Terms of Service

Effective Date: October 14, 2024

1. Introduction

These Terms of Service ("ToS") constitute a legally binding agreement between you ("the client," "you," or "your") and Webspansion ("we," "us," or "our") regarding your use of Webspansion’s services and website ("Services"). By using our Services, you agree to be bound by these ToS in their entirety. If you do not agree with these terms, you must not use our Services.

2. Services Provided

Webspansion offers free and paid web services as outlined below:

• Web Design: Creating the visual and functional aspects of your website, including layout, aesthetics, and user interface design.
• Web Development: Writing the underlying code and framework to enable website functionality.
• Web Hosting: Offering server space for your website to be accessible online.
• Domain Purchasing: Acquiring a domain name for your website, subject to limitations.
• Basic SEO Services: Implementing foundational search engine optimization techniques to improve your site's visibility on search engines.
• Basic Site Optimization for Speed: Ensuring your website performs efficiently and loads within industry-standard speed metrics.

3. Scope of Free Services

While Webspansion provides services free of charge, certain services or upgrades may incur additional costs, including but not limited to:

• Premium domain names (e.g., .com, .org).
• Advanced SEO services.
• Extensive revisions or complex website functionalities.
• Custom features, plugins, or advanced integrations.

In such cases, Webspansion will inform you of the costs in writing before work is initiated, and no additional work will be done until these costs are agreed upon.

4. Eligibility

To use our Services, you must:

• Be at least 13 years of age or have obtained parental or legal guardian consent if under 18.
• Provide accurate and truthful information during the onboarding process. By using our Services, you confirm that you meet these eligibility requirements.

5. Client Responsibilities and Submission of Materials

You are responsible for providing Webspansion with all necessary materials required to create your website, including but not limited to:

• Logos: High-resolution images or vector files of your business or personal logo.
• Content: Written content, images, videos, and other media for your website (e.g., product descriptions, service details, and contact information).
• Color Schemes and Branding Guidelines: Your preferences for color schemes and brand aesthetics.
• Additional Content: Any additional materials (e.g., business information, pricing structures, blog content) you wish to include.

Submission Process: You are required to submit materials through a Google Drive link or similar secure file transfer method provided by Webspansion.

Accuracy of Content: You agree to provide accurate, up-to-date information. You are solely responsible for the legality, originality, and appropriateness of all content submitted. Webspansion is not responsible for verifying the legality of any user-submitted content and assumes no liability for any legal consequences arising from your content.

6. Domain and Hosting Setup

Webspansion offers free hosting services for websites designed through our platform. We will also provide domain registration services using lower-cost domain options, such as .site or .xyz. Should you prefer a premium domain (e.g., .com, .org), you will be responsible for covering the costs of registration and renewal fees.

Ownership of Domain: The domain will be registered in your name, and you will retain full ownership of the domain. Transfer of domain control can be requested at any time following website completion.

Hosting: While Webspansion offers free hosting, we do not guarantee uptime, and performance may be subject to third-party hosting providers. Any issues arising from the hosting service, including outages, slow speeds, or other hosting-related matters, are not the responsibility of Webspansion.

7. Intellectual Property Rights

7.1 Client's Ownership of Content

You retain full ownership of all content you submit to Webspansion for use on your website, including but not limited to text, logos, images, and media. By submitting content, you grant Webspansion a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute your content solely for the purposes of developing and hosting your website.

7.2 Webspansion's Ownership of Code and Design

Webspansion retains ownership of all custom code, design, and intellectual property developed as part of your website. You are granted a perpetual, non-transferable license to use the code and design only as part of the website provided to you by Webspansion.

Webspansion reserves the right to reuse and repurpose any part of the underlying website design, framework, or code for other clients or projects, provided it does not include your specific content.

8. Portfolio and Marketing Rights

You hereby grant Webspansion the right to feature your completed website, along with any associated branding, in its portfolio, marketing materials, and social media platforms. This helps promote Webspansion’s services to future clients and showcases the quality of work provided.

Note: This right is perpetual unless you expressly notify Webspansion in writing to cease the use of your website in promotional activities. However, Webspansion will not make changes to existing marketing materials or portfolio pieces published prior to receiving your request.

9. Control and Revisions After Launch

Once your website has been launched, clients may request changes or revisions, such as text edits or image replacements. However, Webspansion does not guarantee that we will be able to respond to all requests or provide further revisions after launch. While we will do our best to assist, support will be provided as time and resources allow, and it is not guaranteed.

10. Third-Party Services and Tools

Webspansion may integrate third-party services, tools, and plugins to enhance your website’s functionality. These services may include, but are not limited to:

• Google Analytics for tracking site performance.
• Payment gateways for e-commerce functionality.
• Content management systems (CMS) for self-service updates.

You acknowledge that the use of third-party tools is governed by the terms and conditions of the respective service providers, and Webspansion does not warrant the functionality or reliability of such services. Webspansion is not responsible for any losses, damages, or issues resulting from third-party services, including service disruptions, data breaches, or service outages.

11. Limitation of Liability

Disclaimer of Warranties:

Webspansion provides all services “as-is” and “as available” without any warranties or guarantees of any kind, including but not limited to:

• Performance: We do not guarantee specific outcomes regarding website traffic, search engine rankings, user engagement, or revenue generation.
• Security: While Webspansion implements reasonable security measures, we do not guarantee that your website will be free from vulnerabilities, hacking, or unauthorized access.

Limitation of Liability:

To the fullest extent permitted by law, Webspansion shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or related to your use of our Services, including but not limited to:

• Loss of profits, data, or goodwill.
• Any damages arising from third-party claims.
• Any errors, omissions, or inaccuracies in the content provided by Webspansion.

12. Termination

Webspansion reserves the right to terminate your access to our Services at any time, for any reason, without prior notice. Upon termination, all provisions of these ToS that should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law and Dispute Resolution

These ToS shall be governed by and construed in accordance with the laws of the United States and the State of Texas. Any disputes arising out of or relating to these ToS shall be resolved through informal negotiation. If resolution cannot be achieved, disputes shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association.

14. Modifications to the Terms of Service

Webspansion reserves the right to modify these ToS at any time. We will notify you of any material changes via email or through a notice on our website. Your continued use of the Services following any changes constitutes your acceptance of the new terms. It is your responsibility to review these ToS periodically for any updates.

15. Contact Information

If you have any questions or concerns about these Terms of Service, please contact us at help@getwebspansion.org.

By using our Services, you acknowledge that you have read, understood, and agreed to these Terms of Service.