Last Updated: January 31, 2025
Welcome to NiftySite! These Terms of Service ("Terms") govern your access to and use of our website development Software as a Service (SaaS) platform ("Service"). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Service.
1. Acceptance of Terms
By accessing or using NiftySite's Service, you agree to comply with and be legally bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you must not use our Service.
2. Description of Service
NiftySite provides a platform for website development, including tools and services that allow users to create, manage, and host websites. Our Service includes features such as website templates, drag-and-drop editors, hosting, domain registration, and customer support.
3. User Accounts
Registration:
To access certain features of our Service, you may need to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.
Security:
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
Eligibility:
You must be at least 18 years old to use our Service. By using our Service, you represent and warrant that you meet this age requirement.
4. Payment Terms
Fees:
Access to certain features of our Service may require payment of fees. All fees are non-refundable unless otherwise stated.
Billing:
Fees are billed in advance on a recurring basis (monthly or annually) and are non-cancelable. There will be no refunds or credits for partially used periods.
Payment Methods:
We accept various payment methods as indicated on our website. You agree to provide accurate and complete payment information.
5. Intellectual Property
Ownership:
All content, features, and functionality of the Service, including but not limited to text, graphics, logos, and software, are owned by NiftySite or its licensors and are protected by intellectual property laws.
License:
Subject to your compliance with these Terms, NiftySite grants you a limited, non-exclusive, non-transferable, and revocable license to use the Service for your personal or business purposes.
Restrictions:
You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any part of the Service without our prior written consent.
6. User Conduct
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable laws.
- Infringe upon the intellectual property rights of others.
- Transmit any harmful, offensive, or inappropriate content.
- Attempt to gain unauthorized access to the Service or its related systems.
- Interfere with the proper functioning of the Service.
7. Termination
By You:
You may terminate your account at any time by contacting us at waltermittyprop@gmail.com.
By Us:
We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.
Effect of Termination:
Upon termination, your right to use the Service will cease immediately. All provisions of the Terms which by their nature should survive termination will survive.
8. Limitation of Liability
To the fullest extent permitted by law, NiftySite shall not 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:
- Your use of or inability to use the Service.
- Any unauthorized access to or use of our servers and/or any personal information stored therein.
- Any bugs, viruses, or the like that may be transmitted to or through our Service by any third party.
- Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service.
9. Indemnification
You agree to defend, indemnify, and hold harmless NiftySite, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any rights of a third party.
10. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in West Palm Beach, Florida.
11. Changes to Terms
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
12. Contact Information
If you have any questions about these Terms, please contact us:
- Email: waltermittyprop@gmail.com
- Phone: (916) 544-0476
- Address: 5053 Ellery Terrace, West Palm Beach, FL 33417