Terms of Service


The Basics

We (the guys behind KickoffLabs) run this simple customer sign up service and would love for you to use it. We offer both free and paid plans that include features such as domain hosting and larger customer lists. Our service is designed to give you as much ownership over what goes on your site and your customer data. We encourage you to promote your business and build a customer list as freely as possible.

However, be responsible in what you publish and how you use the customer data you collect. In particular:

  1. Make sure that none of the prohibited items listed below appear on your site or get linked to from your site (things like spam, viruses, or hate content).
  2. Make sure you respect your customers data and right to online privacy as much as you would have them respect yours. (Respect their no contact settings, don’t spam them, etc.)

If you find a KickoffLabs.com site that you believe violates our terms of service, please send a report to support@kickofflabs.com.

Terms of Service Details

The following terms and conditions govern all use of the KickoffLabs.com website and all content, services and products available at or through the website. The Service is owned and operated by KickoffLabs LLC (“KickoffLabs”). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our privacy policy) and procedures that may be published from time to time on this Site by KickoffLabs (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using our Service. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by KickoffLabs, acceptance is expressly limited to these terms.

Violation of any of the terms below will result in the termination of your Account. While KickoffLabs prohibits such conduct and Content on the Service, you understand and agree that KickoffLabs cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

About Your Account

  1. You must be at least 13 years of age to use this service.
  2. We have a strict “No Robots” policy. You must be a human to use this service and automated account or content creation is not allowed. This policy also applies beyond account creation to the general use of the service. “robot” (or automatic) activity is not allowed. Keep it real people.
  3. In order to access some of the services on this site, you will be required to complete our registration form which requests certain information and data (“Registration Data”), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
  4. You are responsible for maintaining the security of your account and password. KickoffLabs cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  5. If you are using a free account you are not permitted to block the promotional materials.
  6. Don’t break the law. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Site Content & Customer Lists

  1. Any “content” (text, links, images, videos, emails sent to customsers, etc) published to your site or sent through the KickoffLabs product to your customers and site visitors is completely your responsibility. You are entirely responsible for the content of, and any harm resulting from, that Content.
  2. We claim no intellectual property rights over the material you provide to the Service. Your site, content, customer lists, and any materials uploaded remain yours. However, by creating sites to be shared publicly, you agree to allow others to view and share your Content published through our product.
  3. KickoffLabs does not pre-screen Content, but KickoffLabs has the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. KickoffLabs will have no obligation to provide a refund of any amounts previously paid.
  4. We’ll know it when we see it. Content published or sent through our service is not pornographic and does not contain threats or incite violence towards individuals or entities.
  5. Your sites are not named in a manner that misleads your readers into thinking that you are another person or company. For example, your sites URL or name is not the name of a person other than yourself or company other than your own.
  6. By submitting Content to KickoffLabs for inclusion on your Website, you grant KickoffLabs a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your site and business.
  7. You may not copy, borrow, steal, or otherwise reproduce our landing page themes. You do have the rights to use and modify the landing page themes while you are a user of the service in a manor that is consistent with the intended functionality.

Payment Terms

  1. A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
  2. If you sign up for one of the paid accounts that required credit card information, you will be billed monthly starting on the day you signed up and then monthly every 30th day.
  3. If you upgrade from a free to a paid account you will immediately be billed and start your 30 day billing cycles.
  4. The Service is billed in advance on a monthly basis. If you are not satisfied during your first 30 days you may contact support to request a refund. After your first 30 days there will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  5. For any upgrade or downgrade in plan level, the change will be reflected on your credit card for the next billing cycle.
  6. Downgrading your Service may cause the loss of Content, customer lists, or features, of your Account. KickoffLabs does not is not liabile for such loss.

Account Termination and Cancelation

  1. You can cancel your account at any time by clicking on the Manage Account link on your account dashboard.
  2. All of your Content will be immediately deleted from the Service upon cancellation.
  3. If you cancel the Service before the end of your current billing cycle the cancellation will take effect immediately. You will not be charged for the next cycle. You will not be refunded for the remainder of the month for which you’ve already paid.
  4. Termination. KickoffLabs may terminate your account and access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately.

Limitation of Liability.

In no event will KickoffLabs be liable with respect to any subject matter of this 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 or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to KickoffLabs under this agreement during the twelve (12) month period prior to the cause of action. KickoffLabs shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Indemnification.

You agree to indemnify and hold harmless KickoffLabs, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Attribution

 

Portions of this agreement were constructed using the agreement created under the Creative Commons Sharealike license by the great folks at Automatic for WordPress.com