HomeDevhop
Web Design— as a —Service

The All-in-One website design service.

Terms of Service

Last Updated: April 30, 2021

The Gist

“We” or “DevHop'' refers to Devhop, LLC. “You” means any individual or entity using our Services.

The folks at Devhop are on a mission to make the web a better place. We hope you love our services — from the website designs to the management and maintenance of the website itself to the speeds our hosting solutions provide — as much as we love serving them. These Terms of Service describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. If you don’t agree to these Terms, don’t use our services.

Terms of Service

These Terms govern your access to and use of the services (“Services”) we provide through Devhop.net. These Terms also govern your access to and use of any websites that use our Services. Please note though that the operators of those websites may also have their own separate terms of use. Please read these Terms carefully before subscribing to one of our service plans. By accessing a website created or maintained by us, or by using any part of our Services, you agree to be bound by the Terms and all other operating rules, policies, and procedures that we may publish from time to time (“the Agreement”). You also agree that we may automatically change, update, or add on to our Services, and any changes will be governed by the Agreement.

1. Minimum Age Requirements

Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 18. If you use our Services, you represent that you’re at least 18. You may use our Services only if you can legally form a binding contract with us. If you’re under the legal age of majority where you live, you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.

2. Responsibility of Visitors and Users

We do not review any of the content (like text, photo, video, audio, code, computer software, items for sale, and other materials) posted to or made available through our Services by you or anyone else (“Content”). We do not review websites that link to, or are linked from, our Services. We’re not responsible for any Content posted by you or your users, nor are we responsible for third-party websites. Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use. Examples of this policy include but are not limited to:

  • A link to or from one of our Services does not represent or imply that we endorse any third-party website.
  • We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be (i) offensive, indecent, or objectionable, (ii) include technical inaccuracies, typographical mistakes, or other errors, or (iii) violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
  • You are fully responsible for the Content available on your website, and any harm resulting from that Content. It is your responsibility to ensure that your website’s Content abides by applicable laws and by the Agreement.
  • We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
  • Any Content that’s for sale through any of our Services is the seller’s sole responsibility, so you must look solely to the seller for any damages that result from your purchase or use of Content.
  • We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.

3. Fees, Payment, and Renewal

a. Our Fees

Fees for Paid Services. Our Services are offered for a recurring fee according to one of the plans that we offer. You can find a list of our Services here. By using a Service, you agree to pay the specified fees. We’ll bill or charge you in monthly intervals, on a pre-pay basis, until you cancel. You can cancel any time by contacting a member of the team.

Taxes. To the extent permitted by law or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local, or other governmental taxes (“Taxes”). Examples of Taxes include but are not limited to sales, value-added, goods and services, harmonized or other taxes, fees, or charges. You’re responsible for paying all applicable Taxes related to your use of our Services, your payments, or your purchases. If we’re obliged to pay or collect Taxes on your behalf then you shall reimburse us for the amount paid on your behalf and any costs associated with collection.

Payment. If your payment fails or is otherwise delayed (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for Services), or we suspect a payment is fraudulent, we may immediately cancel or revoke your access to Services without notice to you.

Automatic Renewal. To ensure uninterrupted service, recurring Services shall be automatically renewed. If you do not cancel your subscription to a Service before the end of the applicable subscription period it will automatically renew, and you authorize us to use any payment mechanism we have on record for you. If your account is paid via invoice then payment must be received within 15 days of the start of a new subscription period. If we are obliged to collect or pay any Taxes on your behalf then you will be charged at the start of the next subscription period. By default, your Services will be renewed for one month. The date for the automatic renewal is on the first of each month.

Canceling Automatic Renewal. To cancel any Service, contact a member of the team.

Fees and Changes. However unlikely, we may change our fees at any time in accordance with the Agreement or as required under applicable law. This means that we may change our fees going forward, start charging fees for Services that were previously free, or remove or update features or functionality that were previously included in a Service. If you don’t agree with the changes to any of our Services, you must cancel your subscription or pay the new fee for the Service.

Refunds. Some of our Services may have a refund policy. We will also provide refunds as required by law. Unless it is clearly stated in the description of a Service there are no refunds and all payments are final.

b. Fees Collected by Website Owners

Fees Paid to Websites or Website Owners. Website owners can sell items (goods, content, services, etc.), offer subscriptions for their websites at specific price points and intervals, or simply collect payments. We’re not involved in a website’s subscription details or store operations (including the quality, timing, pricing, or legality of any goods or services). If you buy items or subscriptions from a website, you’re making the purchase directly from the website owner, and they’re solely responsible for the items sold. Please contact the website owner if you have any questions or complaints.

Refunds. We’re not responsible for refunding fees paid to a website owner. If you’d like to request a refund, please contact the website owner.

4. Feedback

We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we're free to use them without any restriction or compensation to you.

5. General Representation and Warranty

If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you're accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us. You warrant that your use of the Services are consistent with U.S. sanctions law and that you are not on any list maintained by a U.S. government authority relating to designated, restricted, or prohibited persons.

Our mission is to make the web a better place, and our Services are designed to give you control and ownership over your websites. We encourage you to express yourself freely, subject to a few requirements. In particular, you represent and warrant that your use of our Services:

  • Will be in strict accordance with the Agreement;
  • Will comply with all applicable laws and regulations (examples include but are not limited to: all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
  • Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
  • Will not infringe or misappropriate our intellectual property rights or the intellectual property rights of any third party;
  • Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
  • Will not disclose the personal information of others;
  • Will not be used to send spam or bulk unsolicited messages;
  • Will not interfere with, disrupt, or attack any service or network;
  • Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with: malware, spyware, adware, or other malicious programs or code;
  • Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and
  • Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.

6. Specific Service Terms

HTTPS. We offer free HTTPS on all the websites we build by default, including those using custom domains. By subscribing to the Service and using a custom domain, you authorize us to act on the domain name registrant’s behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on your website.

Attribution. We may display attribution text or links in your website footer or toolbar. For example, we might display text indicating that the website is “powered by Devhop.”

Private Email. We offer you the option to create email mailboxes associated with your domain name. Your use of Email (powered by Namecheap) is subject to Namecheap's policies, including Namecheap's Customer Terms of Service and Privacy Policy in addition to the Agreement. These email services are provided “as is.” We make no warranties or representations related to these services and disclaim any obligations or actions of Namecheap under their policies.

Domain Names. We work with Namecheap to provide domain name services. When you request us to provide a domain to you as part of our Services or transfer an existing domain to our management, the policies of the respective registry apply, and you become bound by the relevant registrar’s terms and conditions. These registrar terms are incorporated by reference into the Agreement. Your domain is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”). You can read about your rights and responsibilities as a domain name registrant under ICANN’s Registrar Accreditation Agreement and about domain name registration generally. When you request a domain through us and our Services, you’re required to provide complete and accurate registration information, and you must keep this information current. In most cases, the contact information you provide as part of the registration process will be used as your administrative and technical contact. You can update your domain contact information at any time by contacting one of our team.

7. Copyright Infringement and DMCA Policy

As stated above, we do not review the Content of anyone who uses our Services nor any Content posted by their users. If any Content violates copyright or other intellectual property law and the owner has a legal right to request its removal, then we will remove the content once we receive proper notice. Direct all DMCA or other takedown requests to lucas@devhop.net.

8. Intellectual Property

The Agreement doesn’t transfer any of our intellectual property or any third-party intellectual property to you, and all rights, title, and interest in and to such property remain solely with us or the third-party owner. ‘Devhop’ and all other trademarks, service marks, graphics, and logos used in connection with our websites or Services are our trademarks or our registered trademarks. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any of our trademarks or any third-party trademarks.

9. Third-Party Services

Your use of our services may include a service, application, or other software provided by a third party (“Third Party Services”). If you use any Third Party Services, you understand that:

  • Third-Party Services aren’t vetted, endorsed, or controlled by us;
  • Any use of a Third-Party Service is at your own risk, and we will not reimburse, monitor, or otherwise supervise your use of Third-Party Services;
  • Your use is solely between you and the respective third party and is governed by the third party’s terms and policies;
  • Some Third-Party Services may request or require access to your data — or to your visitors’ or customers’ data — through things like pixels or cookies. If you use the Third-Party Service or grant them access, the data will be handled in accordance with the Third Party’s privacy policy and practices, which you should carefully review before you use any Third-Party Services. Third-Party Services may not work appropriately with our Services and we may not be able to provide support for issues caused by any Third-Party Services.
  • If you have questions or concerns about how a Third-Party Service operates or need support, contact the third party directly.

We reserve the right to suspend, disable, or remove Third-Party Services from your account or website.

10. Changes

We may update, change, or discontinue any aspect of our Services at any time. Since we’re constantly updating our Services, we sometimes have to change our fees, functionality, or the Agreement. The Agreement may only be modified by a written amendment signed by an authorized member of Devhop, or if we post a revised version. We’ll let you know when there are changes: we’ll post them here, update the “Last Updated” date, and we may also post on one of our blogs or send you an email or other communication before the changes become effective. Your continued use of our Services after any amendment takes effect will be subject to the new Agreement. If you disagree with any changes to the Agreement, you should stop using our Services. To the extent you have an existing subscription, you may be eligible for a refund.

11. Termination

We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) make adjustments to, or restrict the resources your website uses, or terminate your access to the Services, if we believe your website’s storage or bandwidth usage burdens our systems, or (ii) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid. You can cancel our Services at any time, subject to the Fees, Payment, and Renewal section of the Agreement.

12. Disclaimers

Our Services are provided “as is.” We and our suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither we, nor our suppliers and licensors, make any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted.

13. Jurisdiction and Applicable Law.

The Agreement and any access to or use of our Services will be governed by the laws of the State of Delaware, U.S.A., without regard to conflict of law principles. The proper venue for any disputes related to the Agreement and any access to or use of our Services will be the State of Delaware, U.S.A..

14. Arbitration Agreement

Any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in the State of Delaware, in the English language. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.

15. Limitation of Liability

In no event will we, nor our suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to us under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. We shall have no liability for any failure or delay due to matters beyond its reasonable control.

16. Indemnification

You agree to indemnify and hold harmless us and our directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any e-commerce activities conducted through your or another user’s website.

17. Other Legal Obligations

If you need a data processing agreement (DPA) with us for the GDPR requirements that apply to us as a data processor for your website, please contact one of our team.

18. Translation

The Agreement was originally written in English (US). We may translate the Agreement into other languages, and in the event of a conflict between a translated version of the Agreement and the English version, the English version will control.

19. Severability

The Agreement constitutes the entire agreement between us and you concerning our Services. If any part of the Agreement is deemed unlawful, void, or unenforceable, that part is severable from the Agreement and does not affect the validity or enforceability of the rest of the Agreement.

20. Waiver

Any waiver of any term or condition of the Agreement must be in writing and only functions as a one-time waiver. A waiver may only be effectuated with written consent by both parties. We may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.