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TERMS & CONDITIONS
Thank you for shopping at 123EzBiz and PowerWebsites.
By placing an order on any of our websites, use of our software, or plugins you signify your Acceptance of the Terms and Conditions set forth herein. All these Terms set your conditions of use of our Websites and Services. Except as otherwise specified, these Terms do not apply to Third-Party products and services, which are governed by their own terms of use. Please take a few moments to read through our Terms and Conditions thoroughly. These Terms may be updated at any time; please check back occasionally for updates.
Date of Last Revision: July 22, 2022
Licensing
Leecorp Business Services ("Leecorp”) is willing to license the software identified as 123EzBiz or PowerWebsites only upon the condition that you accept all of the Terms contained in this license agreement and supplemental license Terms (collectively "Terms"). Please read the Terms carefully. 123EzBiz and PowerWebsites are a Software as a Service (SaaS). We do not sell our software and all software shall remain the property of Leecorp includinng any customizations made for customers by Leecorp. By using the software you acknowledge that you have read the Terms and agree to them. If you are agreeing to these Terms on behalf of a company or other legal entity, you represent that you have the legal authority to bind the legal entity to these Terms. If you do not have such authority, or if you do not wish to be bound by the Terms, then you must not use the software on this site or any other media on which the software is contained.
Parties
As used herein, the term "Leecorp" refers to Leecorp Business Services herein referred to as "Leecorp"; the term "PowerWebsites" or "123EzBiz" refers to the website software service owned and operated by Leecorp Business Services, whose home pages resides on the Internet at https://123ez.biz and https://powerwebsites.com herein referred to as "PowerWebsites" or "123EzBiz".
These Terms and Conditions constitute an Agreement between 123EzBiz and the party as specified in the 123EzBiz checkout form application, with the information as provided by said party, herein referred to as "Client."
Typographical and Photographical Errors
Leecorp attempts to be as accurate as possible in our pricing, as well as our typographical and photographical depictions of products and services for sale; however, we cannot guarantee that product descriptions/specifications, pricing or any other content on 123EzBiz or PowerWebsites is accurate, complete, or current. In the event that a product is listed at an incorrect price due to typographical, informational, technical or other error, Leecorp shall have the right, at our sole discretion, to either honor the displayed price, adjust the order to reflect the corrected price, or refuse/cancel any orders placed for that product or service at the incorrect price.
Order Acceptance Policy
Your submission of an order and/or receipt of an order confirmation, automated or otherwise, does not signify our acceptance of such order. Leecorp reserves the right to cancel any order that we deem necessary, at our sole discretion, regardless of the order status or whether you have received a confirmation of the order. We reserve the right to require additional information from you before accepting or processing any order.
Order Processing Time
Once your order is accepted the normal time to process your order is one (1) to three (3) business days (in many cases same day) unless otherwise stipulated by the order processor. The Services will be activated in this time frame provided that the Client has provided everything needed to be on the Internet. A schedule will be provided otherwise. The Schedule for domain activation and software setup and other services activation is merely an estimate.
Domain Name Registration
123EzBiz and PowerWebsites’ clients are wholly responsible for acquisition, registration, and ongoing renewal of their own domain names through the registrar of their choice. Clients are the sole owners of their own domain names and shall hold Leecorp, 123EzBiz and PowerWebsites harmless in regard to any registration, renewal or lapse in domain name registration for all domain names used in association with services provided by 123EzBiz and PowerWebsites
If 123EzBiz and PowerWebsites has paid for the registration of Client&##39;s domain name as a service performed in behalf of Client, and Client cancels his/her web hosting plan, Client will be charged fees of $35.00 for a one year domain name registration or $70.00 for a two year domain name registration prior to cancellation.
Fees
Client agrees to pay a setup fee, a monthly fee, a usage fee (if any), and a web traffic fee (if any) and fees for any custom work, web development and specialty orders (if any). The first monthly fee and nonrefundable setup fee is due upon signup. 123EzBiz and PowerWebsites will present a fee schedule to Client before sign up and quotations by phone or via email for any custom work or specialty orders. All setup fees, custom work web development and specialty orders are non-refundable. A minimum 50% non-refundable deposit is required at time of order and all fees for scheduled custom work are due and must be paid immediately upon completion of the order. The 123EzBiz and PowerWebsites agent(s) or representative(s) may, at his or her sole discretion, require payment in full at the time of order placement before any custom work commences. Custom work, web development and specialty orders are subject to price adjustments for services rendered as needed for completion of the order. 123EzBiz and PowerWebsites has the right to change the price of any services and fees at any time without prior notice.
Software customizations, web development, custom design work, marketing, ad campaigns, and all other services such as training and setup fees are non-refundable, irrespective of any claims, warranties, and money back guarantees made by 123EzBiz, PowerWebsites or Leecorp. All sales are final.
Late Payment
Client agrees to pay a one-time penalty of 20% of the amount due plus $25 per incident for delayed payments.
Reconnection Fee
Client agrees to pay a Reconnection Fee in the amount of $95. per incident of disruption of service.
Billing Information Updates
Client agrees to provide to 123EzBiz and PowerWebsites any changes to the billing information promptly. As a security precaution, and to prevent fraudulent changes made against client by any client&##39;s competitor, no changes will be made on any client account until written notice has been received and validated via telephone or Fax by the 123EzBiz and PowerWebsites billing department. Client understands that he/she is liable for all outstanding balances due and in effect until account changes have been made by 123EzBiz and PowerWebsites. Billing information includes but is not limited to credit card information, address, phone, and checking account information.
Notice of Cancellation
Client agrees to provide 123EzBiz and/or PowerWebsites with a written notice of cancellation from Client&##39;s email address on file to company email address at least thirty (30) days prior to account closure. As a security precaution, and to prevent fraudulent changes or changes from malicious intent made against client by any client&##39;s competitor, former employee or other unfriendly party, no account will be closed until written notice has been received and validated by the 123EzBiz or PowerWebsites billing department. Client understands that he/she is liable for all outstanding balances due at time of cancellation until account has been closed by 123EzBiz and PowerWebsites.
30-day Money Back Guarantee
Each of our shopping cart or web hosting plans carries a 30-day money back guarantee. If you are not completely satisfied with our software services within the first 30 days of your signup, you will be given a full refund of the monthly fee amount excluding setup fees, training fees, custom design, web development, and overages. Setup fees are only refundable if the account order is cancelled prior to account activation.
This guarantee does not apply to any additional services such as bandwidth, overages, disk space, domain name registration, SSL certificates, merchant account fees, and all other services such as research, custom development, training and setup fees. All cancellations must be received in writing as per the deadlines indicated; e-mail is acceptable. Phone requests alone will not constitute acceptance of any cancellation. For your protection, we validate cancellations with a follow up phone call to avoid any fraud or malicious intent from one of your competitors.
Restrictions
123EzBiz and Powerwebsites software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Leecorp and/or its licensors. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer the software. You acknowledge that Licensed Software is not designed or intended for use in the design, construction, operation or maintenance of any pornographic or illegal activity. Leecorp disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Leecorp, 123EzBiz, PowerWebsites or its licensors is granted under these Terms.
Intellectual Property Ownership, Reservation of Rights
The 123EzBiz and Powerwebsites are licensed software and any authorized copies that you make are the intellectual property of Leecorp, 123EzBiz and PowerWebsites and its suppliers. The structure, organization and code of the software are the valuable intellectual property (e.g. trade secrets and confidential information) of Leecorp, 123EzBiz and PowerWebsites and its suppliers. The software is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, these Terms do not grant you any intellectual property rights in the software and all rights not expressly granted are reserved by Leecorp and its suppliers.
All feedback, ideas, opinions, recommendations, or any other advice in connection with your use of our website services, you hereby grant 123EzBiz and/or Powerwebsites an irrevocable, transferable, non-exclusive, fully-paid, perpetual, and royalty-free, worldwide license to use, copy, distribute, modify, reproduce, create derivative works of, adapt, publish, translate, publicly perform, and publicly display or any other modification thereto, in whole or in part, in any format, medium or software developed by 123EzBiz and/or Powerwebsites for any purpose without limitation including integration into any technology, product or service owned by 123EzBiz and/or Powerwebsites now or in the future.
Disclaimer and Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL LEECORP OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF LEECORP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Leecorp’s liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software Service License under these Terms. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.
Unless otherwise noted, products and services sold by Leecorp, 123EzBiz and PowerWebsites are covered by the items manufacturer&##39;s return policy directly between you and them. Policies regarding items that are not covered by period are specified on the products&##39; individual pages. 123EzBiz and PowerWebsites will make the best efforts to provide quality products and uninterrupted services. However, 123EzBiz and PowerWebsites makes no representations or warranties, either expressed or implied, of any kind with respect to products or services sold on this site. 123EzBiz and PowerWebsites expressly disclaims all warranties, expressed or implied, of any kind with respect to products or services sold on this site, including but not limited to, outages, merchantability and fitness for a particular purpose, fraud perpetrated on the Internet against domain names, email addresses and personal information. You agree and understand that 123EzBiz and PowerWebsites software transmits cardholder data on behalf of its users and customers only over approved encrypted SSL connections and cardholder data is not retained or stored. You also agree that the sole and exclusive maximum liability to Leecorp, 123EzBiz or PowerWebsites arising from any product or service sold on this website shall be the price of the product ordered or the price of one month of the service ordered. In no event shall Leecorp, 123EzBiz or PowerWebsites its officers, employees or other representatives be liable for setup fees, training fees, domain name registration or other fees, custom work fees, web development fees, special orders, special, indirect, consequential, or punitive damages related to products or services sold.
123EzBiz and PowerWebsites and the materials therein are provided "as is." Leecorp and PowerWebsites and 123EzBiz makes no representations or warranties, either expressed or implied, of any kind with respect to, its operations, content, information, materials, or PCI compliance. Leecorp expressly disclaims all warranties, expressed or implied, of any kind with respect to the site or its use, including but not limited to outages, merchantability and fitness for a particular purpose, fraud perpetrated on the Internet against domain names, email addresses and personal information. You agree that Leecorp, 123EzBiz and PowerWebsites, its officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of any Leecorp, PowerWebsites or 123EzBiz product or service. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.
Clients, Users and Client Customers shall indemnify, defend by counsel reasonably accepted by Leecorp, protect and hold harmless Leecorp, PowerWebsites and 123EzBiz from and against any and all claims, liabilities, losses, costs, damages, expenses, including consultants&##39; and attorneys&##39; fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or related to the web hosting and other products or services provided by Leecorp, PowerWebsites or 123EzBiz.
Links and Reviews
123EzBiz and PowerWebsites software contains links to other third party webpages and websites. These third party sites are owned and operated by their respective owners and operators and not by Leecorp. Leecorp is not responsible for the actions or content of any such site.
Links to product reviews and quotes taken out of product reviews found throughout 123EzBiz and PowerWebsites are intended to provide you with additional information and professional opinion. However, due to the industry&##39;s fast pace, reviews can become outdated and should not be considered a substitute for doing your own research. Further, the product reviewed is often times sent to the reviewer directly from the manufacturer as a preproduction or demonstration unit. The unit they had tested and reviewed may include accessories, specifications, or other bundled components not included in the retail or final version of the product or service.
Links to website "demos" are provided as software demonstration units to help you research your purchase. Leecorp is not responsible for errors, omissions, content, or any other actions or lack of actions on the demonstration site(s) or any other third party site. Leecorp cannot control the information posted on a website "demo" as these demonstration units are "live" demonstration websites, which are subject to public use and visitor alterations, nor can we be responsible for inaccuracies in information on such sites.
Many third party websites link to 123ez.biz and powerwebsites.com. Although some of these sites are authorized to link to 123ez.biz and powerwebsites.com through an advertising or partnership arrangement, many third party websites are not. We cannot control the information posted on a third party website with which we have no formal affiliation, nor can we be responsible for inaccuracies in information on such sites.
Copyrights and Trademarks
All materials appearing on 123EzBiz and PowerWebsites are the sole property of Leecorp Business Services, unless specified otherwise. Such materials protected by this copyright include, but are not exclusive to, any and all text; any and all images (including icons, logos, and other graphics); and any and all design elements of the website (including assembly and arrangement). You may use the content of 123EzBiz and PowerWebsites for no other purpose than shopping on this site, placing an order on this site, or for conducting other tasks associated directly with, and for the sole purpose of, shopping on this site or placing an order on this site. Unauthorized use of the materials appearing on 123EzBiz or PowerWebsites may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Such unauthorized use includes, but is not exclusive to, copying, reproducing, republishing, modifying, uploading, transmitting, or distributing any of such materials without the prior written consent of Leecorp. The "123EzBiz" and "PowerWebsites" name and logo are trademarks of Leecorp Business Services, as are all custom graphics, icons, and logos found on 123EzBiz and PowerWebsites. All other trademarks or service marks are the property of their respective owners. The use of 123EzBiz or PowerWebsites trademarks or logos without the expressed written consent of Leecorp is strictly prohibited.
Fraud Prevention
123EzBiz and PowerWebsites observe the strictest confidentiality to insure the safety and privacy of Client data and meets the industry standards for SSL and PCI compliance. Client is responsible to administer fraud prevention for their own business venture, including their website with 123EzBiz or PowerWebsites, and therefore, is not to store sensitive credit card data on their website. 123EzBiz and Powerwebsites merely hosts client websites and/or ecommerce stores and cannot be held liable for fraud perpetrated on the Internet against client domain names, email addresses and personal identity information.
Security is our highest priority, as a precaution against identity theft, which is often a topic in the news reports, we verify the validity of each order. We verify both the billing and shipping addresses with your card issuer. In order to process an order, we must be able to verify addresses with your credit card issuer.
If we do need to verify any information with you, you will be emailed, called, or both. 123EzBiz and PowerWebsites NEVER requests that any such information be provided via email, nor do we recommend ever sending credit card information via email as we consider it unsafe and unsecure. We urge all our customers to make any changes to critical informaton such as address, credit card updates by calling our office or logging into your secure Customer Account area located in the Navigation and Links section on 123EzBiz and PowerWebsites.
You are responsible for maintaining the security of your Account Credentials and Passwords for all services ordered or otherwise used in connection with your Website Credentials and all actions taken in association therewith. You will not share your Account Credentials with any other third party or vendor.
We value your business and are here to help you - in fact, we have made it our highest priority. If you have any questions, please do NOT hesitate to call and talk to a company agent today!
Sincerely,
123EzBiz and PowerWebsites team
a Division of Leecorp Business Services
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