1. Account Registration and Use: You must be at least 18 years old to create an account with us. You are responsible for keeping your account information up to date and for ensuring the security of your account. Please note that the website and any design or files associated with it remain the property of Moondrop Sites and are licensed for your use only while the account is active and payments are current.
2. Payment and Fees: You must pay all fees associated with your account in a timely manner. Failure to do so may result in the suspension or permanent removal of your website. You do not retain ownership or rights to the website upon termination of the account.
3. Content: You are solely responsible for any content you upload or publish on your website hosted on our service. You must ensure that your content does not violate any laws or infringe on the rights of any third party.
4. Prohibited Activities: You may not use our service for any illegal or unauthorized purpose. This includes, but is not limited to, the distribution of viruses, spam, or any other harmful or malicious code.
5. Service Availability: We will make every effort to ensure that our service is available at all times. However, we cannot guarantee uninterrupted service and will not be liable for any loss or damage resulting from service interruptions.
6. Termination: We reserve the right to terminate your account at any time for any reason. If your account is terminated, you will not be entitled to any refund. Upon termination, all access to your website will be permanently removed, and you will not retain ownership or rights to any content, design, or website files associated with the service.
7. Disclaimer of Warranties and Guarantees: To the maximum extent permitted by applicable law, we provide the service on an "as is" and "as available" basis, without any warranties or guarantees of any kind, whether express, implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee that the service will be uninterrupted, error-free, or completely secure. You acknowledge that you have not relied upon any representation or warranty made by us, or any other person on our behalf, except as specifically provided in these terms. You also acknowledge that any content, designs, or files created through our service are licensed for use during the term of your paid account, and you do not retain ownership after termination or non-payment.
8. Indemnification: You agree to indemnify and hold us harmless from any and all claims, liabilities, damages, and expenses, including reasonable attorneys’ fees, arising from your use of our service or your violation of these terms.
9. Modification of Terms: We may modify these terms at any time. Your continued use of our service after any such modification constitutes your acceptance of the modified terms.
10. Governing Law: These terms and your use of our service will be governed by and construed in accordance with the laws of the jurisdiction in which we operate. Any dispute arising from or relating to these terms or your use of our service will be subject to the exclusive jurisdiction of the courts of that jurisdiction.
11. Limitation of Liability: To the maximum extent permitted by applicable law, in no event shall we, our affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including, without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the service; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the service; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (e) any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the service, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
12. Cap on Liability for Damages: Our aggregate liability to you for any and all claims arising from or related to the use of the service is limited to the amount you have paid us for the service in the six (6) months immediately preceding the date on which the claim arose, or $180, whichever is lesser.
13. Hold Harmless: You agree to hold harmless and indemnify us, our affiliates, directors, employees, and agents from and against any claims, actions, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the service, your violation of these terms, or your violation of any rights of another person or entity.
14. Legal Counsel Review: Any deviations from these standard contract terms must be reviewed and approved by legal counsel. Any modifications or amendments to these terms made without such review and approval shall be considered null and void.
15. Exclusive Remedies: The remedies set forth in this agreement are the sole and exclusive remedies available to you for any breach or performance failure of the service. These remedies replace any other rights or remedies you may have under law or in equity. This means that you agree that your only recourse for dissatisfaction or claims related to the service is as explicitly provided in these terms.
