Summary of Key Points in Terms of Service:

The Terms of Service is the entire agreement between you and us (KGI Enterprises.)  We aren't responsible for or bound by something someone said or anything you may have read, thought about or just assumed.  The Terms of Service is it.

Fees.  We will charge your credit card every 30 days for your hosting.  If you don't like our service within the first 30 days just let us know and we will refund your hosting fee.  Set up fees, domain registration fees and any fees for optional services or website creations aren't refundable.  There may be additional fees and your service may be interrupted if your credit card gets declined.

Changes.  At some point we may have to make changes to our terms of service to keep our attorneys happy.  If we make changes, your continued use of our service means you agree to them.   

Up to Date Information.  You agree not to give us bogus information when you sign up and you agree to keep your information like e-mail address, phone number, etc. current.  If you don't list accurate information, we can cancel your account in which case you aren't getting your money back.

Domain Name Registration.  We will try our best to get the domain name you want, but we can't guarantee it.  If we can't get it for you, we will refund your domain registration fee, but otherwise aren't responsible.  Also, you agree to follow all of the domain name rules and regulations that kick in when you register a domain.  This means if someone has a claim to the domain name you register and they go to some legal authority who says you have to give up the domain, you have to give it up. 

Search Engine Submission Services.  We don't have any control over these.  None, nada, zip.  We can't guarantee that you will get a certain position in the search engines, we can't guarantee all of the search engines in the package will be there the entire year, and we can't guarantee anything else.  We offer these as a convenience for you since we can get them cheaper for you than you can if you get them on your own.

Website Content.  You are entirely responsible for your website content and you can't break any laws, have copyrighted content on your site or host porn sites, warez sites, download sites, free images sites, freeware sites, sites that spam, sites that sell bulk e-mail, IRC and IRC bots or anything obscene or hate related or that could damage our servers.  We are the sole judge of what's allowed and what isn't and we can take any action we deem necessary including suspension and/or termination of your account at any time.  You agree that if we get sued or in trouble from a 3rd party due to your website content you will indemnify us fully. 

Email.  NO SPAM ALLOWED.  You may NOT send out unsolicited junk e-mail from your web site e-mail account OR use spam to promote a web site you have with us (whether you send the spam out from your email account with us or not).  If you do, your account will be suspended and/or terminated and we will contact whatever authority we need to.  Spammers will not get a refund.  Spam hurts our business and business reputation and you agree to pay us $1.00 for every spam e-mail you send out.  You agree this is the value of the damage done to our business and reputation.  Spam is awful, we don't tolerate it and it could cost you a lot of money if you do it.  Just say no.

Website Creation and Updates.  If you hire us to create a website for you, you have to give us the information about your business within a certain amount of time.  If you require more updates each month than you are allowed under your plan, there will be an extra charge.  Any sites created using our web builder are not transferable.

Refunds and Disputes.  No refunds are given unless they are listed here.  If you have a billing issue, you need to let us know within 60 days.  We may turn uncollected accounts over to collections.   

Cancellation of Services.  You can cancel at any time.  Just let us know between 5 and 30 days before your next billing date.   If you don't get an email from us letting you know we got your request, send it again.  It's your responsibility to make sure we get it.  You agree that you have removed your files from our server prior to sending us the cancellation request.  Once your account is canceled - either voluntarily by you or by us due to a breach of this agreement on your part - your account and files will be deleted from our servers and you won't have access to them.  We aren't responsible in any way to you or anyone else for this.   

Disclosure to Law Enforcement.  If Uncle Sam comes knocking, we're letting him in.

Torturous Conduct.   We treat our customers in a professional, courteous manner and expect the same in return.  If you verbally abuse any of our employees, your account will be terminated.  Life is too short to deal with rude, obnoxious behavior so we don't. 

Legal Stuff.  We reserve the right to refuse, cancel, deny or suspend service at any time for any reason.  If we breach this agreement our only liability and your only remedy is for one month's hosting fee.  We expressly make no warranties of any kind.  Our services are provided "as is" and you use them at your own risk. 

We are not liable for any direct, indirect, incidental, special or consequential damages resulting from the use of or inability to use our services or for the cost of obtaining substitute services.  Since certain states don't permit the limitation of or elimination of liability for certain types of damages, our liability shall be limited to the smallest amount permitted by law.  

We expressly disclaim any loss or liability resulting from:  

1. access delays or interruptions to your website, your website services (which includes your e-mail account(s)), your account, our web site or domain name registration system
2. non-delivery or misdelivery of data or e-mail sent to you from a 3rd party or sent by you to a 3rd party. 
3. non-delivery or misdelivery of data or e-mail between you and KGI Enterprises
4. events beyond our control (i.e. acts of God)
5. the loss of registration or processing of a domain name or the use of a domain name
6. the unauthorized use of your account or any of the services provided to you by KGI Enterprises
7. errors, omissions or misstatements
8. deletion of, failure to store, or failure to process or act upon email messages
9. processing of updated information to your account record
10. development or interruption of service to your web site
11. defect, deletion or delay in the operation of or transmissions to your website, your website services or website files
12. defect, deletion or delay to your website, your website services or website files due to computer virus, file corruption, communication line failure, network or system outage
13. defect, deletion or delay to your website, website services or website files due to theft, destruction, unauthorized access to, alteration of, or use of any record or file associated with your account or a part of your account
14. errors taking place with regard to the processing of your application
15. any act or omission caused by you or your agent (whether authorized by you or not)

You agree to release, defend, indemnify and hold harmless KGI Enterprises and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding suit or demand arising out of or related to your (including your agents, affiliates, customers, clients or anyone using your account with KGI Enterprises whether or not on your behalf and whether or not with your permission) use of the services provided by KGI Enterprises.  

This concludes the summary of the Terms of Service.  It is not a legal document.  You must read, understand and agree to be bound by our complete Terms of Service below in order to use our services. 

Terms of Service

Websiteforme.com is a division of KGI Enterprises.  This is an agreement between you and KGI Enterprises.  This agreement explains the basis upon which the website account, web hosting service, domain registration and related transactions between you and KGI Enterprises will take place and our responsibilities toward each other.  To complete the registration process, you must acknowledge that you have read, understood and agree to be bound by all terms and conditions listed here.  Your use of our service constitutes acceptance of these terms.

By entering into this agreement, in addition to transactions entered into by you on your behalf, you also agree to be bound by the terms of this agreement for transactions entered into on your behalf by anyone acting as your Agent.  You also agree to be bound by the terms of this agreement for transactions entered into by anyone who uses the account you've established with KGI Enterprises whether or not the transactions were in your behalf.

You agree and acknowledge that this Agreement as well as any additional rules and policies, together with any modifications of the same, constitute the complete and exclusive agreement between you and KGI Enterprises concerning your use of the services provided to you by KGI Enterprises and supersede and govern all prior proposals, agreements, or other communications.

You acknowledge that KGI Enterprises' acceptance of any application made by you for services provided by KGI Enterprises will take place at KGI Enterprises’ offices located in Los Angeles, California. 

1. FEES

In consideration for the services and products ("services") purchased by you and provided to you by KGI Enterprises, you agree to pay KGI Enterprises at the time you order services your 1^st month’s fee, set-up fee and payment for any optional services or website creation services you have selected.  You also agree to have subsequent monthly fees charged to your credit card every 30 days for the upcoming 30 days of service.  Such fees will be charged until you cancel your services per the Cancellation process as stated in this agreement. 

If you wish to cancel your service during the first 30 days of service, please notify us and we will refund your monthly hosting fee.  Set up fees, domain registration fees and any fees for optional services or website design services are not refundable.

Although not anticipated, if an increase in fees ever becomes necessary, KGI Enterprises agrees to provide a full 30 day notice prior to any rate change going into effect. 

If your credit card is declined for any reason you agree and acknowledge that KGI Enterprises may charge the credit card you have on file a $5.00 declination fee.  Service will be interrupted on accounts that are 10 days past due and may be subject to a $25 reconnect charge.  If an account is 20 days past due, service will be terminated.

None of our customers have ever exceeded their bandwidth limit, but if you should exceed your limit the fee for additional bandwidth is $5 for each GB over your plan limit.

Any uncollected fees owed to KGI Enterprises may be turned over to an outside collection agency.  In such an event, you agree to pay KGI Enterprises the amount owed plus a $200 collection fee.

2.   TERM OF AGREEMENT; MODIFICATIONS 

The term of this agreement shall continue in full force and effect as long as you maintain your website account with us.  You agree that KGI Enterprises may modify this agreement from time to time without prior notice.  KGI Enterprises may also discontinue services it provides under this agreement.  You agree to be bound by any changes KGI Enterprises may reasonably make to this agreement when such changes become effective.  Should you elect not to be bound by these changes you may cancel your service with KGI Enterprises.  In such a case, you will not receive a refund for any fees you may have paid to KGI Enterprises or for any time you have remaining on your billing term.  

You agree that KGI Enterprises will not be bound by any representations made by third parties who you may use to purchase services from KGI Enterprises and that any statements of a general nature, which may be posted on a KGI Enterprises web site or contained in KGI Enterprises’ promotional materials, will not bind KGI Enterprises. 

3.      UP TO DATE INFORMATION

You agree to notify KGI Enterprises within seven (7) days when any of the information you provided as part of the application and/or registration process changes.  It is your responsibility to keep this information in a current and accurate status.  Such information includes but is not limited to:  a valid e-mail address, phone number and current, valid credit card number.  Failure to keep information current or provide accurate information as part of the sign up process could result in immediate suspension or termination of your account.  Failure by you, for whatever reason, to provide KGI Enterprises with accurate and reliable information as part of the sign up process shall be considered to be a material breach of this agreement and can result in immediate termination of your account.  In such case, no fees shall be refunded.

If, during the course of your agreement with KGI Enterprises, your information becomes inaccurate and you do not respond, for whatever reason, within ten (10) days to any inquiries made by KGI Enterprises to determine the validity of information provided by you, that shall also be considered to be a material breach of this agreement and can result in termination of account.  In such case, no refunds or partial refunds of fees shall be given.

4.      DOMAIN NAME REGISTRATION 

You agree that KGI Enterprises cannot guarantee that you will receive the domain name you have requested on your order, even if an inquiry indicates that the domain name is available since KGI Enterprises cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by a third party or whether there are inaccuracies or errors in the domain name registration databases, including the various WHOIS databases.  You acknowledge and agree that KGI Enterprises may choose to reject your application for a domain name for any reason including but not limited to rejection due to a request for registration of a prohibited domain name. 

By applying for a domain name and by asking us to maintain a requested domain name as part of your account with us you hereby represent and warrant to us that to your knowledge the registration of the domain name will not and does not infringe upon or otherwise violate the rights of a third party.  You agree and acknowledge that it is your responsibility to determine whether the domain registration infringes or violates someone else’s rights. 

You agree that if KGI Enterprises is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a domain name registered for your account by KGI Enterprises that KGI Enterprises, in its sole discretion, may take whatever action KGI Enterprises deems necessary regarding further modification, assignment of and/or control of the domain name including termination of rights to and release of the domain name.  You agree that KGI Enterprises in its sole discretion may also take whatever action KGI Enterprises deems necessary to comply with the actions or requirements of a governmental, administrative or judicial body.  You agree to hold KGI Enterprises harmless for any action taken by KGI Enterprises related to the registration of or termination of the domain name you have asked us to register and we maintain for your account.

5. SEARCH ENGINE SUBMISSION SERVICES

You acknowledge that purchase of an optional search engine submission package does not guarantee you a certain ranking in a particular search engine.  Each search engine has a different algorithm for determining site ranking that we have no control over.  Also, we do not guarantee inclusion in any search engine unless noted in the package description.  Each search engine has it's own time frame and rules for accepting submissions that we have no control over.

If you purchase a guaranteed inclusion package you acknowledge that we have no control over the search engines listed in the package so cannot guarantee that one or more search engines will remain in the package for the duration of the year purchased.  Although not currently anticipated, if business decisions result in certain search engine(s) withdrawing from participation in the package you acknowledge that no refund or partial refund will be given unless all search engines withdraw from participation in the package.  If all search engines withdraw from participation in the guaranteed listing package then you shall be given a pro-rata refund for the time remaining in your search engine submission package. 

6.  WEBSITE CONTENT