ValleyWebsites 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.
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 Cathedral City, California.
In consideration for the web site 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 1st month’s
fee for the 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. For purposes of this agreement, a
month is defined as 30 days.
Although we have
never raised our fees and a fee increase is not
anticipated, if an increase in fees ever does become necessary, KGI
Enterprises agrees to provide a full 60 day notice prior to any rate
change going into effect.
Service may be interrupted on accounts
that are 10 days past due. If an account is 20 days past due,
KGI Enterprises reserves the right to terminate services.
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 and/or assign, sell or transfer rights to provide services covered under this agreement to a third party. 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 services 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 whether
of a specific or general nature, which may be posted
on a KGI Enterprises web site or contained in KGI Enterprises’
promotional materials, will not bind KGI Enterprises.
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
Such information includes but is not limited to: a
valid e-mail address, phone number and current, valid credit card
Failure to keep information current and
accurate could result in termination of your account.
Failure by you, for whatever reason, to provide KGI Enterprises with
accurate and reliable information shall be considered to be a material
breach of this agreement. Failure by you, for whatever reason,
to respond within ten (10) days to any inquiries made by KGI
Enterprises to determine the validity of information provided by you,
shall also be considered to be a material breach of this agreement
and can result in termination of account.
DOMAIN NAME REGISTRATION
You authorize KGI Enterprises to register or transfer a domain name on your behalf. 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 to be
bound by ICANN's Uniform Domain Dispute Policy.
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.
All services provided by KGI Enterprises must be used for lawful
purposes only. Transmission, storage or presentation of any
information, data or material in violation of any Federal, State,
Local or International law is prohibited. This material includes, but
is not limited to, copyrighted material.
KGI Enterprises reserves the right to remove any and all materials
which infringe or are alleged to infringe on copyrighted
work. Such materials may be removed
by KGI Enterprises at any time upon
receiving a written complaint and/or notice of copyright
infringement. You agree that if such material is removed from your
site you agree to hold KGI Enterprises harmless for any action taken
by KGI Enterprises.
The following web
sites and web site content is prohibited:
and sex-related web sites. Links from your web site to such
sites are also prohibited.
may be damaging to KGI Enterprises’ servers or any other server on
the internet. Such content includes but is not limited to
pirated software, hacker programs or archives, warez sites, copyright violations, any mass download
content sites including but not limited to music, video, audio,
shareware, software, freeware, free images or anything that makes
it an excessively high bandwidth site.
Selling of software
of bulk e-mail lists
IRC and IRC bots.
You are solely responsible for the content of your website.
KGI Enterprises will be the sole arbiter in determining violations
of this content policy and reserves the right to remove any content at
any time for any reason, even if the reason is not expressly listed
in this section. You agree that if KGI Enterprises
become aware of or is informed by another party that such material
may be violating the policies listed here that KGI Enterprises may
take any and all action it deems necessary including but not limited
to removal or the offending material and/or
termination of your account. This action may be taken
without prior notification to you. There will be no refunds
given for service terminated for violations of this policy. You agree to indemnify and hold harmless KGI Enterprises from any
claims related to the use of this service which damages you or a third
The sending of bulk e-mail or unsolicited commercial e-mail (also known as "SPAM" or
"junk e-mail") is strictly prohibited. IF YOU SPAM, YOUR
WEBSITE SERVICE MAY BE CANCELED AND/OR SUSPENDED. IN SUCH A CASE, NO REFUNDS WILL BE GIVEN.
Upon notification of an alleged violation of this provision, KGI Enterprises will launch an investigation. During the
investigation, KGI Enterprises may restrict your access or disable
your account or parts of your account to prevent further violations. KGI Enterprises may
take such action without notification to you. If you are found
to be in violation of this provision, KGI Enterprises may at its sole
discretion restrict, suspend or terminate your account.
There will be no refunds given for service terminated for
violations of this policy.
KGI Enterprises may notify law enforcement if violation of this
provision is believed to be a
You authorize KGI Enteprises to set up email account(s) and related services on your behalf.
WEBSITE CREATION AND UPDATES
"Website content" is
defined as all website text, and any images you provide us that fit
within the text body of your website. Website content does NOT
include any part of the website design. In case
of disagreement, KGI Enterprises shall be the sole arbiter of
whether an item is considered "website content."
You may provide
customized text to us to use in your website content.
Enterprises makes every effort to ensure customer satisfaction with
all website content changes requested by you and
implemented by KGI Enterprises, there may be times when that may prove
impossible on a more or less continual basis. If your
dissatisfaction occurs on a more or less continual basis in the sole
opinion of KGI Enterprises, KGI
Enterprises may, at it's sole discretion, elect to permanently
discontinue service to your account. In such an instance, KGI
Enterprises will notify you via email, cancel your service and refund only the current month's
As part of your
monthly service fee, you are allowed a specific number of hours of
website changes each month. Changes are made in 15 minute
increments. Website change time does not accrue. If
unused at the end of that particular month, any time left unused is
reserves the right to restrict website content changes if requested
changes provide a unique and consistent burden to KGI Enterprises
even if you have time remaining on your website changes allotment
for the month. KGI Enterprises will be the sole arbiter of
what represents a unique and consistent burden. If website
content changes are restricted, you will be notified and have the
option of continuing service with the website content change
restrictions or you may elect to discontinue services and we will
refund the current month's web site fee.
8. MONEY BACK GUARANTEE
If you are not
satisfied with your web site for any reason, you may request a
refund at any time within 30 days of first signing up for a website
account with KGI Enterprises by submitting a refund request via the
online support request form in the Customer Support Area of the
Valley Websites website. Once we receive your request we will
confirm that we have received it and will refund your initial web
site service fee. For Supreme Account users, payment made on
your behalf for Google Ad Costs are not refundable. If you do not receive confirmation of receipt from us, it is your
responsibility to make sure that we receive your request.
If you invoke the
money back guarantee per the terms of this Agreement and would like the domain name we have
registered on your behalf or transferred to KGI Enterprises for you, you may notify us within 30 days of
invoking the guarantee that you wish to keep your domain name. We will transfer the domain name to you upon payment of a $15 transfer fee.
9. GOOGLE ADWORDS
If the services plan you
purchase comes with Google Adwords set up and monitoring you acknowledge that
you are NOT guaranteed specific results. We expressly disclaim that you will receive a certain ranking or a minimum level of visitors.
You acknowledge that we do not control or have any influence over Google therefore cannot offer any certainties or guarantees with respect to your Google
We will monitor and optimize your Google
Adwords campaign monthly to the best of our ability. You acknowledge that there are many factors involved with the management of a Google
Adwords campaign and we do not, cannot and will not guarantee that you will get the best ranking possible or for the lowest cost.
You acknowledge that although we try it is possible that we may not target the
best keywords for your business or optimize your ads to the fullest extent
Purchasers of the Advanced Plan agree to pay Google directly for the actual advertising costs incurred by your Google Adwords campaign. We are only responsible for the
setup, monitoring and optimization of ads for up to 10 keywords that we select. If you choose to add additional ads or keywords to your account we are not responsible for those additions
and such ads MUST be set up within a separate ad campaign. We are no longer responsible for monitoring or optimizing keywords if you make any adjustments including cost per click, ads or other campaign elements to keywords or ads that we are monitoring. A $250 charge will be assessed if such adjustments are made and we agree to continue monitoring your campaign.
When we initially set up your Google Adwords account we will set the initial
budget as $1/day. You acknowledge that after this initial set up, it is
your responsibility to set and monitor your Google Adwords budget.
For Purchasers of the Supreme Plan we will
set up, monitor and optimize Google Adwords ads for up to 25 keywords that we
select. You agree NOT to make ANY changes or adjustments to ads,
keywords, pay per click costs or any other campaign element of your Google
Adwords account. If such changes are made, whether or not said
changes negatively impact our monitoring and optimization of your Adwords
campaign, we reserve the right to terminate our participation in your Google
Adwords campaign and change your monthly services plan to a plan that does not
include the monitoring and optimization of a Google Adwords campaign. A
$250 charge will be assessed if such adjustments are made and we agree to
continue monitoring your Google Adwords campaign for you.
The Supreme Plan includes up to $15 worth of Google
Adwords ads each month. The actual amount spent may be less than $15
depending on the number of users who search for similar businesses in your area,
the cost of the ads, the number of users who click on your ads and other issues
the majority of which are outside our control. If any portion of the
$15 is unused it will NOT be carried over to the following month and refunds
will not be issued for unused ad costs. In some cases the amount
spent during a month may be more than $15. If so, you will NOT be
charged for the overage unless the overage is a result of changes or adjustments
you or a representative made to one or more elements of your Adwords account.
10. GOOGLE SUBMISSION
We agree to submit your website url to Google. You acknowledge that
the Google website submission which comes with each account does NOT
guarantee you a listing in Google nor does it guarantee you a specific ranking,
if listed. You acknowledge that we do not control or have any
influence over Google therefore cannot and do not guarantee you a specific
result, visitors or a listing in the Google search engine. We make no
claim when or if your website will be listed or where it will be ranked.
REFUNDS AND DISPUTES
KGI Enterprises does not provide refunds except as
specifically provided for in this agreement.
noted in this document, all billing disputes must be reported to KGI
Enterprises within 45 days of the time the
event giving rise to the dispute occurred.
Customer balances past
due by 45 days are subject to submission to a collection agency.
In such cases, you will be liable for the balance due, all
collection costs, attorney fees and a $200 Collections Service Fee.
You expressly agree to
indemnify and hold harmless KGI Enterprises from any
that may be brought by
you or a third party as a result of KGI Enterprises enforcing this
CANCELLATION OF SERVICES
You may cancel your services at any time by sending written notice
to us via the support request form on our website or via email. Cancellations
must be received by KGI Enterprises no later than 2 days prior to the
date your next service fee is to be charged. If you are
canceling prior to the end of your billing term, you will not receive
a refund for the unused portion of the term you did not use.
Once your cancellation request has been processed, we will send you an e-mail
notifying you that we have received it. If you do not receive
such notification it is your responsibility to resubmit the
files" are defined as your website, website content, website files, email accounts, email, domain name,
Google Adwords package (if ordered) and any other items that may be associated with the website services provided to you by KGI
Enterprises or are controlled on your behalf by KGI Enterprises.
Your website account files may be deleted by KGI Enterprises at any time after we
receive your cancellation notice. Once deleted, website account files
can not be retrieved. Website designs are the property of KGI
Enterprieses and cannot be transferred to another service provider.
Once services are canceled, either voluntarily by you or through
action taken by KGI Enterprises, you will not have access to your
website account files. You agree to
indemnify and hold harmless KGI Enterprises for any and all claims
that may arise from cancellation of you account and/or deletion of your website account files.
If you cancel your
services per the terms of this Agreement and would like the domain name we have
registered on your behalf or transferred to KGI Enterprises for you, you
MUST notify us within 7 days of cancellation if you wish to have us
transfer the domain to you.
do not cancel your service per the terms of this Agreement and/or
have an outstanding balance on your account, KGI reserves the right
to either terminate your website service and/or to keep your website
content and domain name until such time as the outstanding balance
is paid in full.
RESERVATION OF RIGHTS;
KGI Enterprises expressly reserves the right to deny or cancel any
domain registration or web site service or account that it deems necessary,
in its sole discretion, to protect the integrity and stability of KGI
Enterprises’ servers, to comply with any applicable laws, government
rules or requirements, requests of law enforcement, in compliance with
any dispute resolution process, to avoid any liability, civil or
criminal, on the part of KGI Enterprises, as well as its affiliates,
subsidiaries, officers, directors and employees, or for any other reason whether or not mentioned herein. KGI Enterprises also
reserves the right to suspend website service during resolution of a
dispute. Accounts denied or terminated due to one or more of the
reasons listed in this paragraph shall not be refunded either in whole
or in part.
Enterprises may also refuse, cancel or suspend service at its sole
discretion for any reason. In the event KGI Enterprises at its sole discretion
refuses, cancels or terminates your
account, KGI Enterprises will, unless otherwise noted, provide you a pro-rata refund for the
amount of time you still have remaining on your billing term. Accounts terminated
due to a breach of this agreement including but not limited to
prohibited content or SPAM will not receive refunds of any kind either
in whole or in part.
KGI reserves the right to change or amend these Terms of Service at
any time without prior notice.
14. DISCLOSURE TO LAW ENFORCEMENT
You agree that KGI
Enterprises may disclose any and all information that KGI Enterprises
has about you and your account to any law enforcement agent upon
written request by the law enforcement agent. You agree that KGI
Enterprises does not have to notify you or obtain your consent either
before or after providing this information to law enforcement.
LIMITATION OF LIABILITY
You agree that KGI Enterprises entire liability to you under this
agreement, and your only remedy, in connection with any service
provided by KGI Enterprise to you under this agreement, and for any
breach of this agreement by KGI Enterprises, shall be limited to one
month's service fee.
KGI ENTERPRISES AND ITS AGENTS AND CONTRACTORS SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
RESULTING FROM THE USE OF OR INABILITY TO USE ANY OF KGI ENTERPRISES’
SERVICES OR FOR THE COST OF OBTAINING SUBSTITUTE SERVICES. BECAUSE
CERTAIN STATES DO NOT PERMIT THE LIMITATION OF ELIMINATION OF
LIABILITY FOR CERTAIN TYPES OF DAMAGES, KGI ENTERPRISES’ LIABILITY
SHALL BE LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.
KGI ENTERPRISES DISCLAIMS ANY LOSS OR LIABILITY RESULTING FROM:
access delays or interruptions to your website,
your website services (which includes your e-mail and account), our web site or domain name
non-delivery or mis-delivery of data or e-mail
between you and KGI Enterprises
events beyond our control (i.e. acts of God)
the loss of registration or processing of a
domain name or the use of a domain name
the unauthorized use of your account or any of the services provided to you by KGI
the unauthorized request for changes to or cancellation of your
website service by someone purporting to be you or someone
purporting to act on your behalf
errors, omissions or misstatements
deletion of, failure to store, or failure to
process or act upon email messages
processing of updated information to your
development or interruption of service to your
defect, deletion or delay
in the operation of
or transmissions to your website, your website services or
defect, deletion or delay to your website, your
website services or website files due to computer virus, illegal activity, file
corruption, communication line failure, network or system outage
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
errors taking place with regard to the
processing of your application
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. Should KGI Enterprises be notified of a pending law
suit, or receive notice of the filing of a law suit, KGI Enterprises
may seek a written confirmation from you concerning your obligation to
indemnify KGI Enterprises. Your failure to provide such a
confirmation may be considered a breach of this agreement.
17. REPRESENTATIONS AND WARRANTIES
You warrant that all information provided by you as part of the
registration process is complete and accurate. You also warrant that
the domain name you are submitting with your website application is
being submitted in good faith and that you have no knowledge of it
infringing upon or conflicting with the legal rights of a third party
or a third party's registration, trademark or trade name. You also
warrant that the domain name being registered and the website you
create will not be used in connection with any illegal
You agree that KGI Enterprises makes no representations or warranties
or any kind in connection with this agreement and specifically makes
no guaranty to you against the possibility of objection to, or
challenge of, the registration or use of the domain name KGI
Enterprises maintains as part of the website account service it
provides you under this agreement or a guaranty of a listing or
ranking in the Google search engine or a specified number of
visitors from a Google Adwords campaign.
18. DISCLAIMER OF WARRANTIES
Your use of KGI Enterprises is solely at your own risk. All KGI
Enterprises services are provided on an “AS IS” basis. WE EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SERVICE(S) WILL MEET
YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE
DO NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR
RESULTS OF, ANY OF THE SERVICES WE PROVIDE, IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
19. SEVERABILITY; ENTIRETY
You agree that the terms of this agreement are severable. If any part
of this agreement is determined to be unenforceable or invalid, that
part of the agreement will be interpreted in accordance with
applicable law as closely as possible, in line with the original
intention of both parties of the agreement. The remaining terms and
conditions of the agreement will remain in full force and effect.
You agree that this agreement constitutes the complete and only
agreement between you and KGI Enterprises regarding the services
20. VENUE; WAIVER OF TRIAL BY JURY
THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN THE STATE OF
CALIFORNIA. THE LAWS AND JUDICIAL DECISIONS OF RIVERSIDE COUNTY,
CALIFORNIA SHALL BE USED TO DETERMINE THE VALIDITY, CONSTRUCTION,
INTERPRETATION AND LEGAL EFFECT OF THIS AGREEMENT. YOU AGREE THAT ANY
ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT, SHALL BE BROUGHT
IN THE COURTS OF RIVERSIDE COUNTY, CALIFORNIA.
YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING THAT
TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT.
You agree that all notices (except for notices concerning breach of
this agreement) from KGI Enterprises to you may be posted on our web
site and will be deemed delivered upon
posting. This includes notice of any changes made to this
agreement. Notices concerning breach will be sent
either to the email
address you have on file with KGI Enterprises and/or an email address
you have listed on your website or mailed certified mail to the postal address you have on file with
KGI Enterprises. In
both cases, delivery shall be deemed to have been made five (5) days
after the date sent.
Notices from you to KGI Enterprises shall be made either by email,
sent to the address we provide on our web site, or first class mail to:
6230 Wilshire Blvd. #186 Los Angeles, CA 90048
Delivery shall be deemed to have been made by you to KGI Enterprises
five (5) days after the date sent.