Easy Site Builder Terms of Use

Access to and use of the Kiss My Code Easy Site Builder constitutes acceptance of the following terms and conditions. Kiss My Code may update or change these terms at any time. It is the responsibility of the user to revisit the terms periodically, as the user is bound by the terms listed on this page. No venture or partnership between the user and Kiss My Code is formed by this agreement, the use of the kissmycode.com web site, or the use of the Kiss My Code Easy Site Builder.

Warranties: All materials provided in the Kiss My Code Easy Site Builder are presented with the belief that they are in good working order, and that the structure is valid. However, Kiss My Code will not guarantee the completeness or functionality of any page or structure in the files or installation. The Kiss My Code Easy Site Builder is provided by Kiss My Code “as is” and “with all faults”. No warranties or guarantees are provided for the Kiss My Code Easy Site Builder.

Liability: The user agrees to indemnify and hold Kiss My Code harmless without exception or limitation from all liability, expenses, claims, action, fees, losses or damages caused by the direct or indirect use of the Kiss My Code Easy Site Builder at any time and by any party. In no way will Kiss My Code be held liable for any use of the catalog by the user or by third parties.

Requirements: Web servers running Kiss My Code Easy Site Builder must have PHP 4 or higher running with standard default configurations, mySQL 3.23 or higher and phpMyAdmin. In addition, web users must have a Mals-E account for the use of this catalog, as no stand alone cart system is provided with Kiss My Code Easy Site Builder. The inventory control system of Kiss My Code Easy Site Builder requires the Mals-E Remote Call feature. Therefore, inventory control and sales storage through Kiss My Code Easy Site Builder will not be automated on any web site that uses third party payment systems that do not utilize this feature, which include but are not limited to LinkPoint, Mirapay, Netbanx, Nochex, PayByCheck and PSIGate. A list of these systems can be found at http://www.mals-e.com/processors.php. If PayPal is used as a non-secure payment type at Mals, it can be used with the Kiss My Code Easy Site Builder inventory system; otherwise, Kiss My Code Easy Site Builder cannot automate inventory control through that payment system. It is the user’s responsibility to ensure that all of these requirements are met before purchasing the Kiss My Code Easy Site Builder. If Kiss My Code Easy Site Builder is purchased for installation on a web server that does not have the above requirements, the user will be given a choice of having modifications made to set up the catalog on their server for an additional fee if possible, or they will receive a refund for the Kiss My Code Easy Site Builder license.

Responsibilities: The user accepts all responsibilities for the use of the Kiss My Code Easy Site Builder. Kiss My Code will not be held responsible for any inappropriate use of a web site, shopping cart or company policies from a company or individual using the Kiss My Code Easy Site Builder. Kiss My Code cannot be held responsible for any use of the catalog on a server, even if the catalog is set up on a server that uses the latest versions of PHP and mySQL.

Installation: If Kiss My Code Easy Site Builder is set up by Kiss My Code or one of its certified independent installers, it will be supported for the life of the catalog by Kiss My Code. Any Kiss My Code Easy Site Builder that is installed by any non-certified party will not be supported by Kiss My Code. All Kiss My Code Easy Site Builder must have a purchased license for the domain on which the Kiss My Code Easy Site Builder is installed. Kiss My Code Easy Site Builder users must have PHP, mySQL, and phpMyAdmin installed on the server in which the catalog will be used, or additional fees will apply. Kiss My Code may employ the use of certified independent contractors to set up the Kiss My Code Easy Site Builder system on its clients’ sites. By purchasing installation services, the user is acknowledging the use of such independent contractors, and accepts this arrangement. All contractors are chosen based on previous installation experience and are deemed experts in installations and system troubleshooting.

Costs: There is a one-time charge for the license of the Kiss My Code Easy Site Builder. Additional costs may apply if a user’s web server does not have the required versions of PHP, mySQL and phpMyAdmin with standard configurations. Kiss My Code reserves the right to change prices at any time.

Refunds: Refunds for the cost of the license will be given to any user that does not have the requirements needed to run the catalog, or are otherwise unable to use the script. For a refund to be given, the user must agree to give Kiss My Code permission to access the server and remove all catalog files. Kiss My Code Easy Site Builder users must also agree to destroy all existing copies of the catalog files in their possession, and remove the files permanently from their website. Refunds apply only to the Kiss My Code Easy Site Builder license and to the costs of installation services which have not yet been provided. Refunds will not be given for any services which have already been rendered. Refunds will only be given within 30 days of the date on which the Kiss My Code Easy Site Builder was ordered.

Customization: The Kiss My Code Easy Site Builder is installed as-is and does not include any customization to the product or category layout, nor does it include additions or modifications of fields. The user may freely customize any of the Kiss My Code Easy Site Builder files as desired, provided each Kiss My Code Easy Site Builder is used for a single site only. The user will not hold Kiss My Code responsible for any damages caused by the user’s customization of the Kiss My Code Easy Site Builder, nor will they expect Kiss My Code to fix problems that arise from any customization or incorrect installation.

Support: Kiss My Code provides online support for all Kiss My Code Easy Site Builder users who have purchased installations, and will address individual use questions as needed. All users may freely use the online help files provided at http://www.kissmycode.com/support-faq if they wish, at no additional charge.

Discontinuation: Kiss My Code reserves the right to discontinue distributing the Kiss My Code Easy Site Builder system, and may refuse or revoke the use of the system to any party for any reason at any time. Kiss My Code is not responsible for contacting users of the system for this discontinuation. The system will not be provided to companies or individuals known to be selling illegal items or services or discriminatory items or services, nor will it be provided to individuals known to be under 18 years of age. The system will not be allowed on any site that sells illegal or discriminatory items or services, nor on any site that sells pornographic (“adult”) items or any items that cannot be viewed by all ages, including children. Kiss My Code Easy Site Builder will also be revoked from any company using inappropriate methods of promotion, such as spamming email addresses.

Adult (Pornographic) Items: Kiss My Code will not provide systems to sites selling any adult items. These items are defined as items that are intended for adults only, or are not suitable for children, and include sales of novelty items displaying genitalia. If a site is found to add such items after purchasing the system, Kiss My Code holds the right to deny the use of a Kiss My Code Easy Site Builder license on the site, and will offer a refund for the system.

Rights to Service: Kiss My Code reserves the right to refuse service, cancel orders or deny user status at its own discretion at any time, including, without limitation, any company or individual who threatens, abuses or harasses Kiss My Code in any way. Kiss My Code further reserves the right to pursue any legal action available against any company or individual whose use violates the state, federal or local law or these Terms of Use.

Data Backup: The user agrees to back up all pages and information added into the Kiss My Code Easy Site Builder system. In no way will Kiss My Code be responsible for the loss or destruction of any parts of the catalog or information entered using the catalog. If a web host loses a Kiss My Code Easy Site Builder, or if a user moves their site to a new web host, and data or files are lost as a result, there will be a charge to reinstall the catalog on a new server, and no guarantee can be made that any of the previous files or database information can be recovered.

Security: No guarantees of security can be made regarding the administration area of the Kiss My Code Easy Site Builder system. All administration areas must be uploaded to a secure server for complete security. The password protection system included with the Kiss My Code Easy Site Builder is no guarantee of security. No private information should be added to an unsecure server that holds the Kiss My Code Easy Site Builder system.