Terms and Conditions

Last Updated: June 4, 2026

This Agreement (“Agreement” or “Terms”) is entered into by and between The Free Website Guys LLC, a Delaware limited-liability company doing business as The Free Website Guys (“Company,” “we,” “us,” or “our”), located at https://thefreewebsiteguys.com, and you, the individual or entity accessing the website or engaging with our services (“Client,” “you,” or “your”).

These Terms govern your use of our website, any services rendered by the Company (whether complimentary or paid), and any interactions, transactions, or engagements resulting therefrom. By using our website or accepting services from us, you agree to be bound by these Terms.

1. Scope of Services Covered

These Terms apply to all services and products provided by the Company, including but not limited to: complimentary website development, paid services, design work, hosting or theme referrals, other referrals, subscription plans, plugin or theme access, and any related deliverables or support. These Terms govern your use of such services whether they are provided at no cost or purchased directly from the Company.

1.1  Definitions

• Development Hours — pre-paid or complimentary blocks of service time credited to your account.
• Complimentary Services — any service provided at no monetary charge.
• Paid Services — any service purchased for a fee.
• Affiliate Link — a unique URL that credits the Company with a commission.
• Inactive Account — an account for which a scheduled payment fails (status begins immediately upon failure).

2. Complimentary Services and Affiliate Requirements

The Company may, at its sole discretion, offer certain services—such as initial website setup—on a complimentary basis. These services are provided as a courtesy and may be modified, suspended, or revoked at any time.

To receive complimentary services, you may be required to sign up for web hosting through an Affiliate Link provided by the Company. Per FTC guidelines, we disclose that we may earn a commission or other compensation from this link, which helps offset the cost of building your website.

You acknowledge that access to our complimentary services may be conditioned upon the use of said affiliate link. If you cancel, switch, or refund the third-party web-hosting service in a way that results in the Company losing its affiliate compensation, the Company reserves the right to terminate services and revoke access to any associated benefits.

3. Ownership of Deliverables and Intellectual Property

All intellectual property and assets specifically created for your use under this Agreement—including but not limited to website files, custom graphics, layouts, code snippets, and content—shall be your exclusive property upon completion of services, provided all conditions of this Agreement have been met.

The Company retains all rights, title, and interest in and to any proprietary tools, templates, documents, systems, processes, or reusable components that were not specifically created for your project. These may not be copied, distributed, or reused without prior written consent from the Company.

You further agree not to replicate, reverse-engineer, reproduce, or otherwise attempt to copy or emulate the Company’s business model, offerings, or branding in any way that would constitute confusion, trademark infringement, or unfair competition. You acknowledge that the Company reserves the right to pursue legal action for any such violation, including injunctive relief and monetary damages.

3A.  Plan Types and Billing

Product Types

The Company offers services under the following purchase models, as identified at the point of sale:

• One-Off Hour Packages — a single, non-recurring purchase of a fixed block of Development Hours. A One-Off Hour Package is charged once at the time of purchase and does not automatically renew.
• Maintenance Plans — ongoing service plans billed on a recurring basis (monthly or annually, as selected at purchase) that continue and renew automatically until cancelled.
• Website Packages — service or subscription packages billed on a recurring basis (monthly or annually, as selected at purchase) that continue and renew automatically until cancelled, unless the specific package is expressly identified as a one-time purchase at the point of sale.

The price, billing frequency, and included deliverables for each product are those presented to you at the point of sale and, where applicable, confirmed in your account or order confirmation. In the event of a conflict between a point-of-sale disclosure and these Terms as to price or billing frequency, the point-of-sale disclosure controls for that purchase.

Expiration of One-Off Development Hours

Development Hours purchased through a One-Off Hour Package expire twelve (12) months after the date of purchase. Any such hours that remain unused at the end of that twelve-month period are forfeited and are not refundable, transferable, or eligible for rollover. Development Hours included as part of a recurring Maintenance Plan or Website Package are governed by the terms of that plan and do not roll over between billing cycles unless expressly stated otherwise at the point of sale.

Automatic Renewal Disclosure

Maintenance Plans and recurring Website Packages automatically renew at the end of each billing cycle (monthly or annually, as selected) and the Company will charge the payment method on file the then-current fee for the next cycle, plus any applicable taxes or fees, until the plan is cancelled in accordance with the Cancellation provisions. The recurring nature of the charge, the renewal frequency, and the renewal amount are disclosed to you before purchase, and your acceptance at the point of sale constitutes your authorization for these recurring charges.

Cancellation of Recurring Plans

You may cancel a Maintenance Plan or recurring Website Package at any time, prior to your next billing date, by either: (a) using the self-service management portal at https://thefreewebsiteguys.com/manageservices, which is accessible from the billing communications you receive; or (b) emailing hello@thefreewebsiteguys.com. Cancellation stops future renewals; it does not entitle you to a refund of amounts already charged for the current or prior cycles, except as required by law or as otherwise stated in these Terms. To avoid being charged for the next cycle, your cancellation request must be submitted before the applicable renewal date.

4. Data and Information Security

You acknowledge and agree that you are solely responsible for the protection, security, and integrity of all information associated with your accounts and systems, including but not limited to: login credentials, hosting access, website content, emails, analytics data, user accounts, personal data, financial records, and customer information.

The Company implements commercially reasonable safeguards but makes no guarantee against unauthorized access, data loss, breaches, or cyberattacks. You accept full responsibility for implementing your own security protocols and ensuring your own data backups.

The Company shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from:

• Security breaches or hacking
• Unauthorized access to your website or hosting
• Data leaks or data corruption
• Malware, phishing, or system intrusions
• Failures or vulnerabilities of third-party platforms (e.g., web hosting, WordPress, plugins)

You agree to hold the Company harmless from any losses related to data breaches or unauthorized access, whether caused by third parties, system vulnerabilities, or your own actions or inactions.

4A.  Service Impact Disclaimer

You acknowledge and agree that the website-development process—whether complimentary or paid—may involve domain updates, DNS changes, plugin configurations, hosting migrations, or other actions that could result in temporary service disruption. This includes but is not limited to:

• Website outages
• Broken links
• Email-delivery failures
• Domain-propagation delays
• Missing website content during or after migration

The Company shall not be liable for any business losses, missed sales opportunities, reputational harm, or client dissatisfaction resulting from such outages or delays. You are responsible for informing your team, partners, or stakeholders of possible downtime and for maintaining backup and contingency systems as needed.

5. Limitation of Liability

To the maximum extent permitted by law, in no event shall The Free Website Guys LLC, its directors, officers, employees, contractors, agents, subsidiaries, affiliates, or licensors be liable to you or any third party for any indirect, incidental, consequential, punitive, exemplary, or special damages whatsoever, including but not limited to:

• loss of revenue,
• loss of profits,
• loss of goodwill,
• loss of data,
• business interruption,
• service downtime,
• failed advertising or marketing outcomes,
• loss of business opportunities, or
• personal or reputational damages,

whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any services or products provided by the Company.

The Company shall not be liable for any failure or delay caused by third-party vendors or platforms, including but not limited to: hosting providers, email clients, DNS registrars, plugin or theme developers, or content delivery networks (CDNs).

The Company shall not be held liable for failures resulting from:

• changes in internet availability, web standards, or platform APIs,
• force majeure events (see Section 14),
• misuse of services by Client or third parties, or
• compliance with legal requests, DMCA takedown notices, or government action.

This limitation applies even if the Company was advised of the possibility of such damages, or if the Company’s remedy fails of its essential purpose. Client must maintain independent backups; the Company is not responsible for data loss.

No service-level agreement (SLA) or uptime guarantee is provided unless expressly agreed in writing.

In all cases, and to the maximum extent permitted by applicable law, the Company’s total cumulative liability for any and all claims related to this Agreement, whether in contract, tort, or any other theory of liability, shall not exceed the greater of (a) two hundred fifty U.S. dollars ($250 USD), or (b) the total fees actually paid by the Client to the Company for the services giving rise to the claim during the twelve (12) months immediately preceding the event that gave rise to the claim. Some jurisdictions do not allow certain limitations of liability; in such cases, the foregoing limitations apply only to the extent permitted by law.

6. Use of Client Work in Marketing and Portfolio

You grant the Company a non-exclusive, royalty-free, irrevocable, perpetual license to use your business name, website screenshots, testimonials, and general project details in the Company’s portfolio, marketing materials, advertising, or public communications. If you prefer not to be featured, you may request removal by writing to legal@thefreewebsiteguys.com. The Company will honor such request within thirty (30) days. This license survives termination unless explicitly revoked.

7. Confidentiality and Non-Disclosure

During the course of this Agreement, you may receive or gain access to non-public, proprietary, or confidential information relating to the Company’s business, operations, systems, or clients (“Confidential Information”). Confidential Information includes but is not limited to:

• internal SOPs, scripts, processes, and training materials,
• pricing structures and affiliate relationships,
• templates, automation workflows, and tools,
• third-party service arrangements,
• names and data of clients, prospects, or leads,
• trade secrets, strategic plans, unpublished URLs or campaigns,
• and any other non-public business or technical information disclosed by the Company in any form (oral, written, visual, digital).

You agree:

• Not to disclose, reproduce, distribute, or use Confidential Information for any purpose other than as necessary to engage with the Company’s services;
• To protect such information using a reasonable standard of care at least equivalent to how you protect your own confidential data;
• To notify the Company immediately upon discovery of any unauthorized use or disclosure.

This obligation will survive termination of this Agreement and will remain in effect indefinitely. You acknowledge that any unauthorized disclosure or use of Confidential Information will cause irreparable harm to the Company for which monetary damages may be inadequate, and the Company shall be entitled to seek injunctive relief in any court of competent jurisdiction in addition to any legal remedies available.

7A.  Protection of Client Information

The Company recognizes that Clients may share sensitive business information — including but not limited to business strategies, unreleased products or services, pricing structures, customer data, branding concepts, and proprietary content — in the course of receiving services (“Client Information”).

The Company agrees to:

• Use Client Information solely for the purpose of delivering the agreed services;
• Not voluntarily disclose Client Information to unaffiliated third parties for commercial gain;
• Limit access to Client Information to personnel directly involved in the Client’s project, each of whom is subject to confidentiality obligations consistent with this Agreement; and
• Not sell, rent, or trade Client Information or personal data to third parties for marketing or commercial purposes.

For clarity, Client Information does not include the completed website or any publicly accessible web content produced under this Agreement. The finished website and related public-facing deliverables may be featured in the Company’s portfolio, marketing materials, case studies, or public communications in accordance with Section 6. Clients who prefer their completed website not be featured may request this in writing by emailing legal@thefreewebsiteguys.com, and the Company will honor such requests within thirty (30) days. Only non-public business details shared during the development process are subject to this clause.

8. Disclaimer of Warranties

The services, deliverables, software, plugins, themes, and information provided by the Company are offered “as is” and “as available” with no representations or warranties of any kind, express or implied.

The Company expressly disclaims any warranties of:

• merchantability,
• fitness for a particular purpose,
• title or non-infringement,
• quiet enjoyment (i.e., uninterrupted use),
• compatibility with third-party platforms or tools, and
• uninterrupted, timely, or error-free performance.

The Company does not guarantee or warrant:

• That your website, applications, integrations, or related services will remain continuously accessible, operational, or online without interruption, outages, or performance degradation;
• That third-party plugins, themes, tools, or scripts—including those installed by the Company or provided via agency licenses—will remain compatible with your hosting provider, content-management system (e.g., WordPress), or other systems over time;
• That any configurations or changes involving DNS settings, domain registrars, SSL certificates, hosting accounts, email routing, or related infrastructure will be free from errors, downtime, misconfiguration, or propagation delays;
• That you will achieve any particular business or marketing result, including but not limited to increased traffic, leads, conversions, sales, revenue, rankings, email deliverability, or client acquisition as a result of using the services;
• That any deliverables (including websites, templates, plugins, or design assets) will remain fully compatible with all future versions of browsers, devices, operating systems, APIs, third-party integrations, or platform updates; or
• That the services will meet your expectations, business objectives, technical requirements, or intended use in any specific or guaranteed manner.

Client is solely responsible for ensuring the website complies with any accessibility or ADA/WCAG obligations that may apply to its business.

Client acknowledges that the success and functionality of your site may depend on decisions, tools, and platforms outside of the Company’s control, and that no outcome or uptime guarantee is offered.

9. Indemnification

You agree to indemnify, defend, and hold harmless The Free Website Guys LLC, along with its officers, employees, contractors, affiliates, and agents (collectively, the “Indemnified Parties”), from and against any losses, liabilities, claims, demands, damages, or expenses (including reasonable legal fees) arising out of or related to:

(a) Your violation of this Agreement;

(b) Your misuse, negligence, or unauthorized use of the services or deliverables;

(c) Any content, media, or materials you provide or request us to use, including alleged violations of third-party rights;

(d) Your noncompliance with any applicable law, regulation, or industry guideline;

(e) Disputes between you and your own clients, users, or vendors involving the services we provided;

(f) Claims that your use of the website or services caused harm or confusion to third parties;

(g) Technical changes (e.g., to DNS or email) made at your request that result in downtime or service interruption; and

(h) Any instructions or materials you provide that result in liability or damage.

If a claim arises, we reserve the right to manage the defense and require your cooperation. This indemnity will survive the end of this Agreement.

9A.  Scope of Services and Project Scope

The specific services, deliverables, and scope for any engagement (the “Project Scope”) are those described in the applicable proposal, order, onboarding form, or written communication agreed between the parties. Complimentary website setup includes only the work expressly described at the point of engagement and does not include ongoing maintenance, content creation, marketing, custom development, or other work unless separately agreed in writing.

Any work requested by the Client that falls outside the agreed Project Scope (“Out-of-Scope Work”) is not included and may, at the Company’s discretion, require an additional purchase of Development Hours or a separate agreement before it is performed. The Company is not obligated to perform Out-of-Scope Work, and any timelines provided are estimates that may be affected by Out-of-Scope requests.

Any timelines, launch dates, or turnaround estimates the Company provides are good-faith estimates only and are not guarantees. Project timelines depend on the Client’s timely provision of content, feedback, and approvals as described in Section 12, and the Company is not responsible for delays caused by the Client’s failure to respond or supply materials.

9B.  Revisions and Change Requests

Unless otherwise specified at the point of engagement, each deliverable may include a reasonable number of revision rounds, as determined by the Company. A “round” consists of a consolidated set of requested changes communicated to the Company at one time. Revisions must relate to the originally agreed Project Scope; requests that introduce new features, pages, functionality, or design directions constitute Out-of-Scope Work under Section 9A.

The Company may decline or defer revision requests at its sole discretion. 

9C.  Project Completion and Acceptance

Upon delivery of a deliverable or completion of the agreed Project Scope, the Client shall review it and either accept it or provide a consolidated set of revision requests (consistent with Section 9B) within 7 days. If the Client does not provide revision requests or notify the Company of a good-faith deficiency within that period, the deliverable is deemed accepted.

A deliverable is also deemed accepted upon the Client’s use of it in a live or production environment, the Client agreeing to “lock in” the design, or upon the Client’s express written approval. Acceptance does not waive any non-waivable rights the Client may have under applicable law. Following acceptance, further changes constitute Out-of-Scope Work.

9D.  Client Content and License to the Company

The Client retains ownership of all logos, images, text, trademarks, data, and other materials the Client provides to the Company (“Client Content”). The Client grants the Company a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, and incorporate the Client Content solely as necessary to perform the services and produce the agreed deliverables for the duration of the engagement.

The Client represents and warrants that it owns or has all necessary rights, licenses, and permissions to the Client Content and to grant the foregoing license, and that the Company’s use of the Client Content as directed by the Client will not infringe or violate the rights of any third party. This Section is in addition to the Client’s obligations and warranties under Section 12 and the indemnification obligations under Section 9.

9E.  Third-Party and Open-Source Components

Deliverables may incorporate or rely on third-party or open-source software, themes, plugins, frameworks, fonts, libraries, and services (“Third-Party Components”), including but not limited to WordPress and associated plugins and themes. The Client’s use of any Third-Party Component is governed by that component’s own license or terms of use, and the Client agrees to comply with them. Where a Third-Party Component is provided through the Company’s agency license, Section 11 governs that access.

The Company does not own, and grants no rights in, Third-Party Components beyond passing through whatever rights the applicable third-party license permits. The Company makes no warranty regarding Third-Party Components and is not responsible for their performance, security, availability, licensing changes, or discontinuation, consistent with the disclaimers in Sections 5 and 8.

10. Subscription Services, Billing, Cancellations, Acceptance and Chargebacks

Billing

Subscription fees recur on the same numeric day of the applicable billing cycle (monthly or annually). If that date does not exist or is otherwise unavailable in a given month or year (e.g., February 29th or the 29th-31st in shorter months), the charge will be processed on the next available business day, but no later than forty-eight (48) hours after the original billing date. By providing a payment method, you authorize the Company to charge all fees and any applicable taxes or foreign-exchange fees automatically.

Cancellations

You may cancel your subscription using the self-service management portal at https://thefreewebsiteguys.com/manageservices or by emailing hello@thefreewebsiteguys.com prior to your next billing date.

Cancellations made during any introductory offer, including but not limited to $1 trials or free trials, will result in the forfeiture of any included development hours and any related services already provided or remaining under that offer.

No refunds will be issued for unused time, hours, or early termination.

We may decide to discontinue offering services at any time at our full discretion. In such an event, we may choose to either refund you the remaining time on your service on a prorated basis, or continue providing services until the end of the billing cycle.

Refund and Sales Policy

All sales, subscriptions, and service fees are final. No refunds will be provided except as required by applicable law.

Account Status and Inactivity

An account will be deemed inactive if a scheduled payment fails. The Company will make reasonable and diligent efforts to contact the Client using the contact information on file. Once the account is classified as inactive, the Client agrees that any accrued development hours will be forfeited.

If the Client does not update their payment information and resolve the outstanding balance within 24 hours of being notified, the Company reserves the right to suspend all services and revoke access to any associated tools, plugins, or premium theme licenses without further notice.

Acceptance of Charges

The Client agrees to review each charge promptly and to notify the Company in writing at legal@thefreewebsiteguys.com of any suspected billing error or dispute as soon as reasonably possible, and ordinarily within thirty (30) days of the charge. Prompt notice helps the Company investigate and resolve issues quickly. Nothing in this Agreement limits, waives, or shortens any billing-dispute, refund, or chargeback rights you may have under applicable law or your card network’s rules; this clause sets out the Company’s preferred resolution process and does not replace those rights.

Chargebacks

Before initiating any payment dispute or chargeback with your payment provider, you agree to contact the Company in good faith so the parties can attempt to resolve the matter directly. This good-faith-contact expectation does not waive any chargeback right you hold under law or card-network rules. Where a chargeback is pursued in bad faith or in breach of a good-faith resolution already reached, the Company reserves the right to terminate services, revoke access to deliverables and tools, and pursue recovery of amounts genuinely owed, in each case to the extent permitted by law.

Price Changes

We may adjust subscription pricing with at least thirty (30) days’ email notice. Continued use of the services after the effective date constitutes acceptance of the new pricing.

10A. Earned Fees and Deposits

Fees for project-based and Paid Services are earned by the Company as work is performed, regardless of whether the engagement is later completed, cancelled, or terminated. Any deposit or upfront fee is non-refundable once work on the engagement has begun, except as required by applicable law or as expressly stated otherwise in these Terms. Where the Company has performed work for which it has not been fully paid, the Client remains liable for the value of the work performed up to the date of cancellation or termination. This Section applies in addition to the Refund and Sales Policy in Section 10 and does not limit any non-waivable rights the Client may have under applicable law.

10B. Suspension of Services

In addition to its termination rights under Section 19, the Company may suspend or pause some or all services—without terminating this Agreement—where a scheduled payment fails, an account becomes Inactive, an outstanding balance remains unpaid, or the Client is in breach of these Terms. During a suspension, the Company may pause performance, deadlines, and any associated service periods, and the Client’s payment obligations continue to accrue. The Company may restore services upon resolution of the issue giving rise to the suspension, in its sole discretion. Suspension is not a waiver of any other remedy available to the Company, including termination.

10C. Late Payments, Interest, and Collection Costs

Amounts not paid when due may accrue interest at the rate of one and one-half percent (1.5%) per month, or the maximum rate permitted by applicable law, whichever is lower, calculated from the original due date until paid in full. The Client is responsible for all reasonable costs the Company incurs in collecting overdue amounts, including collection-agency fees, court costs, and reasonable attorneys’ fees, to the extent permitted by applicable law. The Company may apply payments received to the oldest outstanding balance first. Nothing in this Section obligates the Company to extend credit or to continue services while amounts remain overdue.

10D. Client Cooperation and Project Abandonment

Timely completion of services depends on the Client’s cooperation, including providing content, feedback, approvals, and access when reasonably requested. If the Client fails to respond to the Company’s reasonable requests, or fails to provide materials needed to continue an engagement, for a continuous period of thirty (30) days, the Company may, at its discretion, deem the engagement abandoned. Upon abandonment, the Company may close out the engagement, retain all fees earned and any non-refundable deposits in accordance with Section 10A, release any reserved capacity, and treat the matter as a termination under Section 19. The Company will make reasonable efforts to notify the Client before deeming an engagement abandoned. Resuming an abandoned engagement may, at the Company’s discretion, require a new agreement or additional fees.

11. Access to Premium Themes and Plugins

License Access via Agency

The Company may, at its discretion, grant access to certain premium tools, themes, and plugins through its agency licenses. Access is granted only while:

• Your account remains active and in good standing, and
• The Company maintains a valid agency license with the applicable provider.

You do not receive a standalone license or ownership to any third-party theme or plugin.

Service Disruption and Discontinuation

If a third-party provider discontinues its agency license program, changes its terms, or if the Company otherwise loses access, plugin or theme access will be discontinued. The Company will make reasonable efforts to offer a comparable alternative.

12. Accuracy of Information and Client Responsibilities

You agree to provide accurate, complete, and up-to-date information during onboarding and throughout the term of this Agreement. This includes but is not limited to:

• account registration details,
• contact information,
• billing details,
• content submissions (e.g., logos, images, copy), and
• login credentials for third-party services (if applicable).

You represent and warrant that:

• All information provided is true and lawful;
• You have the legal authority to use and share all content and data submitted to the Company;
• You are not acting under a false identity or on behalf of another entity without consent.
• All content used on your website is lawful and does not infringe third-party rights.

You acknowledge that:

• The quality and timeliness of the Company’s services depend on your cooperation and provision of accurate and complete data;
• Delays or errors caused by your failure to respond, submit materials, or provide accurate information may impact project timelines or outcomes.

The Company reserves the right to suspend or terminate services without refund if it reasonably determines that you have provided false, misleading, incomplete, or fraudulent information, or have failed to cooperate in a reasonable and timely manner.

13. Prohibited Uses

In addition to other prohibitions set forth in this Agreement, you agree not to use the Company’s website, services, or deliverables:

(a) for any unlawful purpose;

(b) to solicit or promote illegal activity or conduct that would violate any local, state, national, or international law or regulation;

(c) to violate or infringe upon the intellectual property or other proprietary rights of the Company or any third party;

(d) to impersonate another person or entity, misrepresent your identity, or falsely associate yourself with any business;

(e) to harass, abuse, threaten, defame, insult, or intimidate any person or business, including the Company’s staff, partners, or clients;

(f) to submit or distribute false, misleading, or fraudulent information;

(g) to upload or transmit any viruses, malware, worms, or harmful code;

(h) to mine data, scrape content, spider, crawl, or use automated tools to extract information from the Company’s website or client systems without explicit written permission;

(i) to reverse-engineer, duplicate, or emulate the Company’s software, workflows, pricing model, or internal tools;

(j) to circumvent any security feature, access control, or usage restriction of the Company’s systems or services; or

(k) to attempt to gain unauthorized access to any account, server, or database connected to the Company’s infrastructure.

The Company reserves the right to investigate and prosecute any violations of this section to the fullest extent of the law. Violations may result in immediate suspension or termination of services, deletion of accounts, and referral to law enforcement, without refund or liability.

14. Force Majeure

The Company shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to: natural disasters, pandemics, war, terrorism, civil unrest, cyber-attacks, third-party platform failures, utility or internet outages, governmental actions, labor shortages, or other acts of God.

15. Severability

If any part of this Agreement is determined to be unlawful, void, or unenforceable, that provision shall be severed from the Agreement without affecting the validity and enforceability of the remaining provisions.

16. Modifications and Assignment

Modifications

The Company may modify or update these Terms at any time by updating the version published at https://thefreewebsiteguys.com/terms-conditions. For material changes, we may also notify you by email or a prominent site notice. Your continued use of our services after such updates constitutes your binding acceptance of the modified Terms.

Assignment

The Company may assign this Agreement, in its entirety, at its sole discretion, to any other entity, including but not limited to successors, acquirers, or affiliates, without your prior consent. You may not assign this Agreement or any rights hereunder without the prior written consent of the Company.

17. Governing Law and Jurisdiction

This Agreement shall be governed by the laws of the State of Delaware, without reference to its conflicts of law principles. You consent to the exclusive jurisdiction and venue of the state and federal courts located in Kent County, Delaware for any disputes arising out of or relating to this Agreement. You agree that any claim or cause of action arising from this Agreement must be brought within one (1) year from the date on which such claim arose, or it shall be permanently barred.

Language. These Terms are drafted in English, which shall be the controlling language for all purposes.

Groundless-Claim Attorneys’ Fees. If the Client initiates any claim, action, or proceeding (including actions filed in small-claims court) arising under or related to this Agreement that is dismissed—whether on a motion to dismiss, motion for summary judgment, or comparable procedural ruling—as frivolous, groundless, or brought in bad faith, the Client shall reimburse the Company for all reasonable attorneys’ fees and court costs incurred in defending such claim.

18. Electronic Signature and Acceptance

This Agreement may be executed and accepted electronically. By clicking “I agree” (or a similar affirmation), creating an account, submitting an application, or otherwise engaging with our services after being presented with these Terms, you affirmatively accept these Terms, and your electronic consent shall have the same force and effect as a signed, physical agreement.

The Company maintains a record of acceptance, which may include the date and time of acceptance, the version of the Terms presented, and associated account or transaction identifiers. This record constitutes evidence of your assent. Where these Terms are updated, the version in effect at the time of your acceptance or continued use governs the relevant engagement.

This Agreement is compliant with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), the Uniform Electronic Transactions Act (UETA), and all applicable laws governing digital contracts.

19. Termination

19.1  Termination by Client

The Client may terminate this Agreement at any time for any reason by providing written notice to legal@thefreewebsiteguys.com. Termination is effective on the date the Company confirms receipt of the notice, or on a later date specified in the notice and accepted by the Company.

19.2  Termination, Suspension, or Refusal of Service by the Company

The Company reserves the right, in its sole discretion and at any time, to do any of the following, with or without prior notice:

• suspend, restrict, or disable any portion of the services;
• terminate this Agreement in its entirety; or
• refuse any current or future service request.

Without limiting the foregoing general right, the Company may immediately terminate or suspend services if:

• You breach any provision of these Terms;
• You initiate, or threaten to initiate, a chargeback or payment dispute in bad faith;
• You engage in abusive, harassing, fraudulent, defamatory, or otherwise unethical conduct toward the Company, its staff, or its partners;
• You provide false, misleading, or incomplete information at any time;
• You violate any applicable law or regulation, or attempt to exploit the Company’s services for unlawful purposes; or
• Your account remains Inactive (as defined in §1.1) and unpaid beyond the twenty-four (24)-hour grace period described in §10.

19.3  Effect of Termination

Upon any suspension or termination (whether by Client or Company):

• Immediate Cessation. All access to Company services, accounts, premium tools, themes, and plugin licenses ceases immediately.
• Forfeiture of Credits. Any unused Development Hours, service credits, discounts, or promotional entitlements are automatically forfeited and will not roll over or be refunded.
• No Data-Retention Obligation. The Company has no obligation to retain, migrate, or archive any websites, files, or data. Working project files and backups may be purged thirty (30) days after termination.
• Outstanding Balances. The Client remains liable for all fees, costs, or damages accrued up to the date of termination, plus any collection costs as outlined in §10.
• No Refunds. All payments made prior to termination remain non-refundable.
• Survival. Sections expressly stated to survive (see §20) shall remain in full force and effect.

20. Survival

The following provisions shall survive termination of this Agreement: Section 2 (Affiliate Compensation), Section 3 (Intellectual Property), Section 3A (Plan Types and Billing), Section 4 (Data Security), Section 4A (Service Impact Disclaimer), Section 5 (Limitation of Liability), Section 6 (Marketing Use License), Section 7 (Confidentiality), Section 8 (Disclaimer of Warranties), Section 9 (Indemnification), Sections 9A–9E (Scope, Revisions, Acceptance, Client Content, Third-Party Components), Section 10 (Billing, Refunds, Chargebacks), Section 11 (Plugin Access), Section 13 (Prohibited Uses), Section 16 (Modifications and Assignment), Section 17 (Governing Law & Statute of Limitations), Section 21 (Entire Agreement & No Reliance), Section 22 (Non-Solicitation), Section 23 (Export & Sanctions Compliance), Section 24 (Independent Contractor), Section 25 (No SLA Guarantee), Section 26 (Affiliate Disclosure), Section 27 (Customer Reviews), Section 28 (Arbitration), Section 29 (Notice and Cure), Section 30 (DMCA), and Section 31 (Privacy & Data Protection).

21. Entire Agreement & No Reliance

This Agreement—including our Privacy Policy—constitutes the entire understanding between the parties and supersedes all prior proposals, discussions, or representations, whether written or oral. The Client acknowledges that they are not relying on any statement or promise not expressly contained herein.

22. Non-Solicitation

During the term of this Agreement and for twelve (12) months thereafter, the Client shall not solicit or hire any employee, contractor, or subcontractor of the Company without the Company’s prior written consent.

23. Export & Sanctions Compliance

The Client represents that they are not located in a country subject to U.S. embargo or on any U.S. government sanctions list and will not use the services in violation of export-control laws.

24. Independent Contractor

Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, or employment relationship. The Company is and shall remain an independent contractor.

25. No Service-Level Guarantee

Unless expressly agreed in a separate, signed document, the Company provides no service-level agreement (SLA) or uptime guarantee.

26. Affiliate Disclosure

The Company may earn commissions from purchases made through affiliate links on this site; such links will never increase your cost.

27. Customer Reviews

Nothing in these Terms restricts your right to publish truthful, good-faith reviews or honest opinions about the Company or its services, and any provision that would do so is void. You agree, however, not to publish statements about the Company that you know to be false, that are made with reckless disregard for the truth, or that are otherwise unlawful (for example, defamatory statements or disclosures of the Company’s Confidential Information). This Section is intended to comply with the Consumer Review Fairness Act and applicable law and shall be construed accordingly.

28. Binding Arbitration & Class-Action Waiver

Agreement to Arbitrate

Except as set out below, any dispute, claim, or controversy arising out of or relating to these Terms or the services—whether based in contract, tort, statute, or otherwise—shall be resolved exclusively by final and binding individual arbitration, rather than in court. This includes disputes over the validity, scope, or enforceability of this arbitration agreement.

Arbitration Procedure

The arbitration shall be administered by a recognized arbitration provider (e.g., the American Arbitration Association) under its consumer arbitration rules then in effect. The arbitration shall be conducted in the English language and, unless the parties agree otherwise, by document submission or remote hearing. Judgment on the award may be entered in any court of competent jurisdiction.

Class-Action and Jury Waiver

To the fullest extent permitted by law, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any form of representative or class proceeding. The parties waive any right to a trial by jury.

Exceptions

Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or equitable relief in court to protect intellectual property or confidential information, as referenced elsewhere in these Terms.

Opt-Out Right

You may opt out of this arbitration agreement by emailing legal@thefreewebsiteguys.com within thirty (30) days of first accepting these Terms, stating your name and intent to opt out. Opting out does not affect any other provision of these Terms.

Severability of This Section

If the class-action waiver is found unenforceable as to a particular claim, that claim shall proceed in court, but the remainder of this arbitration agreement shall remain in effect for all other claims.

29. Notice and Opportunity to Cure

Before bringing any formal claim arising out of or relating to these Terms, the initiating party shall first provide written notice to the other party describing the claim and the relief sought, sent to legal@thefreewebsiteguys.com (for claims against the Company) or to the Client’s primary email on file (for claims against the Client). The parties shall then attempt in good faith to resolve the matter for a period of thirty (30) days from the date of notice. This Section does not apply where a party seeks emergency injunctive or equitable relief, and does not extend or shorten any deadline imposed by law.

30. DMCA Notice & Designated Agent

The Company respects intellectual-property rights and responds to notices of alleged copyright infringement under the Digital Millennium Copyright Act (DMCA). If you believe content hosted or made available by the Company infringes your copyright, send a written notice containing the elements required by 17 U.S.C. § 512(c)(3) to the Company’s designated agent:

Sven Nilsen, The Free Website Guys LLC, 8 The Green, Ste A, Dover, DE 19901, USA — legal@thefreewebsiteguys.com.

The Company may remove or disable access to allegedly infringing material and may terminate, in appropriate circumstances, the accounts of repeat infringers.

31. Privacy & Data-Protection Compliance

The Company’s collection and use of personal information is described in its Privacy Policy, which is incorporated into these Terms by reference. To the extent the Company processes personal data on the Client’s behalf, each party shall comply with applicable data-protection laws, which may include the California Consumer Privacy Act (as amended) and, where applicable, the EU/UK General Data Protection Regulation. Where required, the parties shall enter into a separate data-processing addendum governing such processing. The Client is responsible for providing any notices to, and obtaining any consents from, its own customers and end users as required by law.

32. Contact Information

The Free Website Guys LLC

Email: legal@thefreewebsiteguys.com

Mail: 8 The Green, Ste A, Dover, DE, 19901, USA

The Company will deliver any legal or billing notices to the primary e-mail address you provide during onboarding, and such notices will be deemed received when sent.