controversial Subjects

You, as the user, are strictly prohibited from utilizing the content for any controversial, forbidden, offensive, or inappropriate purposes. Should you opt to use content featuring models or property in contexts that could be deemed unflattering or unduly controversial, it is your responsibility to clearly indicate that the content is for illustrative purposes only and that any person depicted is a model. A suitable notice might read: “Stock photo. Posed by modelץ

14.3 Fonts 

14.3.1 Google Fonts Terms of Use

Certain fonts displayed within the system are sourced from Google Fonts. The utilization of these fonts adheres to Google Fonts' terms of use. Consequently, any modifications or amendments made by Google to their policies and terms of use may prompt adjustments on the Provider's end, which could even involve discontinuing the utilization of these fonts. In such scenarios, the client retains no entitlement to claims or requests directed toward the Provider. 

Moreover, it's the client's responsibility to verify the licensing requirements for each font. The terms governing the use of Google Fonts are accessible via the following link: https://developers.google.com/fonts/terms

14.3.2 Utilization of External Fonts

Our platform offers users the capability to upload custom fonts to their websites. When engaging in this action, the user assumes complete responsibility for any potential copyright violations. The client takes on the duty of confirming the licensing legality for each employed font. By consenting to these terms of use, the user affirms the utilization of fonts that they possess unequivocal legal rights to use, acknowledging their accountability for any violations. Additionally, the user assumes full responsibility for the font's performance and any potential impacts on website functionality, browser rendering, and related aspects.

14.4 AI-Assisted Tools

14.4.1 Introduction to AI-Assisted Tools

Our platform integrates advanced Artificial Intelligence (AI) tools designed to facilitate users in content creation, provide content and image suggestions, and more. This section outlines the terms of use for these AI-assisted tools.

14.4.2 Content Authenticity and Liability

While our AI tools strive to generate meaningful and relevant content, we cannot guarantee its accuracy, relevance, or appropriateness for any particular purpose. It remains the user's responsibility to verify any information generated by our AI tools before using it.
Users choose to use the generated content at their own risk. We are not liable for any damages, consequences, or issues that arise from the use, misuse, or reliance upon the content generated by our AI tools.

14.4.3 Content Ownership and Origins

All content generated by our AI tools is intended to assist the user. We do not claim ownership of this content and offer it merely as a starting point for users. The AI generates content based on vast amounts of data and complex algorithms. Therefore, we cannot ascertain or verify the origins of any particular piece of content or ensure that it hasn't been derived or copied from existing sources. It remains the user's duty to ascertain the originality of the content and ensure it doesn't infringe on copyrights or other rights of third parties.

14.4.4 Recommendations for Use

We recommend users consider AI-generated content as a foundational starting point. While it can accelerate the content creation process, it should be reviewed, verified, and tailored to fit specific needs. The best results often come from a combination of AI-assisted content and personal touch. Users are encouraged to make adjustments, modifications, and enhancements to ensure the content aligns with their objectives and brand voice.

14.4.5 Definition of Content

For the purpose of this section, "content" refers to any material generated by our AI tools, including but not limited to text, images, graphics, media, and other digital assets.

14.4.6 Changes to This Section

We reserve the right to make changes to these terms of use for AI-assisted tools at any time. We encourage users to revisit this section periodically to stay informed about any modifications. By using the AI-assisted tools on our platform, users acknowledge and agree to the terms outlined in this section.

14.5 External Links to Third-Party Websites

Our platform may include hyperlinks to websites operated by third parties, elaborating on responsibilities, usage, and the Provider's role. These links lead to external sites maintained by independent entities and not under our control. Understand that these sites are subject to copyright and intellectual property laws. We hold no responsibility for their content's accuracy, legality, or compliance. While these links offer convenience, users must exercise discretion and understand that each site operates independently with its own terms and policies. Our provision of these links doesn't imply endorsement or alignment with their content, security, or practices. We may remove such links without notice to preserve platform integrity. By using our platform and accessing these links, you acknowledge and adhere to these terms, vital for a cohesive online experience.

15. eCommerce and Online Store Services

15.1 General 

We offer online store tools (also known as “e-commerce”) that enable you to sell goods, services, and content via your website. You are solely responsible for all aspects of your E-Commerce activities, including content and legal compliance. We serve only as a platform to support these activities.

When using our E-Commerce tools, you agree to handle all tax responsibilities related to your sales, collecting and remitting the correct amounts to the relevant authorities. You must also inform customers of these obligations and provide legally compliant invoices.

We are not involved in nor liable for your E-Commerce dealings. It's your duty to align with all regulations. You must provide full support for your products and ensure your contact information is available for any customer concerns, claims, or inquiries.

Remember, your responsibilities include honest representation of products, upholding commitments, and abiding by all relevant legal guidelines, from consumer rights to E-Commerce protocols.

For clarity, the terms and responsibilities outlined above also extend to other tools provided by us, such as Schedule Booking, Events, Donation, Pricing, Digital Cards, and more. Whether online or offline, any tool facilitating the purchase of goods and services relevant to topics like payment processors, shipping, taxes, and more, as mentioned in this section, falls under these terms and conditions.

15.2 eCommerce Payment Processors and Service Providers

When using third-party payment processors ("eCommerce Payment Processors") for your eCommerce operations, you're bound by their specific terms and policies. We don't control, accept liability for, or involve ourselves in transactions with these processors. They are considered Third Party Services as defined in our Terms of Service. While we aim to give notice, we may adjust, restrict, or remove access to any eCommerce Payment Processors without prior warning. Actions taken will not result in liability for potential losses unless prohibited by law. Payments from customers for your products are handled by these third-party providers. We remain uninvolved and are not responsible for any interactions or issues arising with these processors or any associated third-party gateways.

15.3 Tax Obligations

You hold complete responsibility for all taxes associated with your eCommerce activities, including those tied to sales or purchases. This encompasses collecting, reporting, and remitting the necessary taxes to relevant authorities, as well as notifying your End Users of tax obligations and ensuring they receive legally compliant invoices. Additionally, you must monitor EU distance sales thresholds and be aware of other indirect taxes, taking care to observe registration protocols in countries where your customers reside. This also involves the obligation to register for indirect taxes where it's mandated. 

It's important to note that any tax estimates or references provided by our E-Commerce features are solely illustrative and shouldn't be considered definitive. We don’t offer tax advice, and any information we provide should never be interpreted as such.

15.4 Fulfillment and Delivery Responsibilities

You bear sole responsibility for the fulfillment and delivery of your products and services to your End Users. All costs and procedures related to obtaining and delivering your User Products must be handled securely and professionally, aligning with industry norms. Note that we do not partake in or oversee this portion of your activities.

15.5 Non-Involvement in User-Customer Relationships

We explicitly remain uninvolved in any interactions or transactions between users and customers related to your products. We neither participate in nor oversee these interactions.

You alone are responsible for managing all aspects of Your eCommerce, including inquiries, complaints, and financial matters. To serve this role effectively, it's essential to provide clear and complete contact information on Your Sites, ensuring direct communication channels for your End Users.

Further, in line with our Terms of Service, you are obligated to display and make accessible any additional terms or policies mandated by current legal regulations on Your Sites. Ensure that both Your Sites and your E-Commerce actions adhere strictly to all prevailing legal requirements.

15.6 eCommerce Limitations

You're not allowed to display or sell any products or services that, at our discretion: (a) we deem harmful, fake, stolen, misleading, or detrimental to our reputation; (b) are banned from sale or use; or (c) violate current laws or guidelines. Furthermore, you can't promote or sell items, or share information or content related to items considered dangerous, counterfeit, illicit, fraudulent, or offensive; or that infringe on rights like consumer rights, intellectual property, or privacy. This also covers areas such as product safety, trade rules, and import/export requirements.

15.7 eCommerce Operations Suspension

We hope never to have to, but we do reserve the right, at our discretion and without prior notice, to pause, limit, or deactivate your Account, Your Sites, or your e-commerce activities. Such actions will be taken without any obligation to you or any End Users unless legally prohibited. For example, violating our Terms of Service might lead to a suspension of your eCommerce. We can also suspend or remove your website at any moment based on our judgment, irrespective of its integration or publication status within your e-commerce setup, with no liability to you or your End Users. Similarly, we can suspend or remove your User Platform and/or products, regardless of their status, without any obligation to you or your End Users, even in cases leading to reduced functionality or capacity.

16. Technical Support and Assistance

16.1 General

We reserve the prerogative, at their sole discretion, to modify the nature of support, support hours, and support modalities, including the potential discontinuation of support. It's important to understand that any changes in support parameters do not give rise to claims from clients. Please note that the decision to cancel support, whether in general or for a specific customer, is granted solely at our discretion. In such instances, the customer shall have no entitlement to any claims against us, including requests for proportional or full refunds for any purchased product.

17. Affiliate Program

17.1 Affiliate Partnership Program Overview

At the heart of our Affiliate Partnership Program lies the essence of collaborative growth. As the Provider, it's imperative for us to ensure the integrity and caliber of our program, which is why the privilege of participation remains at our discretion. Our mission is to foster a seamless blend of mutual growth, collaboration, and trustworthiness within our affiliate community. This program has been intricately crafted to cater to those who can refer a substantial volume of users to us. However, we're also aware of the varied needs of our potential partners. Hence, for those like web designers, webmasters, ad agencies, or even individuals who assist their circle, we recommend exploring our other specialized programs. These programs have been designed to offer avenues of income more aligned with specific skills and networks, reminiscent of our professional platform.

17.2 Affiliate Program Registration and Evaluation

17.2.1 Registration Process

Individuals interested in our Affiliate Program can initiate their registration either through our affiliate page (https://www.site123.com/affiliates) or via the dashboard if they have already enrolled in any of our products. Once registered, affiliates can immediately embark on their journey with our program.

17.2.2 Evaluation and Terms of Use

While affiliates are encouraged to kick-start their roles promptly, it's essential to note that we, at any juncture, might examine the affiliate's registration. We do this to ensure alignment with our terms of use and to preserve the quality and integrity of our Program. We, therefore, strongly urge every affiliate to familiarize themselves with our terms and ensure compliance. In instances where an affiliate's operations or platform seems inconsistent with our program's principles, either at the time of application or post-registration, we reserve the right to decline or terminate their involvement. Such inconsistencies might arise from inadequate user traffic, affiliations with content that goes against our ethos, or any activities that push legal and ethical boundaries. Noteworthy examples encompass platforms promoting violence, gambling, unwarranted discrimination, illegal ventures, intellectual property violations, especially ours, and those targeting audiences younger than 13.

17.2.3 Communication and Support

Upon successful registration, affiliates consent to receive relevant communications from us. These communications encompass essential updates, guidelines, and other notifications vital for seamless participation. Our dedicated affiliate team stands ready to assist and answer any queries. They can be reached at affiliates@site123.com.

17.2.4 Maintaining Accurate Information

Affiliates bear a crucial responsibility to ensure the accuracy and up-to-date nature of their registration data. Discrepancies or outdated information can potentially impede the smooth disbursement of their deserved fees.

17.2.5 Eligibility and Site Responsibilities

Affiliates affirm they are at least eighteen years old and have the legal authority to commit to this Agreement. They take on complete accountability for the creation, maintenance, and entire functioning of their affiliate platform. Furthermore, they guarantee that their website's content is not only lawful but also devoid of any transgressions on the rights of others.

17.2.6 Contractual Understanding and Integrity

Upon agreeing to the stipulations, affiliates perceive this Agreement as a binding commitment. They certify their absence from any legal impediments related to this Agreement or any breaches of intellectual property rights. They are also cognizant of the prospect that we might manage analogous sites or indulge in customer referrals under varying terms. Affiliates are tasked with the pivotal role of safeguarding their account credentials and ensuring the accuracy and genuineness of their website content.

17.2.7 Conduct and Compliance

Affiliates are entrusted with upholding intellectual property norms, abstaining from disseminating malicious or derogatory content, and refraining from endorsing any illicit undertakings. Their duty extends to precluding deceptive behaviors, recognizing our prerogative to revoke their account should any suspicious conduct emerge. When accepting this Agreement, affiliates confirm that they are not infringing any other contracts or legal norms. Their involvement is dictated solely by the terms detailed in this Agreement, without being swayed by external commitments or representations.

17.2.8 Legal and Regulatory Compliance

Affiliates are bound to respect and comply with all pertinent laws, regulations, and guidelines, particularly those regarding advertising, email communications, and electronic exchanges, irrespective of their operational territory. It is imperative for Affiliates to remain updated on these regulations.

Any email communication Affiliates initiate should solely encompass content relevant to our program and us, ensuring no deviations or breaches of regulations like the CAN-SPAM Act or COPPA. Non-compliance with such guidelines can terminate the Affiliate's entitlement to their fee.

Given our NASDAQ listing, Affiliates must acknowledge and adhere to U.S. securities laws, especially those regarding non-public, material information about us. Any infringement of these securities regulations can precipitate immediate Agreement termination.

Affiliates participating in any of our other programs must disclose this engagement promptly. Concurrent participation in multiple programs requires our explicit written consent. Non-disclosure of such engagements grants us the authority to terminate the Agreement and nullify any unsettled or earned fees.

17.3 Affiliate Tools and Branding

To achieve accurate tracking and appropriate referral fee accrual, we supply Affiliates with a distinctive Tracking Code. This code must be adeptly incorporated within every link bridging the Affiliate's site to ours. Any misuse of the Tracking Code by the Affiliate, including any subsequent tracking discrepancies, is outside our purview of responsibility. Unauthorized deployment of this code is a direct violation of our Agreement and disqualifies the Affiliate from any referral earnings.

Affiliates, within this Agreement, are granted a limited, non-exclusive license to employ our brand emblems within the advertising material we share. Guidance will be provided to ensure the creation of suitable advertisements. Any alterations or external application of our brand marks demands our written consent. 

The Affiliates must present our advertisements in accordance with our standards, safeguarding our brand's image. The rights granted to our advertising material and brand marks are non-transferable and are granted solely for the purpose of the affiliate program as outlined in these terms of use.

While Affiliates retain autonomy over their promotional strategies, it's obligatory for them to maintain professionalism, legality, and compliance with pertinent regulations. We hold the authority to demand modifications or removal of our advertising content and can also revise creative content as deemed necessary. We unequivocally own the rights to our platform, the Affiliate Program, and all associated brand insignias.

17.4 Affiliate Earnings and Commission Structure

Our affiliate program's earnings are structured as individual incentives. While one-time commissions are standard, recurring or multiple commissions are not permissible. If we decide to terminate specific campaigns and traffic, Affiliates will receive a 7-day notice to maintain transparency and clarity in operations.

Affiliates are rewarded with a commission whenever a user opts for our Premium Package via their distinct tracking tool. The specifics of these commission rates can be found on the Affiliate's Dashboard. It's important for Affiliates to be aware that commissions might vary for promotional purchases, reflecting any prevailing discounts. Tracking of user referrals is facilitated through specific codes, which remain active for 45 days. Should a referred user not upgrade within this timeframe, the anticipated commission becomes nullified.

17.5 Supplementary Incentives and Guidelines

Commissions are exclusively earned on the initial purchase made by a referred premium user; subsequent purchases or renewals are not eligible. Our affiliate system functions based on the "LAST CLICK" principle, where the most recent affiliate to direct the user is the one awarded the commission. When a website transitions to a premium package within 45 days of being created, a commission is allocated. However, only a single commission is allowed for each user.

17.6 Minimum Transaction Requirement

Affiliates must accumulate a minimum commission of $300 USD before requesting any withdrawal. This threshold is consistent for all withdrawals, irrespective of previous transactions. If an affiliate's balance is below the $300 USD mark, they are ineligible for withdrawal. Furthermore, should an affiliate choose to discontinue their participation, any remaining balance under $300 USD in their affiliate account will be forfeited and cannot be claimed.

17.7 Monitoring, Commission Balance, and Payment Overview

Each affiliate is equipped with a unique campaign link, integral for monitoring both performance and financial metrics. While not mandatory, this tool grants affiliates a clear perspective on their progress and prospective earnings. Furthermore, through their dashboard, affiliates can constantly view their current balance. They can also track the status of their payment requests, whether pending or already processed.

17.8 Payment Guidelines

Payments are generally processed in US Dollars and are usually made about 45 days following the end of the month. However, this is contingent upon us receiving the Affiliate's invoice at least 30 days in advance. It's imperative to note that the default payment method is through PayPal unless we provide explicit authorization for an alternative. Affiliates wishing to explore different payment methods or currencies other than USD must seek prior authorization by contacting us at affiliates@site123.com. The amounts for these payments are determined exclusively by our system's automated tracking. In cases of suspicious activity, payments might experience a delay of up to 60 days to facilitate transaction verification. 

As for financial responsibilities, affiliates are obliged to provide precise payment details and bear the repercussions of any inaccuracies. Moreover, all taxes pertaining to affiliate commissions fall entirely on the affiliate's shoulders, and payments are inclusive of any legally required deductions.

17.9 Trademark and Domain Considerations

Affiliates are cautioned against leveraging sponsored links that incorporate our trademarks. Equally, there's a need to be vigilant against registering domain names bearing a close resemblance to our trademarks or those that might be mistaken for ours. Such practices could be detrimental to the brand image we've painstakingly cultivated over the years.

17.10 Ethical Standards in Affiliate Marketing

Affiliates play a central role in our digital reach and must uphold the highest ethical standards in communication and advertising. It's imperative that while engaging potential customers, our brand's integrity and reputation are safeguarded. Not only does this protect our brand's image, but it also reinforces the trust users have in us. Affiliates are cautioned against redirecting user-specific electronic forms or setting up accounts on a user's behalf. Practices like covert cookie stuffing are strictly prohibited. Ensuring our user base's sense of security is vital, and any deceptive tactics infringing on their online freedom are unacceptable. Affiliates should represent our services genuinely, avoiding exaggerations or misleading claims. Moreover, while passion in marketing is commendable, Affiliates must not publicize our specific sales, discounts, or special offers without our clear consent. Offering incentives, such as rebates or cashback, to prompt users into actions like clicking on particular links or upgrading accounts, is against our policies.

17.11 Affiliate Advertising Conduct and Restrictions

Affiliates are expressly prohibited from initiating ad campaigns targeting or competing with our brand in any search engine advertising platforms, including but not limited to Google and Bing. Direct advertising or campaigns leading directly to the landing pages, links, or other assets we provide is strictly forbidden. Affiliates must drive traffic exclusively through their own digital assets, such as personal websites, social media accounts, and other platforms they own or control. The primary focus should be on redirecting users to the affiliate's dedicated assets which then contain the affiliate link.

Any deviation from these comprehensive guidelines is perceived as a grave transgression of our Agreement. Affiliates should remain circumspect. Non-adherence, especially involving deceitful maneuvers, could herald adverse consequences such as account suspension, forfeiture of pending commissions, and even potential legal ramifications. It's in the best interest of all parties for Affiliates to operate with responsibility and ethical clarity.

17.12 Regulatory Compliance in Electronic Communications

Affiliates are obliged to ensure that all their digital communications—ranging from emails to instant messages—related to this Agreement or our Program comply with all relevant legislation. This includes but isn't limited to, the CAN-SPAM Act, COPPA, pertinent European directives, and guidelines established by the FTC.

17.13 Anti-SPAM Policy

A central tenet of our digital communication standards is a strict anti-SPAM policy. We believe in authentic and consent-based engagement. Any Affiliate found deploying SPAM tactics to advance our services will face immediate account suspension, potential forfeiture of accrued commissions, and possible legal actions. For transparency, SPAM can be defined by the following behaviors:

• Engaging in unsolicited mass email campaigns or random forum postings.
• Misrepresenting or being ambiguous about the sender's identity or the purpose of the communication.
• Manipulating security vulnerabilities in systems or networks.
• Distorting sender or subject lines, failing to offer a functional return path, or ignoring prompt unsubscribe requests.
• Using automated means to harvest email addresses or targeting such harvested addresses.
• Employing misleading or fraudulent content within communications.
• Marketing to or collecting data from individuals under the age of 18.

It's noteworthy that Affiliates can incorporate Tracking Codes within emails, but only if these are sent to registered members of their platform.

17.14 Affiliate Duration and Termination

The duration of an affiliate's association with our program begins immediately upon registering for the program. This affiliation remains active unless and until either we disapprove the affiliate from the program at our sole discretion or the affiliate opts to discontinue their association. An affiliate can choose to cease their partnership either by refraining from driving traffic to our site or by formally closing their account.

Affiliates can withdraw the remaining balance in their affiliate panel, but only if it meets the "minimum transaction requirement" as outlined in these terms. If the balance does not meet this minimum requirement, the affiliate is not entitled to withdraw it under any circumstances. Furthermore, any funds that remain in the affiliate panel six months after the affiliate's last active date will become null and void. The "last active date" denotes the day on which the affiliate's most recent referred website conversion took place.

While parts of this agreement are designed to continue after the termination of the affiliation duration, affiliates are obligated to maintain confidentiality regarding any sensitive information shared during the association.

17.15 Limitations of Liability

In our unwavering mission to provide affiliates with a top-notch experience, we also find it necessary to draw a clear line demarcating the extent of our obligations. With that in mind, it's paramount that our partners grasp the nuances of our operational constraints and the resulting implications.

Despite our steadfast dedication to the Affiliate Program, there might be unforeseen instances where affiliates encounter either indirect, incidental, or consequential damages or even direct damages. In all these scenarios, whether the claims stem from contractual, tort-based, or other legal foundations, and even if the potential for such damages has been previously communicated to us, we, including our designated representatives, remain absolved of any responsibility. This position holds true even when direct damages appear evident or foreseeable.

The intricate dynamics of online traffic conversion are shaped by numerous variables, so when affiliates direct traffic to our platform and it doesn't lead to a successful conversion, we are shielded from any claims of losses or missed revenue. They must recognize that merely directing traffic doesn't guarantee conversion. Similarly, all digital platforms, including ours, might occasionally encounter downtimes, whether from scheduled maintenance, unexpected glitches, or unforeseen technical challenges. In such instances, if access is interrupted or platform functionalities are compromised, we are not responsible for any resulting losses or damages. 

Furthermore, affiliates, in addition to their partnership role, are regular users of our platform. As such, they share the typical user experiences and potential service interruptions and must adhere to the same terms of use, understanding that claims for damages or losses during these times are not valid.

17.16 Independence of Parties

Our relationship with the Affiliate is solely based on collaboration, without any underlying employer-employee, agency, or partnership connotations. Affiliates cannot bind or commit on our behalf and must abstain from making any claims to the contrary.

We encourage Affiliates to consult professionals across legal, financial, and taxation domains before enrolling in the Program. Their decision to join is rooted in their judgment, uninfluenced by external representations beyond this Agreement. Affiliates acknowledge that they have diligently reviewed this Agreement, understand its full implications, and accept its terms willingly.

17.17 Communication Channel

All formal communications between the affiliate and our organization should be channeled through our designated email at affiliates@site123.com. In the event of disputes, affiliates should first reach out to our designated contact point for resolution.

17.18 Modifications to the Agreement

We retain the authority to adjust the provisions of this agreement. Upon making any changes, we will update our terms of use. We encourage affiliates to consistently review these terms to stay updated. Remaining engaged with the program after such updates signifies consent to the modified terms.

18. Expert Program

18.1 Introduction

The Experts Program is a platform that allows professionals, such as designers, website builders, etc., to build websites for their end-users using our user-friendly platform and earn high commissions in return.

18.2 Experts Program Registration and Evaluation

Individuals interested in joining our Experts Program can begin their registration process through our dedicated experts page or within the platform if they are already engaged with any of our services. Upon completing the registration, potential experts can eagerly step into the world of our Experts Program.

18.2.1 Terms Evaluation and Compliance

While we are keen for experts to swiftly dive into their roles, it's essential to recognize that we reserve the right to periodically assess an expert's registration. This is to confirm alignment with our terms and to safeguard the esteem and credibility of our Experts Program. Consequently, it's imperative for experts to thoroughly understand our terms and consistently adhere to them. If an expert engages in activities during the registration process or subsequently that do not adhere to our terms of use, we reserve the right to terminate their expert account without prior notification. 

This could arise from activities that overstep ethical or legal boundaries, such as websites endorsing violence, gambling, unfair bias, illegal pursuits, breaches of intellectual property rights (especially ours), or aiming at audiences younger than 13. Moreover, the Experts Program is fundamentally designed for building websites for others. In instances where a premium package is procured but no substantive website development occurs (e.g., minimal or nonexistent content), we might opt against granting a commission for that specific site or even proceed to terminate the expert's entire account.

The expert's engagement with the program can be terminated if we, based on our exclusive judgment, decide to reject or end an expert's account for any given reason, or if the expert remains dormant or does not successfully attract end-users to the Experts Program.

18.2.2 Responsibilities and Liabilities

We are not responsible for the content, quality of work, or authenticity of content offered by the expert in his personal account or any contracts between him and an end-user. All responsibilities regarding the connection between the end-user and the expert rest solely with these parties. The expert shall be solely responsible for any content, style, substance, and intellectual property information they provide. The expert agrees to compensate us for any damages or costs incurred due to actions brought against us in connection with the content provided by the expert.

18.2.3 Expert's Representations

The expert confirms that the details provided, including personal details, are accurate and pledges to update this information as needed. The expert shall act in their own name and shall not represent or imply any other business relationship or partnership with us beyond the Experts Program. The expert shall not use any materials that violate the intellectual property rights of any third parties. However, materials provided by us may be used by multiple parties. Websites designed by the expert will be used only within our system. The expert shall have no ownership claims over such websites.

18.3 Website Management by Experts

When an expert initiates a website for an end-user, it is managed under the expert’s account. As long as the website resides in his account, the expert is considered the primary user. This means all activities related to those websites, including but not limited to changes, upgrades, and payments, are the responsibility of the expert. The expert retains the right to assign the role of a "contributor" to the end-user, granting them limited access to the website. This allows the end-user to collaborate on the website without obtaining full managerial rights.

If the expert decides to upgrade the website while it's under his management, he must use his own payment methods, such as credit cards. The expert is expressly forbidden from using his customer's payment methods, including but not limited to credit cards, for payments related to websites managed by him on the expert account. All transactions will be conducted directly with the expert, and any resultant invoices will be issued to the expert, reflecting his business details.

The expert holds the right to transfer the managerial duties of the website to the end user’s account. Upon completion of this transfer, the end-user assumes full responsibility for the website and its associated activities. From this point onward, the end-user is designated as the primary "user" in alignment with these terms of use. All subsequent actions, including payments, are to be made by the now primary "user".

18.4 Ownership and Rights Over Expert-Crafted Websites and Users

All websites and/or users that are created and managed by experts are, for all intents and purposes, considered our users and websites. Consequently, every clause and stipulation of these terms applies to them. This encompasses (but is not limited to) the ability to communicate with such users through various channels, including but not limited to emails, phone calls, SMS, and other communication platforms. Our communications may encompass offers of our services, renewal reminders, promotional content, updates, and other relevant information. Also, the ability to suspend, delete, close, or undertake any other action within our authority as detailed in these terms of use. 

The expert explicitly acknowledges and agrees that they have no right to claim ownership or a special relationship with these users. This prohibition encompasses any assertion that such users are their exclusive clients or any similar claim. While experts may communicate with these users – for instance, to continue offering their services or to encourage website renewals (and potentially secure a renewal commission if applicable) – the overarching rights and authority over these users and websites remain solely with us.

18.5 Expert Personal Website Policy

Should an expert choose to construct a website for personal use rather than for a client, such a website will not be recognized as being under the purview of the expert program. As a result, this website will not qualify for any of the benefits or privileges outlined within the expert program. Instead, it will be treated equivalently to any other website developed on our platform by standard, non-expert users.

18.6 Payments and Commissions

For every end-user purchase, the expert will be entitled to a commission as detailed in the Experts Program panel. Once an expert's account balance surpasses $300 ("minimum transaction requirement"), they may request a payout. If, after a withdrawal, the balance falls below the $300 mark, the expert must accumulate beyond this threshold before requesting another withdrawal.

Although payments are typically processed through PayPal in USD, experts wishing for an alternative payment method or currency should contact us for approval. Any request to cash out in a currency other than USD mandates our prior consent. It rests within our discretion to accept or deny such requests.

Before any commission is released, the expert is required to submit a valid invoice compliant with national and international standards. Failure or delay in supplying an appropriate invoice might cause a deferment in the commission payout or even potential annulment of the commission if a valid invoice isn't eventually provided.

For payment requests inclusive of commissions from recent purchases, it's essential that at least 30 days have elapsed from the date of the most recent website purchase included in the request. If the 30-day criterion isn't met, the payout will be held off until the requisite period has passed.

Commissions for experts are typically processed within 14 days from the date of request submission, given that all conditions mentioned are met. While we may occasionally choose to expedite payment, this shouldn't be expected as a norm.

Should a transaction related to an expert website or any associated product, such as domain names, digital cards, etc., be contested, refunded, or manifest signs of dubious activity or financial irregularities, the commission tied to that transaction will be nullified. If the commission has already been dispensed, it will either be subtracted from future payouts the expert is eligible for or reclaimed by other means.

From a financial standpoint, it's incumbent upon experts to ensure the accuracy of their payment information, accepting all consequences arising from discrepancies. All tax obligations associated with the commissions rest solely with the expert. The payouts they receive will have any legally mandated deductions already accounted for.

18.7 Benefits of the Experts Program

Joining the Experts Program equips professionals with numerous advantages tailored to optimize their experience as website-building specialists. They can earn noteworthy commissions for each upgraded site and ensure a consistent revenue flow with commissions on website renewals by end-users. To sweeten the start, a complimentary Gold website is given upon securing the first paying end-user.

Moreover, the program allows experts to amplify their brand presence by integrating their unique logo and link on end-user websites. This endorsement not only enhances professionalism but underscores their prowess. They also have complete access to our platform’s vast design features at no extra charge.

For streamlined management, the Experts Panel is at their disposal, providing an overarching view of all projects. Recognizing the intricacies of website management, we offer 24/7 live support, complemented by a dedicated account manager for personalized guidance.

It's imperative for experts to note that we may, at our discretion, adjust or withdraw any benefit without prior notice. Similarly, commission structures in the Experts Dashboard are subject to change without prior notice. Any website purchased before such updates will adhere to the previous rates, while subsequent unprocessed websites will follow the revised rates.

18.8 Expert Program Duration and Termination

The tenure of an expert's involvement with our program commences instantly upon registering for the Experts Program. This association remains intact unless terminated due to either our decision to disapprove the expert from the program based on our sole discretion or the expert's choice to end their involvement. An expert may choose to end their association either by refraining from building websites under our platform or by formally closing their account.

Experts can extract the remaining balance in their program panel, provided it fulfills the "minimum transaction requirement" as stipulated in these terms. If the balance doesn't reach this threshold, the expert cannot withdraw it under any scenario. Furthermore, any residual funds in the program panel six months post the expert's last active date will be rendered null and void. The "last active date" is defined as the date on which the expert's most recent website was constructed or upgraded.

Although segments of this agreement are set to persist after the termination of the program duration, experts are bound to uphold confidentiality concerning any classified information disclosed during their participation.

18.9 Designated Communication

For official interactions between the expert and our organization, the designated email, experts@site123.com, should be the primary medium. Should any disputes arise, experts are encouraged to first connect with our designated email for a potential resolution.

18.10 Amendments to the Agreement

We reserve the right to make changes to the terms of this agreement. If any alterations are made, we will update our terms of use accordingly. We strongly recommend experts to periodically review the terms to ensure they remain informed and compliant. Continued association with the program after any such updates indicates acceptance of the revised terms.

19. Build My Site Program

19.1 General

These terms of use ("Terms") govern your participation in our website design program also known as “Build My Site" ("Program"). By signing up for the Program, you agree to abide by these Terms. Please read them carefully before proceeding. Also, by signing up for the Program, you confirm that you have read and agreed to the general terms of use of our platform.

19.2 Program Details

The Program offers a complimentary website design when purchasing at least the Advanced annual premium plan. We will construct a 5-page website for you initially. Afterward, you'll have the autonomy to continue building your site independently.

19.3 Discretionary Offer

We reserve the right to offer, modify, or terminate the Program at our sole discretion, without prior notice. This includes changing the terms of the Program, offering it for free or at a cost of our choosing, or discontinuing it altogether. Customers acknowledge and accept these conditions upon signing up for the Program.

19.4 Content Responsibility

We build the website based on the content provided by the customer. We do not assume responsibility for the accuracy, legality, or appropriateness of the content provided by the customer. 

19.5 Intellectual Property Rights

Customers retain ownership of any original content provided for their website. However, any designs, templates, or code created by us as part of the website construction process shall remain the property of our platform.

19.6 Platform Suitability

Customers understand that the Program is contingent upon the features, functionalities, and capabilities of our platform. By signing up, customers affirm that they have provided comprehensive project details and acknowledge that our platform and tools are suitable for their needs.

19.7 Maintenance and Updates

While we initially construct the website, ongoing maintenance and updates are the responsibility of the customer. We may offer maintenance services as a separate offering, subject to additional terms and fees.

19.8 Website Accessibility Compliance

The Build My Site program does not include adaptation of the website to accessibility rules, regulations, or guidelines. It is the sole responsibility of the customer to ensure that their website adheres to applicable accessibility standards, rules, and regulations in their location and country.

This includes but is not limited to:

• Conducting a thorough review of accessibility requirements relevant to the customer's jurisdiction.
• Making necessary adjustments to the website design and content to ensure compliance with accessibility standards.
• Adding an accessibility declaration to the website, providing information on accessibility features and accommodations.

• Installing appropriate accessibility plugins or tools to enhance website accessibility for users with disabilities.

By participating in the Build My Site program, customers acknowledge and accept their responsibility for ensuring website accessibility compliance in accordance with applicable laws and regulations.

19.9 Prohibition on Customer Editor Access

During the website construction process, customers are strictly prohibited from accessing the website editor mode to make changes. Any attempt to do so will result in immediate cessation of work on the website. In such cases, the website will be marked as completed, and the customer shall have no claim to further revisions or modifications.

This provision ensures that the integrity of the website construction process is maintained and prevents any interference that could disrupt the design and development workflow.

19.10 Submission Requirement

Upon signing up for the Program, customers must submit a form with the required content. Failure to do so will result in the project being placed on hold. However, the inability to initiate website construction due to this reason will not constitute valid grounds for cancellation.

19.11 Cancellation Policy

Cancellation terms outlined in our general terms of use apply to the Program, with the exception that if a design was purchased separately from a plan, a 30% deduction from the paid amount for the design will cover the designer's work, and the remaining amount will be refunded.

19.12 Display of Client's Website

By participating in the Build My Site program, you agree and confirm that SITE123 has the right to display your website as an example of a website built on our platform and/or by us. This may include but is not limited to, showcasing the client's website in our portfolio, case studies, marketing materials, and on our website for promotional purposes. If you wish to opt out of the display of your website, you must notify SITE123 in writing, and SITE123 will make reasonable efforts to comply with your request in a timely manner.

19.13 Program Terms Acceptance 

By participating in the Program, you agree to comply with these Terms. We reserve the right to modify these Terms at any time without prior notice. Continued participation in the Program after such modifications constitutes acceptance of the updated Terms.

For inquiries or concerns regarding these Terms, please contact us at support@site123.com

20. General

20.1 Transition of Rights

In the scenario where the Provider transfers rights, partially or entirely, to a third party, the third-party assumes the prerogative to enforce rights as delineated within these terms and conditions. However, you are not allowed to delegate or transfer any part or entirety of this agreement, along with associated responsibilities or advantages, to a third party without our explicit written permission.

20.2 Hierarchical Precedence

These regulations serve as an augmentation to any other rules within our system. In cases of incongruence, these terms hold precedence.

20.3 Account Termination Discretion

The Provider reserves the right to terminate the accounts of individuals who contravene these terms of use, whether in whole or in part. Failure to adhere to any section of this document constitutes grounds for immediate termination of the client's account, sans prior notice.

20.4 Applicable Jurisdiction and Governing Law

This agreement is fundamentally bound by the laws of the State of Israel. This ensures a clear legal framework for interactions within our platform. In alignment with the above, any dispute, irrespective of nature or cause, falls under the exclusive jurisdiction of the competent court within the Be'er Sheva district in Israel. This stipulation ensures a focused and expedient resolution process.