Home / Terms of Service and Privacy Policy

ScribbDev.com’s basic service of website design is free and included with any of our hosting plans. We also offer paid upgrades for advanced features such as better domain hosting, maintenance, and extra storage. Entering this agreement confirms your understanding of and willingness to pay the necessary hosting costs charged by ScribbDev. If you are asking for any custom features or very specific requests there may be an additional charge, which you will be notified of beforehand. Our service is designed to give you as much control and ownership over what goes on your website as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) appear on your website.

The following terms and conditions (“Terms”) govern all use of the ScribbDev.com website and all content, services, and products available at or through the website (taken together, our “Services”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time by ScribbDev (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by ScribbDev, acceptance is expressly limited to these Terms.

1. User Responsibilities

Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.

It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. ScribbDev is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may utilize the login portal to update your contact information or contact us directly. Providing false contact information of any kind may result in the termination of your account.

You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.

By entering a project with one of our developers you hereby understand that this is a service provided by other humans and takes several hours to complete. You will not ask for any unreasonable expectations (determined by ScribbDev’s sole discretion) and will do your best to cooperate with the designer and provide them with the most information possible to create your ideal website. You acknowledge that after the initial site creation you are allowed one round of major edits free of charge, as well as another round of "minor edits"  such as colors, text edits, and photo switching. Any other requests after this or those that are deemed unreasonable are to be arranged with your designer and paid for in advance.

Prohibited Uses. When using a ScribbDev developed website, you agree not to:

    • Publish material or engage in activity that is illegal under applicable law.
    • Overburden ScribbDev’s systems, as determined by us in our sole discretion.
    • Disclose the sensitive personal information of others.
    • Send spam or bulk unsolicited messages.
    • Interfere with, disrupt, or attack any service or network.
    • Distribute material that is or enables malware, spyware, adware, or other malicious code.
    • Payment, Renewal and Refunds.
    • ScribbDev offers several different levels of service. We offer a free website design when signing up with any level of service. By signing up for a particular level of service, you agree to pay ScribbDev the applicable subscription fees. You authorize us to charge any then-applicable fees to your credit card or other payment method we have on file for your account.
    • By entering this agreement you understand that there are costs of owning a website including but not limited to: hosting, owning a domain name, site security, maintenance, updates, backups and plugins. ScribbDev's plans cover the majority of any costs and services you may deal with, but you also have the liberty to pay for domain name, security and plugins individually if preferred. If you decide to go this route you are required to set up billing and activation yourself unless you request professional setup from ScribbDev. If help is requested there will be a service charge associated as this is not covered in our design process.
    • Billing and Payment Information
      • Prepayment.
      • It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
      • Autorenewal.
      • Unless otherwise provided, you agree that until and unless you notify ScribbDev of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
      • Taxes.
      • Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to ScribbDev's invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
      • Late Payment.
      • All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, ScribbDev may suspend or terminate your account and pursue the collection costs incurred by ScribbDev, including without limitation, any arbitration and legal fees, and reasonable attorneys' fees. ScribbDev will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
      • Websites are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment we do not automatically reactivate the website. Contact ScribbDev directly after you make a late payment to reactivate the website.
      • Domains and Domain Payments.
      • It is solely your responsibility to notify ScribbDev's Billing department after purchasing a domain through ScribbDev. Domain renewal notices are provided as a courtesy reminder and ScribbDev is not responsible for a failure to renew a domain or a failure to notify a customer about a domain's renewal. Domain renewals are billed and renewed thirty (30) days before the renew date. If you have ScribbDev pay for your domain name then we have full ownership over the domain unless you decide to purchase the domain from us at a later date.
      • Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify ScribbDev's Billing department via email to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.
  • Upgrades/Downgrades
      • You are free to upgrade your plan whenever you choose. However if you are with a plan that includes website edits you can only downgrade if you have not used any edits for more than 4 months. Exceptions may be made if you contact our team directly, but this rule is in place to prevent any "plan hoppers" taking advantage of this service.
      • Fraud.
      • It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. ScribbDev may report any such misuse or fraudulent use, as determined in ScribbDev's sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
      • Invoice Disputes.
      • You have thirty (30) days to dispute any charge or payment processed by ScribbDev. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
      • Payment Card Industry Security Standard Disclaimer.
      • ScribbDev complies with the Payment Card Industry Security Standard ("PCI Standard") in connection with the collection and processing of our customer's data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. ScribbDev does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard..
      • Cancellation Process.
      • You may terminate or cancel the Services by giving ScribbDev written notice via an email with a cancellation request. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) ScribbDev may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.Once we receive your cancellation request and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been cancelled.
    • Cancellation. Once you cancel your subscription to ScribbDev, we will queue your backed-up ScribbDev Content for deletion. You are given the right to purchase your website outright from ScribbDev if desired, otherwise all content will be deleted 7 days after the deletion request has been authorized. This process aims to ensure that you are aware that your files, emails, and account will be removed immediately and permanently and give you ample time should you decide to change your mind.
      • Termination
      • ScribbDev may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm ScribbDev or others or cause ScribbDev or others to incur liability, as determined by ScribbDev in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, ScribbDev shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, ScribbDev may charge you for all fees due for the Services for the remaining portion of the then current term.

    All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

      • UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
    • CPU and Disk Usage
      • Permitted CPU and Disk Usage.
      • All use of hosting space provided by ScribbDev is subject to the terms of this Agreement and the Acceptable Use Policy.
        • Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. ScribbDev expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. ScribbDev may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of ScribbDev's terms and conditions.
        • Dedicated hosting usage is limited by the resources allocated to the specific plan that you have purchased.

    2. Responsibility of Visitors.

    ScribbDev has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, ScribbDev does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. ScribbDev disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

    1. Account Security and ScribbDev Systems.
      1. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
      2. The Services, including all related equipment, networks and network devices are provided only for authorized customer use. ScribbDev may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
      3. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. ScribbDev may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
      4. Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by ScribbDev of an issue, we reserve the right to leave access to services disabled.
      5. ScribbDev reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
    2. HIPAA Disclaimer. We are not "HIPAA compliant."
    3. You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. ScribbDev does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act ("HIPAA"). Customers requiring secure storage of "protected health information" as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to "protected health information" is a material violation of this Agreement, and grounds for immediate account termination. We do not sign "Business Associate Agreements" and you agree that ScribbDev is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact info@scribbdev.com.
    4. Compatibility with the Services
      1. You agree to cooperate fully with ScribbDev in connection with ScribbDev's provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, ScribbDev is not responsible for any delays due to your failure to timely perform your obligations.
      2. You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by ScribbDev to provide the Services, which may be changed by ScribbDev from time to time in our sole discretion.
      3. You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. ScribbDev does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
      4. You understand that if you come with your own domain or are doing a revamp of your current website then you are solely responsible for making a backup of content before starting. If you chose to no longer go with ScribbDev’s website solutions then you are responsible for reverting all content back yourself. Alternatively we are able to help if requested, however there will be a service charge for this as it is not covered under our free design services.

    3. Content Posted on Other Websites.

    We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which ScribbDev.com links, and that link to ScribbDev.com. ScribbDev does not have any control over those non-ScribbDev.com websites, and is not responsible for their contents or their use. By linking to a non-ScribbDev.com website, ScribbDev does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. ScribbDev disclaims any responsibility for any harm resulting from your use of non-ScribbDev.com websites and webpages.

    4. Third Party Services.

    You may enable services, products, software (like themes or plugins), or applications developed by a third party or yourself (“Third Party Services”) on your site.

    If you use any Third Party Services, you understand that:

    • Third Party Services are not vetted, endorsed, or controlled by ScribbDev.
    • Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
    • Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
    • Some Third Party Services may request or require access to your (yours, your visitors’, or customers’) data. If you grant access, your data will handled in accordance with the Third Party’s privacy policy and practices. We do not have control over how a Third Party Service may use your data. You should carefully review Third Party Services’ data collection, retention, and use policies and practices before enabling Third Party Services.
    • Third Party Services may not work appropriately with your website, 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, please contact the Third Party directly.

    In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or website.

    1. Third Party Products and Services
      1. Third Party Providers
      2. ScribbDev may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.ScribbDev does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. ScribbDev is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
      3. Third Party Websites

    The Services may contain links to other websites that are not owned or controlled by ScribbDev ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party's terms and policies, including privacy and data gathering practices of any website to which you navigate.

    5. Copyright Infringement and DMCA Policy.

    As ScribbDev asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by ScribbDev.com violates your copyright, you are encouraged to notify ScribbDev. ScribbDev will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. ScribbDev will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of ScribbDev or others. In the case of such termination, ScribbDev will have no obligation to provide a refund of any amounts previously paid to ScribbDev.

    6. Intellectual Property.

    This Agreement does not transfer from ScribbDev to you any ScribbDev or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with ScribbDev. ScribbDev, ScribbDev.com, the ScribbDev.com logo, and all other trademarks, service marks, graphics and logos used in connection with ScribbDev.com or our Services, are trademarks or registered trademarks of ScribbDev or ScribbDev’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any ScribbDev or third-party trademarks.

    The website design and all other elements remain the property of ScribbDev unless explicitly paid for. By paying for hosting you are effectively leasing the website for the duration of your subscription. We give you the right to have full control over the content that goes on your website and to use the website as you wish for the duration of your subscription. If you attempt to transfer the website to a different provider without any prior notice your website will be deleted from our servers immediately. You do have the option to purchase a website from us outright if you wish to keep all content including the design if transferring to a different provider.

    1. User Content
      1. You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, "User Content"). User Content includes any content posted by you or by users of any of your websites hosted through the Services ("User Websites"). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to ScribbDev that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.Solely for purposes of providing the Services, you hereby grant to ScribbDev a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, ScribbDev does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
      2. ScribbDev exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through ScribbDev's computers, network hubs and points of presence or the Internet. ScribbDev does not monitor User Content. However, you acknowledge and agree that ScribbDev may, but is not obligated to, immediately take any corrective action in ScribbDev's sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that ScribbDev shall have no liability due to any corrective action that ScribbDev may take.

    7. Changes.

    We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

    8. Disclaimer of Warranties.

    Our Services are provided “as is.” ScribbDev and its 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. ScribbDev AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. ScribbDev AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

    You understand that you have full unrestricted access to your ScribbDev website and Cpanel. If you choose to go in and modify things without the prior experience necessary ScribbDev is not responsible for any modifications or fixing damages. We do have monthly hosting plans that allow for modifications and edits, but if you are not in a plan that allows this then we do provide fixes and edits for a fee.

    9. Jurisdiction and Applicable Law.

    Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of New York, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Orange County, New York.

    10. Arbitration Agreement.

    Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this 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 Orange County, New York, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.

    11. Limitation of Liability.

    IN NO EVENT WILL SCRIBBDEV ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF SCRIBBDEV IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SCRIBBDEV’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SCRIBBDEV FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT. ScribbDev 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.

    12. General Representation and Warranty.

    You represent and warrant that (i) your use of our Services will be in strict accordance with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

    13. US Economic Sanctions.

    You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and ScribbDev reserves the right to terminate accounts or access of those in the event of a breach of this condition.

    14. Indemnification.

    You agree to indemnify and hold harmless ScribbDev, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.

    1. Independent Contractor

    ScribbDev and User are independent contractors and nothing contained in this Agreement places ScribbDev and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.

          2. Disclaimer

    ScribbDev shall not be responsible for any damages your business may suffer. ScribbDev makes no warranties of any kind, expressed or implied for the Services. ScribbDev disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by ScribbDev or our employees.

          3. Backups and Data Loss

    Your use of the Services is at your sole risk. ScribbDev's backup service runs once a week and overwrites any of our previous backups. Only one week of backups are kept at a time. This service is provided to accounts as a courtesy and may be modified or terminated at any time at ScribbDev's sole discretion. ScribbDev does not maintain backups of dedicated accounts. ScribbDev is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on ScribbDev's servers.

    15. Translation.

    These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

    16. Miscellaneous.

    • The headings herein are for convenience only and are not part of this Agreement.
    • This Agreement constitutes the entire agreement between ScribbDev and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ScribbDev, or by the posting by ScribbDev of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
    • You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; ScribbDev may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.