Terms and Conditions

The short version

1. Who I am and how these Terms work

1.1 Who I am. iBuildFreeWebsites and iBuildFreeWebsites.com are business names of Hawkins Holdings LLC, a Florida limited liability company. In these Terms, "I," "me" and "my" mean Hawkins Holdings LLC. Miller Hawkins ("Miller") runs the company and does the work, so whenever these Terms say "I," it's Miller speaking for the company.

1.2 Who "you" are. "You" means the person or organization using my website or my services. If you're agreeing to these Terms for a business, nonprofit, church or other organization, you confirm that you're allowed to agree for it, and "you" means that organization. If you're a sole proprietor, "you" means you.

1.3 How you agree to these Terms. You agree to these Terms when you do any of the following: join my waitlist; submit my intake form and check the box agreeing to these Terms; sign up for hosting or an add-on; pay a quote, invoice or payment link from me; send me an edit request; or use my website. If you don't agree, please don't use my website or my services. Checking a box that says you agree, clicking a button that says you agree, or paying me counts as your electronic signature on these Terms.

1.4 Other documents that are part of our agreement. Along with these Terms, our agreement includes my Privacy Policy, my Cookie Policy, and the terms shown on any sign-up or checkout page you agree to (like the automatic renewal terms on my hosting sign-up page). Quotes and invoices I send you are also part of our agreement for the work they describe. If a retainer agreement we've both signed, or a quote that specifically says it changes these Terms, conflicts with these Terms on a particular point, that document controls on that point. Otherwise, these Terms control.

1.5 Headings and plain-English notes. Headings and "The short version" above are only there to help you find your way around. Plain-English notes inside a section explain that section, and they're part of these Terms.

1.6 Versions. I keep a record of which version of these Terms you agreed to and when, and I keep past versions, which you can ask me for anytime.

2. Definitions

These words have the following meanings wherever they're capitalized in these Terms:

• "Add-on" means an optional paid service listed in section 15.
• "Business Day" means Monday through Friday, not counting US federal holidays.
• "Client Content" means anything you, or anyone acting for you, gives me or asks me to put on your Website. That includes intake answers, text, photos, logos, videos, prices, hours, menus, licenses, reviews, testimonials, claims, links and anything embedded from a Third-Party Service.
• "Delivery" means the day I send you my "Your website is done" email with a link to download your Website Files (or the day I send your files under section 8.8).
• "Domain" means your web address, like yourbusiness.com.
• "Free Build" means the design, coding and writing of your Website at no charge, as described in section 6.
• "Hosting" means my optional paid website hosting service described in section 12 (shown on my site as "Website hosting").
• "Intake" means my intake questionnaire, which is currently a Google Form.
• "My End" has the meaning in section 12.12.
• "My Site" means ibuildfreewebsites.com and all of its pages.
• "Paid Edit" means a change to your Website that I quote and you pay for under section 14.
• "Paid Period" means the month or year of Hosting, or the month of an Add-on subscription, that you've already paid for.
• "Revision Round" has the meaning in section 8.4.
• "Reusable Tools" means the general-purpose code, styles, scripts, components, layout patterns, techniques and know-how that I created before or apart from your project, or that I use across many websites, including any improvements I make to them while building your Website.
• "Services" means everything I provide, including the Free Build, Hosting, Paid Edits, Add-ons, calls and retainers.
• "Start Date" means the day I email you to say your spot has opened and I'm starting your build, as long as I have your completed Intake and your photos and logo (or you've told me to go ahead without them). If I'm still waiting on any of those, your Start Date is the day I receive them.
• "Third-Party Services" means products and services that aren't mine. Examples include hosting and infrastructure providers, Square, Google (including Gmail, Google Forms, Google Search Console and Google Analytics), Microsoft Bing, domain registrars, booking apps, review widgets, social media platforms and email providers.
• "Waitlist" means my list of people waiting for a Free Build, described in section 5.
• "Website" or "your Website" means the website I build for you, including any later Paid Edits.
• "Website Files" means the HTML, CSS, JavaScript, images and other files that make up your Website, delivered as a zip file.

3. Who can use my services

3.1 United States only. My Services are only for businesses, nonprofits, churches and other organizations located in the United States, including sole proprietors and businesses that are just getting started. I don't offer my Services outside the United States, and I may decline or end Services if I learn that a client isn't located in the United States.

3.2 Age and ability to agree. You must be at least 18 years old and legally able to enter into a contract.

3.3 Business use. You confirm that you're using my Services for your business or organization, and not for personal, family or household purposes.

3.4 Accurate information. You'll give me accurate contact and business information and keep your email address up to date, because email is how I'll reach you about your Website, your billing and these Terms.

4. Using my website

4.1 Permission to use My Site. You're welcome to browse My Site for your own information and to sign up for my Services.

4.2 Please don't misuse it. You agree not to hack, probe, overload or interfere with My Site or its forms; send spam or automated form submissions; copy or scrape My Site's text, design or code in bulk; pretend to be someone else; submit another person's information without their permission; or use My Site to break the law.

4.3 My content and my name. The text, design, code, logo, wrench mark and images on My Site belong to me or to people who've given me permission to use them. "iBuildFreeWebsites" and my logo are my trademarks. You're welcome to link to My Site, but please don't use my name or logo in a way that suggests I endorse you.

4.4 Other companies on My Site. My Site compares my Services with Wix and Squarespace. Those names are trademarks of their owners, who aren't connected with me and don't endorse me. Competitor prices and features are what I found on their public pages on the date shown, they change often, and they're there for general information only.

4.5 Links to other websites. My Site links to other websites, including the sites in my portfolio, Square and Google Forms. I don't control those websites and I'm not responsible for them, and your use of them is governed by their own terms and policies.

4.6 Changes to My Site and my prices. I may change My Site, my Services and my prices for new purchases at any time. A price change won't affect anything you've already paid for, and price changes for current Hosting and Add-on subscribers follow section 12.8.

5. The waitlist and intake

5.1 Joining. You can join the Waitlist for free by giving me your name, email address, business name and a few words about your business through the form on My Site. After you join, I'll email you a link to my Intake.

5.2 When you're officially on the Waitlist. You're officially on the Waitlist once you submit the Intake, including the required box agreeing to these Terms. The short form on My Site starts the process, but it doesn't put you in line by itself.

5.3 Reminders. If you haven't submitted the Intake, I'll send you reminders about 3, 7, 14 and 30 days after you join, and then I'll stop. You're welcome to come back and sign up again anytime.

5.4 Position emails. While you're on the Waitlist, I'll email you about every 2 weeks to let you know your place in line. My emails come from my own Gmail address, so please add me to your contacts and check your spam and promotions folders.

5.5 Estimates, not guarantees. Spots are limited because I handle every site myself, and I'm still learning how many sites I can comfortably handle, so I'll update the expected wait as I learn. Your place in line and any wait time I share are honest estimates, not guarantees. I generally start builds in the order Intakes are completed, but I may start a project out of order when someone ahead isn't ready yet (for example, because I'm still waiting on their photos), or when a project's size fits better into the time I have. Buying anything from me, including a call, doesn't move you up the Waitlist.

5.6 When I may decline or remove a project. I may decline any project or remove anyone from the Waitlist, for example if the project is outside what I build (section 6.5), the business isn't located in the United States, the content would break section 18, the information I've been given is false, the person is abusive or threatening, or I reasonably believe I'm not the right fit. I won't decline anyone for a reason the law prohibits. If I decline or remove you, I'll let you know by email, and since the build is free, neither of us owes the other anything.

5.7 Leaving the Waitlist. You can leave the Waitlist anytime by replying to any of my emails or by sending me a message through my contact form.

5.8 Emails about your spot and your Website. By joining, you agree that I can email you about your spot, your Intake, your Website and the Services you've signed up for. My Privacy Policy explains how I handle your information.

6. The free website build

6.1 What "free" means. "Free" means you won't pay me anything to receive your finished Website or to keep its files. There's no hidden charge for the build, and I'll never charge you for anything you haven't separately and expressly agreed to buy. In exchange for your Free Build, you agree to:

• (a) give me the Intake answers, photos, logos and other information I ask for;
• (b) buy and pay for your own Domain;
• (c) let the small footer credit stay on your Website while I take care of hosting it, unless you pay the removal fee (section 10); and
• (d) let me show your Website in my portfolio unless you opt out (section 11).

You never have to buy Hosting or anything else from me to receive or keep your Free Build. If you decide it's not for you, you don't owe me anything.

6.2 What's included. Your Free Build includes:

• a custom website, built from scratch for your business and handled by me;
• all the words on your Website, handled by me based on your Intake answers;
• no set page limit, within reason (section 6.3);
• a first draft within 7 days after your Start Date, as a goal (section 8);
• up to 5 free Revision Rounds on your first build (section 8);
• a website built for phones first, using accessibility and speed best practices (sections 20.2 and 22);
• a zip of your Website Files at Delivery, before you pay anything (section 9); and
• the same free deal for redesigns of existing websites (section 6.7).

6.3 Pages, within reason. There's no set page limit. "Within reason" means the pages a small business normally needs, like a home page, an about page, a services or menu page and a contact page, plus a reasonable number of other pages based on your Intake. I'll decide in good faith what's reasonable, and if something is bigger than a Free Build covers (I can't build a 75-page site for free, for example), I'll tell you before I start.

6.4 Features that use tools you already have. Things like a booking link, a map, a menu or price list, your Google reviews, links to your social pages and an email signup can usually be added by linking to or embedding Third-Party Services that you already use or sign up for. You're responsible for those accounts, their costs and their terms. If one of those tools changes something on its end, that isn't My End (section 12.13). A custom contact form on your Website is the $5-a-month Add-on in section 15.2. A link to a free form you set up yourself, like a Google Form, is included at no charge.

6.5 What isn't included, and what I don't build.

To keep the Free Build free, these things are not included:

• a blog that I post to for you on a regular basis;
• complicated custom features or integrations, like custom code that connects your Website to other systems, databases or software (simple links or buttons that send visitors to a third-party service you already use, such as an online ordering, booking, reservation or delivery page, are not integrations and are included);
• websites in more than one language;
• logo design (section 6.9), stock photos, photography or video production;
• picking, buying, registering, transferring or renewing a Domain (section 13);
• business email accounts or email setup;
• ongoing marketing, advertising, social media or SEO campaigns;
• changes after Delivery, which are Paid Edits (section 14); and
• legal text for your Website, like a privacy policy (section 20.1).

I don't build these at all:

• online stores, or websites that sell products through a shopping cart or checkout;
• web apps, logins, customer accounts, member areas or memberships;
• websites for large companies; and
• websites meant to be edited by their owners through a drag-and-drop builder or editing dashboard (section 9.8).

6.6 One free build per business. A Free Build covers one Website for one business per Waitlist spot. If you own more than one business, each one can join the Waitlist on its own. A brand-new design for a website I've already built for you isn't part of the Free Build, but you're welcome to ask me about your options.

6.7 Redesigns. Redesigns of existing websites get the same free deal. I rebuild your site from scratch, using your current site and your Intake as a guide, and I don't copy code, templates or designs from your old platform. You confirm that you have the right to reuse any text, photos and other content from your current site, because some website builders only license their templates, photos and other materials for use on their own platform. Please keep your old site and plan active until your new Website is live, especially if your Domain is registered with your old provider. I'm not responsible for content, Domains or data that are lost when an old plan ends.

6.8 How I build. I personally handle every website I build from start to finish, and I don't hand your build off to other designers or developers. I don't start from a pre-made website template, although I do use my own Reusable Tools (section 9.4), software tools, and properly licensed third-party materials (section 9.5). I also use Third-Party Services for things like hosting, payments, email and forms.

6.9 Logos. Logo design isn't part of the Free Build. If you don't have a logo, I'll set your business name at the top of your Website in a clean, simple style. If you tell me in your Intake that you need a logo, I'll let you know what I can do, and any logo work would be a separate service that we agree on in writing first.

7. Your content and your responsibilities during the build

7.1 What I need from you. You'll give me complete Intake answers, your own photos and logo, anything else I reasonably ask for, and your feedback on drafts, and you'll respond within a reasonable time.

7.2 Photos and logos. I don't use stock photos, so you'll provide your own. Please send photos and logos by replying to my email with them attached. Gmail has a limit of 25MB per email, so a large batch may take several emails. I may resize, crop, compress, lightly color-correct or convert your photos so they work well on the web, and I may suggest leaving out photos that are too small or blurry to look good.

7.3 Your promises about Client Content. You promise that:

• (a) you own all Client Content, or you have permission to use it on your Website and to let me use it as these Terms describe, including in my portfolio;
• (b) using Client Content on your Website and in my portfolio won't infringe or violate anyone's copyright, trademark, privacy, publicity or other rights, or break any law;
• (c) if a photo or video shows a person who can be identified, you have that person's permission to show it on your Website and in my portfolio (and a parent's or guardian's permission for anyone under 18);
• (d) any reviews or testimonials you give me are real, come from real customers, are used with their permission, and follow the FTC's rules on reviews and endorsements; and
• (e) the facts about your business that you give me (like prices, hours, addresses, licenses, credentials, service areas and claims) are accurate, and you'll keep them up to date.

7.4 The words on your Website. I handle your Website's words based on your Intake answers and what you tell me. I won't knowingly include a claim I believe is false, but I can't check the facts about your business. You'll read all of the text before Delivery and tell me about anything that isn't accurate, and once you approve your Website or it goes live, you're responsible for the accuracy of every fact and claim on it, including the words I prepared from your information.

7.5 Permission to use Client Content. You keep ownership of your Client Content. You give me a non-exclusive, royalty-free permission to use, copy, edit, adapt, resize, store, back up and publish it as needed to build, host, maintain and fix your Website and provide the Services, and to show your Website in my portfolio under section 11. This permission ends when I no longer need it for those purposes, except that it continues for my portfolio until you opt out, and for copies I'm allowed to keep under section 9.9 and my Privacy Policy.

7.6 Content I can refuse or remove. I may refuse to use, or remove, any content that I reasonably believe is unlawful, infringing, deceptive or unsafe, or that breaks section 18 or a Third-Party Service's rules.

7.7 No passwords or sensitive information. Please never send me passwords, Social Security numbers, bank or card numbers, health information or other sensitive personal information by email or through a form. If I need access to one of your accounts (like your domain registrar or your Google account), I'll walk you through a safer way to do it, like adding me as a user or delegate, or a screen share where you type your own password. If you send me a password anyway, I'll delete it or keep it in a secure password manager, and I'll ask you to change it once the work is done.

8. Timeline, drafts and revisions

8.1 Your Start Date. Your build begins on your Start Date (defined in section 2).

8.2 First draft within 7 days, as a goal. My goal is to send you a first draft within 7 days after your Start Date. It's a goal I take seriously, but it isn't a guarantee. If I'm running behind, I'll tell you and give you a new estimated date. Because the build is free, missing an estimated date isn't a breach of these Terms and doesn't entitle you to any payment or credit.

8.3 Delays. Timelines pause while I'm waiting on you for Intake answers, photos, a logo, feedback or decisions, and during events described in section 29. The faster you reply, the sooner your Website is done.

8.4 What a Revision Round is. One Revision Round is one round of feedback, which means you send me one list with all the changes you want, and I make them all. You get up to 5 free Revision Rounds on your first build, before Delivery. Before you send a list, it helps to check with anyone else who has a say, like a business partner, so all the changes come in together. If you send changes in several messages, I'll treat everything that reaches me before I start working on a round as one list, and changes that arrive after I've started a round will count toward the next one.

8.5 What a revision covers. Revisions are changes to the Website I built, like wording, photos, colors, layout, the order of sections, and adding or removing a reasonable number of pages or sections within section 6.3. Asking me to go in a completely new design direction counts as one Revision Round. Requests for things outside the Free Build (section 6.5) aren't revisions.

8.6 After your fifth round, or after Delivery. If you'd like changes after your fifth Revision Round, or after Delivery, they're Paid Edits that I'll quote under section 14 ($49 to $500 depending on the request). Any Revision Rounds you haven't used end at Delivery.

8.7 When your Website is finished. Your Website is finished, and I'll move on to Delivery, when the first of these happens: (a) you tell me you're happy with it; (b) I've made the changes from your fifth Revision Round; or (c) section 8.8 applies.

8.8 If you go quiet. If I'm waiting on something from you (like Intake details, photos or feedback) and I don't hear from you for 60 days, after I've emailed you at least twice during that time, I may close your project. If I've already sent you a draft, I'll send you your Website Files as they are, which counts as Delivery, and any unused Revision Rounds end. If I haven't sent a draft yet, you're welcome to rejoin the Waitlist anytime.

9. Delivery and ownership

9.1 Your "website is done" email. When your Website is finished, I'll send you an email with a preview link so you can see the finished site, a walkthrough on connecting your Domain, a link to sign up for Hosting if you want it, and a link to download your Website Files. The files come in a zip. They might look a little scary if you're not used to seeing website files, but that's completely normal, and they're yours to keep. You get your Website Files before you pay me anything, whether or not you ever buy Hosting.

9.2 Preview link. The preview link is a temporary address on my hosting. If you don't sign up for Hosting, I may take the preview down 30 days after Delivery, so please download your Website Files right away.

9.3 Your Website is yours. Effective at Delivery, I assign (transfer) to you all of my rights, title and interest, including copyright, in (a) the custom design and code I created specifically for your Website and (b) the words I prepared for it. The same applies to each Paid Edit as soon as I publish it to your Website or send you the updated files, whichever comes first. This happens whether or not you ever buy Hosting or anything else from me. It doesn't include my Reusable Tools (section 9.4) or third-party materials (section 9.5), and your Client Content was yours all along. My Delivery email will confirm this transfer in writing, and if you ever need a separate signed document confirming it, I'll provide one at no charge. You give me back a non-exclusive, royalty-free permission to copy, store, back up, host, change and display your Website as needed to provide the Services you buy from me, to keep the copies described in section 9.9, and to show your Website in my portfolio under section 11. This permission ends at the same times as the permission in section 7.5.

9.4 My Reusable Tools. Some parts of every website are general-purpose tools I've built and reuse, like base styles, scripts and layout patterns. I keep ownership of those, and I give you a permanent, irrevocable, worldwide, royalty-free, non-exclusive license to use, copy, change, host and display them as part of your Website and future versions of it, anywhere you like. You can let your web developers and web hosts do the same for you, and if you sell your business or your Website, this license goes with it. The only thing you can't do is sell, license or hand out my Reusable Tools on their own, separately from your Website.

9.5 Third-party materials. Your Website may include open-source code, icons, fonts, maps or embedded tools from others. Those stay subject to their own licenses, and I'll only use materials whose licenses allow them to be used on a business website. You agree to follow those licenses, including by leaving any license notices in your Website Files.

9.6 Your content stays yours. You keep all rights in your Client Content, subject to the permission you give me in section 7.5.

9.7 What I keep. I keep my general skills, knowledge, ideas and techniques, and I may build websites for other businesses that look or work in similar ways. I won't reuse your Client Content, your logo or the words I prepared for you on anyone else's website. You agree that building websites for other people that look or work in similar ways, without copying your Client Content, your logo or the words I prepared for you, doesn't infringe your rights in your Website.

9.8 Editing your Website yourself. Your Website is written in plain code, so there's no drag-and-drop builder or editing dashboard, and making changes takes someone who knows code. Because the Website Files are yours, you or any web developer you hire can change them anytime. Changes made by anyone other than me aren't My End, though, and if someone else has changed your files, I may need to quote a Paid Edit to review or fix them before I can host or edit your Website.

9.9 Keeping a copy. I'll keep a copy of your Website Files for 12 months after Delivery, or, if you host with me, until 12 months after your Hosting ends, and I'll send them to you again if you ask during that time. After that, I may delete my copy, so please keep your own.

9.10 Bugs found soon after Delivery. If you don't host with me and you find a bug in the code I delivered within 30 days after Delivery, tell me and I'll fix it at no charge, as long as no one else has changed your Website Files. If you host with me, bugs in the code I delivered are covered as My End for as long as your Hosting is active (section 12.12).

9.11 Leaving, also known as the eject button. You can leave whenever you want, and I'll never hold your Website or your Domain hostage. You already have your Website Files, and you own your Domain, so to leave, you just point your Domain somewhere new or park it at your registrar. If you host with me, you'll also want to cancel your Hosting (section 12.6). Any web host that handles plain HTML websites can host your files. If I've made Paid Edits since Delivery, I'll email you a link to your updated Website Files each time I finish one, and I'll send them again whenever you ask.

10. Footer credit

10.1 The credit. Every website I build includes a small credit link in the footer that links to bestmarketingjupiter.com. I add it with a "nofollow" tag, which is what search engines ask for with links like this, and it doesn't collect any information about your visitors.

10.2 Removing it. If you'd rather not have the credit on your Website, I'll remove it for a one-time fee of $499, paid upfront through a Square invoice. If I take care of hosting your Website, I'll remove it within 3 Business Days after your payment comes through. If you host somewhere else, I'll send you updated Website Files or tell you exactly what to delete.

10.3 After you move your Website. The credit is part of the deal for your Free Build while I take care of hosting your Website, so while I'm taking care of hosting it, I'll only take the credit out once the $499 removal fee is paid. Once your Website isn't hosted with me anymore, the files are completely yours, and whether the credit stays is your call, although I'd really appreciate it if you left it.

11. Portfolio

11.1 Showing your Website. I may show your Website (its name, screenshots, a link and a short description of the work) on My Site and in my marketing materials, unless you opt out. I won't share private information about your business.

11.2 Opting out. You can opt out anytime by telling me in your Intake, through my contact form or by replying to any of my emails. I'll remove your Website from My Site within 14 days and stop using it in any new marketing materials. Ending your Hosting doesn't opt you out, since the two are separate.

11.3 People in screenshots. If a screenshot of your Website shows people, I'll crop or blur them if you ask.

11.4 Testimonials. If you give me a testimonial, I may show it with your name and business name, and you can ask me to take it down anytime. If I ever give you something in exchange for a review or testimonial, I'll say so wherever it appears.

12. Hosting (optional)

12.1 Hosting is optional. Hosting is a separate service you can buy if you'd like me to take care of hosting your Website. You don't have to buy it to receive or keep your Free Build. I'll never sign you up for Hosting automatically. You'll only be signed up if you choose a plan and agree to the automatic renewal terms on my hosting sign-up page.

12.2 Automatic renewal terms.

12.3 Price and billing. Hosting costs $19.99 per month, or $219.89 per year, which saves you $19.99 compared with paying monthly for 12 months (that's like getting one month free). You pay in advance through a Square subscription, using a card you keep on file with Square. There's no long-term contract. The monthly plan has no minimum commitment, and the yearly plan is paid a year at a time, so if you cancel it partway through, your Hosting stays on through the end of that year, but I don't refund the unused months except in the situations listed in section 12.7. Your subscription renews automatically at the end of each Paid Period, and Square charges the price then in effect (which can only change as described in section 12.8) on each renewal date until you cancel.

12.4 When Hosting starts. Your Hosting, and your billing, start on the day you sign up, which is usually from your "website is done" email. That's true even if your Domain isn't connected yet, so the best time to sign up is when you're ready to go live. Your renewal date is the same day each month, or the same date each year, as the day you signed up.

12.5 Confirmation and reminders. After you sign up, I'll email you a confirmation you can keep that repeats the automatic renewal terms you agreed to: your plan, your price, how often you'll be charged, your next charge date, that your Hosting renews until you cancel, exactly how to cancel (with a direct cancellation link), that cancelling stops future charges while your Hosting stays on through the end of your Paid Period, that I don't refund partial months or years except as section 12.7 says, and a link to the version of these Terms you agreed to. If you're on yearly billing, I'll email you a reminder before each renewal, between 30 and 40 days ahead (usually about 35 days). If you're on monthly billing, I'll email you a reminder once a year, between 30 and 40 days before the anniversary of your start date. I'll also email you before any price or material change, as described in section 12.8.

12.6 Cancelling. You can cancel anytime, online, in any of these ways:

• (a) use the "Cancel my hosting" link at the bottom of every page on My Site (it opens my contact form with cancellation already chosen), or the cancellation link in any billing email I send you;
• (b) reply to any billing email from me and tell me you want to cancel; or
• (c) use the Manage Subscription link in any of your Square subscription emails.

You don't need to call me or give a reason. When I get your request, I'll cancel your Square subscription before your next renewal date (usually by the next Business Day) and email you a confirmation that says the date your Hosting will end. To avoid the next charge, please cancel before your next renewal date. Once you cancel, you won't be charged again, and your Hosting stays on through the end of your Paid Period. After that, your Website goes offline on my hosting, so if you want it to stay online, move it to a new host and point your Domain there before your Hosting ends. When you cancel Hosting in any of these ways, including through Square, I'll cancel your contact form subscription at the same time, so you won't be charged for it again, and the form keeps working through the end of the month you've already paid for, or until your Hosting ends if that's sooner. When your Hosting ends, please change or remove the records at your registrar that point to my hosting, so your Domain isn't left pointing at a host you're no longer using.

12.7 Hosting refunds. I don't give refunds or credits for partial months or years, and that includes cancelling a yearly plan early, except in these situations:

• (a) if you asked me to cancel before your renewal date and you were charged anyway, I'll refund that charge in full;
• (b) if you're charged a higher price after a price increase and you cancel within 14 days after that first higher charge, I'll refund the unused part of that Paid Period;
• (c) if I end your Hosting for any reason other than your breach of these Terms, including if I stop offering hosting, I'll refund the unused part of your Paid Period;
• (d) if your Website is down because of my hosting for more than 7 days in a row, you can cancel and I'll refund the unused part of your Paid Period (section 12.14);
• (e) if you cancel because of a material change to these Terms, as described in section 32.4, I'll refund the unused part of your Paid Period;
• (f) if you're charged for the contact form after you've cancelled Hosting or after your Hosting has ended, or charged for two Hosting plans at once after switching plans, I'll refund the extra charge in full;
• (g) as described in section 29.4; and
• (h) wherever the law requires a refund.

I figure the unused part day by day, and refunds go back through Square to the card you paid with.

12.8 Price and plan changes. I may change my Hosting prices or make material changes to what Hosting includes. If I do, I'll email you before the change applies to you, usually 30 days ahead and always between 21 and 30 days ahead, and the change will only start on a renewal date after that notice. My email will tell you how to cancel. If you don't want the change, you can cancel anytime before it starts, and section 12.7(b) also applies.

12.9 Switching plans. You can switch between monthly and yearly billing by contacting me. The switch takes effect on your next renewal date, without partial credits, and I'll set up the new Square subscription once you've agreed to the new plan's automatic renewal terms. When the new plan starts, I'll cancel your old Square subscription, so you're never billed for both.

12.10 Late or failed payments. If a Hosting payment fails, Square may try the charge again or email you to update your card, and I'll send you friendly email reminders for 7 days. If it's still unpaid after 7 days, I may take your Website offline, and if I do, I'll pause your Square subscription so you aren't charged for any new month or year while your Website is offline. To bring it back, pay the missed amount through the link in my reminder email or update your card using the link in your Square subscription emails, and I'll put your Website back online and restart your subscription, usually within 1 Business Day after your payment comes through. I don't charge late fees, and your Website Files are still yours the whole time. If the payment is still unpaid 30 days after your Website goes offline, I'll cancel your subscription and end your Hosting, I'll email you to confirm, and I won't try to collect the missed payment or let Square charge it.

12.11 What Hosting includes. Hosting includes:

• fast hosting on a global network;
• an SSL certificate (the little padlock next to your web address), which I keep renewed;
• backups of your Website, as described in section 12.15;
• publishing your Website and keeping it running on my hosting; and
• free fixes when something breaks on My End (section 12.12).

Hosting doesn't include your Domain, email accounts, fees for Third-Party Services, or new content and features, which are Paid Edits.

12.12 What counts as My End. If something breaks on my end, I fix it free. "My End" means any of these:

• (a) your site goes down because of hosting;
• (b) your SSL security padlock expires;
• (c) there's a bug in the code I delivered;
• (d) a contact form I set up stops working; or
• (e) an edit I made breaks something.

To report a problem, use my Edit Request page and choose "Something broke." I'll fix My End problems at no charge, as soon as I reasonably can after I find out about them, for as long as your Hosting is active.

12.13 What isn't My End. These aren't My End:

• (a) problems with your domain account or the DNS settings there;
• (b) forgetting to renew your domain;
• (c) outside tools changing on their end, like booking apps, Google reviews widgets or social feeds;
• (d) changes someone else made to your site; and
• (e) new content or new features, which are paid edits.

If a problem fits both lists, for example your padlock expires or your site goes down because the DNS settings at your registrar were changed, it isn't My End, but I'll still help you figure out what happened.

If something isn't My End, I'm usually still happy to help as a Paid Edit, and I'll quote it first.

12.14 Uptime and downtime. I work hard to keep your Website online, but I don't guarantee any particular uptime, and I don't promise that Hosting will be uninterrupted, error-free or completely secure. Planned maintenance and unplanned outages can happen, including outages at my hosting providers or on the internet in general. When I know ahead of time that planned work will cause noticeable downtime, I'll try to let you know. If your Website goes down because of hosting, that's My End, and I'll work to restore it at no charge, which sometimes means waiting for a provider to fix its systems or moving your Website to another provider. I don't give credits for downtime. YOUR ONLY REMEDY FOR DOWNTIME IS THAT I WORK TO RESTORE YOUR WEBSITE, AND IF YOUR WEBSITE IS DOWN BECAUSE OF MY HOSTING FOR MORE THAN 7 DAYS IN A ROW, YOU CAN ALSO CANCEL AND GET A REFUND OF THE UNUSED PART OF YOUR PAID PERIOD.

12.15 Backups. I keep a copy of your latest Website Files, and my hosting keeps earlier published versions of your Website, so I can restore it if something goes wrong. I don't back up things that aren't part of your Website Files, like messages sent through contact forms, content stored in Third-Party Services, or anything in your domain registrar or email accounts. I'll restore the most recent good copy I have, but I can't guarantee that every backup will be complete, so please keep your own copy of your Website Files too.

12.16 Service providers and other Third-Party Services. I host websites using trusted third-party hosting and infrastructure providers, and I may change providers as long as your Hosting stays substantially the same. Their outages, policies and decisions are outside my control. If a provider requires me to remove content or suspend a website because of a legal complaint or a violation of its rules, I may have to do so, and I'll tell you when I can. The same goes for other Third-Party Services, like Square, Google, Microsoft Bing and domain registrars. They're run by other companies under their own terms, and I'm not responsible for their services, outages, fees, policies or changes, although if your site goes down because of my hosting, that's still My End (section 12.12).

12.17 If I stop offering hosting. If I ever decide to stop offering hosting, I'll give you at least 30 days' notice by email, refund any time you've prepaid but won't use, and make sure you have your latest Website Files so you can move them.

12.18 Records. I keep records of your agreement to these automatic renewal terms, my confirmation and reminder emails, and your cancellation, as the law requires. My Privacy Policy explains how long I keep them.

12.19 Fair use. Hosting is sized for the kind of traffic a small business website normally gets. If your Website's traffic or file sizes are far beyond that (for example, because it's serving large videos or downloads, or it's under attack), I may temporarily limit or pause it to protect other clients' websites, and I'll tell you what happened as soon as I can. If heavy use keeps up for more than a month, I'll let you know, and we can talk about moving your Website to a host that fits it better, in which case section 30.2(g) and the refund in section 12.7(c) apply.

13. Domains

13.1 You buy and own your Domain. You'll buy your Domain from a domain company (registrar) of your choice, in your own name and on your own account. A .com usually costs about $10 to $25 a year, depending on where you buy it, and the first year is often discounted, so check the renewal price too. That cost is between you and your registrar. You don't need a Domain before I start building, but you'll need one before your Website goes live.

13.2 I never buy Domains for clients. I don't help pick, buy, register, renew or transfer Domains, and I never register a Domain in my name for a client. That way, you're always the one in control of your web address.

13.3 Keeping your Domain healthy. You're responsible for renewing your Domain on time and keeping your registrar account secure and in good standing, including your contact details, payment method and two-step verification. Problems with your registrar account, the DNS settings at your registrar, or a Domain that wasn't renewed aren't My End.

13.4 Connecting your Domain. You can connect your Domain yourself by changing a few settings at your registrar, and I'm putting together free video walkthroughs to show you how. They'll be general instructions that you follow at your own risk. If you'd rather not deal with it, I'll connect it for you for $99 (section 15.3). DNS changes can take up to 48 hours to work everywhere. If you use email on your Domain, please tell me before any DNS changes are made. I'll try not to change any settings that affect your email, and if a change I made causes a problem, I'll fix it free, but I'm not otherwise responsible for interruptions to your email service.

13.5 Your Domain, your choice. You decide what your Domain points to. You can park it at your registrar or point it somewhere new anytime, and when you do, my work goes quiet.

14. Paid edits and retainers

14.1 Quotes. Once your Website has been delivered (or after your fifth Revision Round), changes are Paid Edits. Send me a request through my Edit Request page, and I'll reply with a quote before I touch anything. Paid Edits cost $49 to $500, depending on what you're asking for. A quote covers only the work it describes, and it's good for 30 days. If a request is bigger than that price range covers, I may decline it, suggest splitting it into smaller edits, or suggest a retainer.

14.2 Payment upfront. All Paid Edits are paid upfront through a Square invoice, and I start the work once your payment comes through.

14.3 Standard turnaround. Standard turnaround is 3 Business Days, counted from when your payment comes through. If I'm waiting on something from you, like a photo, text or a decision, the clock pauses until I have it. If a request needs more time than that, I'll tell you in the quote before you pay.

14.4 Rush edits. You can add rush to any Paid Edit for an extra $99, and I'll finish the edit within 24 hours after your payment comes through (with the clock pausing while I'm waiting on something from you, as in section 14.3). If I miss the 24-hour rush deadline, I'll refund the $99 rush fee and still finish the edit.

14.5 Fixes on My End are free. If you host with me and something broke on My End, I'll fix it without a quote or a charge (section 12.12).

14.6 Websites I don't take care of hosting for. If you host your Website somewhere else, I'll make Paid Edits by sending you updated Website Files, and you'll be responsible for uploading them, unless we agree on something else. If someone else has changed your files, I may need to review them first, and I'll include that in the quote.

14.7 Retainers. If you'd like changes more often, I offer retainer options with unlimited edits. Just ask me about retainers through my contact form. Each retainer is covered by a separate written agreement, which controls if it conflicts with these Terms. If a retainer renews automatically, it will come with automatic renewal and cancellation terms like the ones for Hosting.

15. Add-ons and services

15.1 Price list. All of these are optional.

15.2 Custom contact form ($5 a month).

• The custom contact form sends messages from a form on your Website to the email address you choose. I can't promise that every spam message will be blocked, or that every real message will reach your inbox, since email providers and full inboxes can delay or filter messages. Please check your spam folder.
• It's available only while I take care of hosting your Website, and it only comes as a monthly charge. When your Hosting ends for any reason, I'll cancel the contact form subscription in Square, and if you're ever charged for the contact form after you've cancelled Hosting or after your Hosting has ended, I'll refund that charge in full.
• Reminders and price-change notices for the contact form work the same way as for monthly Hosting (sections 12.5 and 12.8).
• If the form I set up stops working, that's My End (section 12.12).
• The rules in section 21 apply to the information your visitors send through it.

15.3 Domain connection ($99). I'll connect your Domain, which you've already bought, to your Website on my hosting. If you host somewhere else, ask me first and I'll tell you whether I can help. You'll give me access safely (section 7.7), never by emailing me a password. I'll connect it by adding or changing the records at your registrar, and I won't move your Domain's nameservers or DNS into my own hosting account, so your Domain and your email settings stay in your hands. When I'm done, I'll remove any access you gave me and confirm that by email. This service doesn't include picking, buying, transferring, renewing or managing your Domain, or setting up email. If you're not happy, you can get a full refund under section 17.2.

15.4 Google and Bing setup ($99). I'll set up Google Search Console and Bing Webmaster Tools for your Website and submit your Website to be indexed. You could do this yourself for free, so the fee is for me handling the setup. Google and Bing decide whether, when and how to index and rank any website, and I can't guarantee either one. The accounts will be yours, set up under your own Google and Microsoft accounts or with me added as a user, and I'll remove my access whenever you ask.

15.5 Cookie banner ($99). I'll add a cookie consent banner to your Website and set it up so the tracking tools you tell me about (like Google Analytics, a Facebook or Instagram ad pixel, or retargeting ads) only turn on after a visitor says yes, as far as those tools allow. A site should have a banner once it starts using tracking like that, especially if it gets visitors from Europe or the UK, where the rules are stricter. Google's and Meta's own rules also require telling visitors about their tracking and getting permission where the law requires it. The big US state privacy laws mostly apply to larger companies, so most small business sites that don't use any tracking don't need a banner at the start. A banner by itself doesn't make your Website legally compliant. You decide what tracking to use, you're responsible for your own privacy and cookie policies (section 20.3), and adding new tracking later may need a Paid Edit to update the banner. I'm not a lawyer, so if you're not sure what applies to your business, it's worth asking one.

15.6 Footer credit removal ($499). See section 10.

16. Payments and taxes

16.1 Square. I take payments through Square. Hosting and the contact form are billed as Square subscriptions, and everything else is paid upfront through a Square invoice or payment link. When you pay, Square's own terms also apply to how it processes your payment. I never see or store your full card or bank account numbers.

16.2 Upfront payment. All paid work is paid upfront, and I start once your payment comes through. Invoices are due when I send them, and if an invoice or quote isn't paid within 30 days, it expires and I'll send a new quote if you still want the work.

16.3 Prices. Prices are in US dollars. The price that applies is the one shown on My Site, or in your quote or invoice, when you buy. Price changes won't affect anything you've already paid for.

16.4 Taxes. My prices don't include sales, use or similar taxes. If tax applies to something you buy from me, I'll add it to your invoice or subscription and tell you before you pay.

16.5 Billing questions and disputes. If you think a charge is wrong, please contact me first through my contact form, and I'll sort it out quickly. If you open a chargeback or payment dispute with your card company for a charge that you authorized and that was correct under these Terms, I may pause the related Service until it's resolved.

17. Refunds

17.1 The Free Build. The build is free, so there's nothing to refund there.

17.2 Domain connection. If you're not happy with your $99 domain connection, tell me within 30 days after you pay (or, if it's later, within 30 days after the connection is finished), and I'll refund the full $99.

17.3 Paid Edits and other one-time Add-ons. For Paid Edits, Google and Bing setup, the cookie banner and footer credit removal, you'll approve the price before you pay. If I haven't started, or if I can't deliver what I quoted, I'll refund you in full. Once I've delivered the work as quoted, it isn't refundable, but if something I did doesn't work as described, I'll fix it at no charge. If I miss a 24-hour rush deadline, I'll refund the $99 rush fee.

17.4 Hosting and the contact form. These don't come with partial refunds, but you can cancel anytime and you won't be charged again. The only exceptions are listed in section 12.7.

17.5 Retainers. Refunds for retainers are covered by the retainer agreement.

17.6 How refunds are paid. Refunds go back through Square to the card you paid with, usually within 5 Business Days after I approve them.

17.7 When the law requires more. Nothing in these Terms takes away any refund right the law gives you.

18. Acceptable use and prohibited content

18.1 What I won't build or host. I won't build or host, or keep hosting, a website or content that, in my reasonable judgment:

• is illegal, or promotes illegal products, services or activities;
• infringes or misuses anyone's intellectual property, privacy or publicity rights;
• is sexually explicit or adult content, or exploits or endangers minors in any way;
• promotes hate, violence, harassment or discrimination against people because of who they are, or threatens anyone;
• is false, deceptive or fraudulent, including fake reviews or testimonials, scams, pyramid schemes, and misleading health, financial or "get rich quick" claims;
• contains malware, viruses, phishing pages, cryptocurrency miners or other harmful code, or collects passwords or financial information under false pretenses;
• sends or supports spam;
• sells or promotes regulated products or services (like firearms, drugs, cannabis or tobacco and vaping products) or gambling in a way that breaks the law or the rules of my hosting or payment providers;
• shares other people's private information without their permission;
• breaks the rules of a Third-Party Service you use on your Website, or is something my hosting or payment provider tells me breaks its rules, in which case I'll tell you what the problem is; or
• puts my systems, my providers or other clients' websites at risk.

18.2 Projects I'm not comfortable with. I may also decline to build or host any project I'm not comfortable with, for any lawful reason.

18.3 What I can do about it. If I reasonably believe content breaks this section, I may refuse it, remove it or suspend your Website. When I believe there's an urgent legal or security risk, I may act without notice. Otherwise, I'll tell you what the problem is and give you a reasonable chance to fix it. For serious or repeated violations, I may end your Hosting without a refund of your current Paid Period. Your Website Files are still yours.

19. Copyright complaints (DMCA)

19.1 Sending me a notice. I respect copyright. If you believe that My Site or a website I host infringes your copyright, please send a written notice to my designated agent (section 19.2) that includes:

• (a) your physical or electronic signature;
• (b) a description of the copyrighted work you believe has been infringed (or, for several works, a representative list);
• (c) a description of the material you believe is infringing and where it appears, including the web address;
• (d) your name, mailing address, phone number and email address;
• (e) a statement that you have a good-faith belief that the use isn't authorized by the copyright owner, its agent or the law; and
• (f) a statement that the information in your notice is accurate and, under penalty of perjury, that you're the copyright owner or authorized to act for the owner.

19.2 My designated agent. Copyright notices should go to:

{{DMCA_AGENT_NAME}}
Hawkins Holdings LLC (iBuildFreeWebsites)
{{DMCA_AGENT_ADDRESS}}
Phone: {{DMCA_AGENT_PHONE}}
Email: {{DMCA_AGENT_EMAIL}}

19.3 What I'll do. When I receive a valid notice, I'll remove or disable access to the material promptly and let the website owner know.

19.4 Counter-notices. If your material was removed and you believe it was removed by mistake or misidentification, you can send my designated agent a counter-notice that includes: (a) your physical or electronic signature; (b) a description of the material that was removed and where it appeared before it was removed; (c) a statement, under penalty of perjury, that you have a good-faith belief the material was removed by mistake or misidentification; and (d) your name, address and phone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district where your address is located, and that you'll accept service of process from the person who sent the original notice or that person's agent. After I receive a valid counter-notice, I'll promptly send a copy to the person who sent the original notice and tell them I'll put the material back in 10 Business Days, and I'll restore it 10 to 14 Business Days after I received the counter-notice unless that person tells me they've filed a court action to stop the infringement.

19.5 False notices. Under federal law (17 U.S.C. 512(f)), anyone who knowingly makes a material misrepresentation in a notice or counter-notice may be liable for damages.

19.6 Repeat infringers. I'll end Hosting, in appropriate circumstances, for clients who are repeat infringers, for example a client whose websites receive two or more valid notices within 12 months that aren't resolved by a valid counter-notice.

19.7 Other complaints. If you have a complaint about a website I host that isn't about copyright (for example, about a trademark, privacy or a false statement), please tell me through my contact form, and I'll look into it and act as I reasonably think is appropriate.

20. Your website's legal compliance is your responsibility

20.1 Your legal responsibility. You're solely responsible for making sure your Website and your business follow the laws and rules that apply to you. That includes accessibility laws; privacy laws and your own privacy policy; cookie consent; licenses and permits; advertising and consumer protection laws (like truthful claims and pricing, and the rules on reviews and endorsements); the rules for your industry or profession; and email and text marketing laws. I'm a web designer, not a lawyer, and nothing I say or provide is legal advice. If I include any sample or placeholder legal text on your Website at your request, it's only a starting point, and you should have it reviewed by your own lawyer.

20.2 Accessibility. I build websites using accessibility best practices, with the goal of meeting the WCAG 2.1 Level AA guidelines, which means things like readable text, good color contrast, image descriptions for screen readers and pages you can get around with just a keyboard. BUT I DON'T GUARANTEE THAT YOUR WEBSITE IS, OR WILL STAY, FULLY ACCESSIBLE TO EVERYONE OR COMPLIANT WITH THE AMERICANS WITH DISABILITIES ACT (ADA) OR ANY OTHER LAW. MAKING SURE YOUR WEBSITE MEETS ACCESSIBILITY LAWS IS YOUR LEGAL RESPONSIBILITY AS THE BUSINESS OWNER. Things like the photos and documents you provide, outside tools like booking apps, and changes made after Delivery can all affect accessibility. If you host with me and an accessibility problem turns up in the code I delivered, meaning a spot where my code doesn't meet a WCAG 2.1 Level AA success criterion, I'll fix it for free, since that's My End. Otherwise, accessibility fixes are Paid Edits (or covered by section 9.10 if they're bugs in my code found within 30 days after Delivery). If accessibility is a big concern for your business, it's a good idea to talk to an attorney or an accessibility specialist.

20.3 Privacy, cookies and tracking on your Website. If your Website collects information about people (for example, through a contact form, an email signup, analytics, ad pixels or a booking tool), you're responsible for having your own privacy policy and, where it's needed, a cookie banner and consent. I don't put my own analytics or advertising tracking on your Website.

20.4 Rules for your industry. Some businesses have special rules about what their websites must say or can't say, like license numbers for contractors, license and fair housing disclosures for real estate, rules about health and wellness claims, attorney advertising rules, and food, allergen and alcohol rules. You'll tell me about any disclosures your business is required to include and give me accurate license numbers, and you're responsible for making sure your Website follows those rules.

20.5 Email and text marketing. If you collect email addresses or phone numbers through your Website, you're responsible for following the laws about marketing emails and texts, like the CAN-SPAM Act and the Telephone Consumer Protection Act.

21. Forms on your website and your visitors' information

21.1 My role. When your Website collects information from your visitors (for example, through the contact form Add-on), that information belongs to you, and I handle it only as your service provider. That means I use it only to deliver messages to you, keep the form working, block spam and fix problems. I don't sell it, and I don't use it for my own purposes. Form submissions pass through my hosting provider's systems and are kept in my hosting account for up to 90 days before they're deleted, and you get a copy by email. My Privacy Policy describes this in more detail.

21.2 No sensitive information through forms. Forms I set up are for simple inquiries, like a name, email address, phone number and message. You agree not to use them, or ask your visitors to use them, to collect health or medical information, Social Security numbers, financial account or card numbers, passwords, or information about children under 13. I DON'T PROVIDE HIPAA-COMPLIANT SERVICES, AND I WON'T SIGN BUSINESS ASSOCIATE AGREEMENTS. If your business needs those, tell me, and I'll build your Website without a form or link to a compliant tool that you choose.

21.3 Telling your visitors. Your Website's privacy policy should tell visitors what your forms collect and how you use it.

22. SEO, speed and results

22.1 SEO. SEO is a fickle creature, so I'll only tell you the truth about it. Every site I take on is built to be fast, clean and mobile-friendly, and I make sure your words clearly say what you do and where you do it. Google says it rewards helpful, relevant content first, and that page experience, like speed and how well a site works on a phone, also plays a part. NOBODY CAN HONESTLY GUARANTEE SEARCH RANKINGS, AND I DON'T PROMISE ANY PARTICULAR RANKING, INDEXING, TRAFFIC OR PLACEMENT IN GOOGLE, BING, MAPS OR ANY OTHER SERVICE.

22.2 Speed scores. I build every site with a high Google PageSpeed Insights score in mind, but scores change with the device, the network, the test itself, the content you add and any outside tools on your Website, so I don't guarantee any particular score.

22.3 Business results. I can't promise that your Website will bring you customers, calls, bookings, sales, revenue or any other business result.

23. My data practices and security

23.1 Privacy Policy. My Privacy Policy explains how I collect, use, share and protect personal information, and it's part of our agreement.

23.2 Security. I take reasonable steps to protect the information you give me, like two-step verification on my accounts, but no system is perfectly secure, and I can't guarantee that information will never be accessed by someone who shouldn't have it.

23.3 If something goes wrong. If I learn of a security breach that affects your personal information or your Website, I'll notify you as the law requires, as described in my Privacy Policy. If a breach of my hosting account, my email or another system I control affects information your visitors sent through your Website, I'll tell you as quickly as I reasonably can, and no later than 10 days after I determine it happened, and I'll give you what I know about it so you can handle any notices you're required to send.

23.4 Your accounts. You're responsible for keeping your own accounts secure, like your domain registrar, email and Google accounts, and for telling me promptly if you suspect a security problem with your Website.

24. Confidentiality

Each of us will keep the other's non-public business information private and use it only for our work together. I won't share your non-public information except with service providers who need it to help me provide the Services and who are required to protect it, when the law requires it, or with your permission. I may also share it with my own lawyer, accountant or insurer, or with someone who's taking over my business under section 38.4, as long as they keep it confidential too. This doesn't apply to information that's public (including your published Website, which I may show in my portfolio under section 11), that the other person already knew, that was developed independently, or that was lawfully received from someone else. This section lasts while we work together and for 3 years after, and for as long after that as the information remains confidential.

25. Our relationship

I'm an independent contractor. Nothing in these Terms creates a partnership, joint venture, employment, agency or fiduciary relationship between us, and neither of us can make commitments for the other. I decide how and when I do the work, consistent with these Terms, and I'm free to work for other businesses, including businesses like yours.

26. Warranty disclaimer

26.1 What I do promise. I promise to do my work carefully and professionally, consistent with generally accepted standards for small business websites. I also promise that, to my knowledge, the custom design and code I create for you (not counting Client Content or third-party materials) is my original work or properly licensed, and that it won't contain malware when I deliver it.

26.2 Your remedy. If I break a promise in section 26.1, tell me, and I'll fix the problem or redo the work. If I can't, I'll refund what you paid for the affected Service. To the extent the law allows, that's your only remedy for a broken promise in section 26.1.

26.3 DISCLAIMER. EXCEPT FOR THE PROMISES IN SECTION 26.1 AND ANY OTHER PROMISE THESE TERMS EXPRESSLY MAKE, MY SITE, THE SERVICES, YOUR WEBSITE, THE WEBSITE FILES, HOSTING AND EVERYTHING ELSE I PROVIDE ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT THE LAW ALLOWS, I DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

26.4 WITHOUT LIMITING SECTION 26.3, I DON'T PROMISE THAT: (A) YOUR WEBSITE OR MY HOSTING WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE; (B) YOUR WEBSITE WILL RANK IN SEARCH ENGINES, REACH ANY PARTICULAR SPEED SCORE, OR BRING YOU CUSTOMERS OR REVENUE; (C) YOUR WEBSITE WILL COMPLY WITH ANY LAW OR STANDARD, INCLUDING ACCESSIBILITY AND PRIVACY LAWS; (D) YOUR WEBSITE WILL LOOK AND WORK EXACTLY THE SAME ON EVERY BROWSER AND DEVICE, INCLUDING FUTURE ONES; OR (E) ANY THIRD-PARTY SERVICE WILL WORK, KEEP WORKING OR STAY AVAILABLE.

27. Limitation of liability

27.1 NO INDIRECT DAMAGES. TO THE FULLEST EXTENT THE LAW ALLOWS, NEITHER YOU NOR I WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST SALES, LOST DATA, LOST GOODWILL OR LOST BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THESE TERMS, MY SITE OR THE SERVICES, EVEN IF WE WERE TOLD THEY WERE POSSIBLE. This section 27.1 doesn't limit your obligation to pay for Services you've bought, your obligations under section 28, or your responsibility for breaking section 7.3 or section 18.

27.2 MY MAXIMUM LIABILITY. TO THE FULLEST EXTENT THE LAW ALLOWS, MY TOTAL LIABILITY FOR ALL CLAIMS OF ANY KIND ARISING OUT OF OR RELATED TO THESE TERMS, MY SITE OR THE SERVICES WILL NOT BE MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID ME IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE FIRST CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100). For example, if you received a Free Build and never paid me anything, my total liability to you is $100.

27.3 EVERY KIND OF CLAIM. THESE LIMITS APPLY TO EVERY KIND OF CLAIM, WHETHER IT'S BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, A STATUTE OR ANYTHING ELSE, AND THEY APPLY EVEN IF A REMEDY IN THESE TERMS DOESN'T FULLY MAKE UP FOR YOUR LOSS.

27.4 What these limits don't cover. These limits don't apply to liability that the law doesn't allow to be limited, such as liability for fraud or intentional misconduct.

27.5 NO PERSONAL LIABILITY. YOUR AGREEMENT IS WITH HAWKINS HOLDINGS LLC, NOT WITH MILLER PERSONALLY. TO THE FULLEST EXTENT THE LAW ALLOWS, YOU AGREE NOT TO BRING ANY CLAIM RELATED TO THESE TERMS OR THE SERVICES AGAINST MILLER, OR AGAINST THE COMPANY'S OTHER MEMBERS, MANAGERS, EMPLOYEES OR CONTRACTORS, PERSONALLY, AND THE LIMITS IN THIS SECTION 27 PROTECT THEM TOO.

27.6 Why these limits are fair. Plain English: your build is free and my other prices are small, and these limits are part of what makes that possible. You agree that they're a fair and important part of our deal.

28. Indemnification (your promise to cover certain claims)

28.1 YOUR PROMISE. YOU'LL DEFEND, INDEMNIFY AND HOLD HARMLESS HAWKINS HOLDINGS LLC, MILLER, AND THE COMPANY'S OTHER MEMBERS, MANAGERS, EMPLOYEES AND CONTRACTORS (THE "PROTECTED PEOPLE") FROM AND AGAINST ANY CLAIM, DEMAND, LAWSUIT OR GOVERNMENT ACTION BROUGHT BY SOMEONE ELSE, AND ANY RESULTING LOSSES, DAMAGES, FINES, SETTLEMENTS AND REASONABLE ATTORNEYS' FEES AND COSTS, TO THE EXTENT IT ARISES OUT OF OR RELATES TO:

• (a) your Client Content, including any claim that it infringes or violates someone's rights;
• (b) your business, products, services, prices, claims and promotions, and your dealings with your customers and Website visitors;
• (c) whether your Website complies with the laws and rules that section 20 makes your responsibility, including accessibility, privacy, cookie consent, data collection, advertising and industry rules;
• (d) changes to your Website made by you or anyone other than me;
• (e) Third-Party Services you choose to use on your Website; or
• (f) your breach of these Terms, or your violation of any law or anyone else's rights.

28.2 CLAIMS THAT BLAME MY CODE. YOUR PROMISE IN SECTION 28.1(c) APPLIES EVEN IF THE CLAIM SAYS THAT THE DESIGN OR CODE OF YOUR WEBSITE, INCLUDING THE CODE I DELIVERED, OR MY OWN NEGLIGENCE, CONTRIBUTED TO THE PROBLEM. IT DOESN'T APPLY TO THE EXTENT A CLAIM IS CAUSED BY (A) A PROBLEM IN THE CODE I DELIVERED THAT WAS MY END UNDER SECTION 12.12 WHILE YOUR HOSTING WAS ACTIVE AND THAT I DIDN'T FIX WITHIN A REASONABLE TIME AFTER YOU TOLD ME ABOUT IT, (B) MY FAILURE TO SET UP A COOKIE BANNER ADD-ON THE WAY SECTION 15.5 DESCRIBES, (C) A SECURITY BREACH OF MY HOSTING ACCOUNT, MY EMAIL OR ANY OTHER SYSTEM I CONTROL, OR (D) MY GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT. Plain English: if someone brings a claim about your Website's accessibility or privacy practices, you agree to handle it and cover me, even if they say my code was part of the problem, unless you host with me, told me about a problem in my code and I didn't fix it, or the problem came from a cookie banner I set up for you not working the way I said it would, or from someone breaking into my own accounts.

28.3 How it works. I'll tell you promptly about any claim covered by this section (a delay only matters if it actually hurts your ability to defend the claim), let you control the defense with a lawyer reasonably acceptable to me, and cooperate with you at your expense. I may take part with my own lawyer at my own expense. You won't settle a claim in a way that admits fault for me, or requires me to do or pay anything, without my written agreement, which I won't unreasonably withhold.

29. Events outside my control

29.1 Things I can't control. I'm not responsible for delays or failures caused by events beyond my reasonable control. These include hurricanes, storms, floods, fires and other natural disasters; power, internet or telecommunications outages; outages or changes at Third-Party Services like my hosting providers, Square, Google or domain registrars; cyberattacks; government actions; epidemics; and serious illness, injury or a family emergency. Timelines are extended for as long as the event lasts. This section doesn't excuse payment for Services you've already received, and if an event like this keeps your Website down on my hosting for more than 7 days in a row, section 12.14 applies.

29.2 I'm one person. Because I do the work myself, if I'm seriously ill, injured or dealing with a family emergency, timelines will pause, and I'll let you know as soon as I reasonably can.

29.3 If I can't continue. If I'm ever unable to keep running the business, I (or someone acting for the company) will cancel every Hosting and Add-on subscription so no one is charged for time I can't provide, refund any unused prepaid Hosting, and send you your latest Website Files, and I'll try to give you at least 30 days' notice first. Your Website Files and your Domain stay yours no matter what.

29.4 If I can't look after your Website for a while. If an event in this section, including my own illness or injury, keeps me from fixing a My End problem or otherwise providing Hosting for more than 14 days in a row, you can cancel your Hosting, and I'll refund the unused part of your Paid Period, counted from the day I stopped being able to help.

30. Suspension and termination

30.1 Ending things on your side. You can leave the Waitlist, stop your build, or cancel Hosting or an Add-on subscription anytime, as described in these Terms.

30.2 When I can suspend or end Services. I may suspend or end any Service:

• (a) for unpaid Hosting after the 7-day grace period in section 12.10;
• (b) if you break section 18, or I receive a legal complaint about your Website (section 19);
• (c) if your Website creates a security risk or goes well beyond fair use under section 12.19;
• (d) if you're abusive, threatening or harassing toward me;
• (e) if a Third-Party Service I rely on requires it;
• (f) if you materially break these Terms and don't fix it within 10 days after I tell you about it; or
• (g) for any other reason, by giving you at least 30 days' notice, in which case section 12.7(c) applies.

30.3 What happens next. If Hosting ends, your Website goes offline on my hosting. You keep your Website Files and your Domain, and I'll send you your latest Website Files if you ask, unless the law or a legal complaint prevents me from sending particular content. Amounts you already owe stay owed (except as section 12.10 says), and refunds are only given as these Terms describe.

30.4 If I stop a build. If I stop your build before Delivery for any reason other than your breach of these Terms, I'll send you whatever Website Files I've made so far, and that counts as Delivery.

31. What survives

Any part of these Terms that by its nature should last after our relationship ends will survive. That includes sections 2, 7.3, 7.5 (to the extent section 7.5 says it continues), 9, 10.3, 11 (until you opt out), 12.7, 12.18, 16, 17, 20, 21.1 (for as long as I keep form submissions), 21.2, 22, 23.3, 24, 25, 26, 27, 28 and 31 through 40.

32. Changes to these Terms

32.1 Updates. I may update these Terms from time to time. When I do, I'll post the new version on My Site with a new effective date.

32.2 Notice. If a change is material and you're on my Waitlist or you're a current client, I'll email you at least 21 days before it takes effect. Changes to Hosting or Add-on subscription prices, or material changes to what they include, follow the notice rules in section 12.8. Small changes, like fixing typos or making something clearer without changing its meaning, take effect when I post them.

32.3 Changes only apply going forward. A change won't apply to a dispute that came up before the change took effect. No change will take away your ownership of a Website I've already delivered, or change the price of anything you've already paid for.

32.4 If you don't agree. If you don't agree to a change, you can stop using my Services and cancel before the change takes effect. If you cancel Hosting because a material change to these Terms hurts you, I'll refund the unused part of your Paid Period. If you keep using my Services after a change takes effect, you're agreeing to the updated Terms.

33. Electronic communications and signatures

33.1 Going electronic. You agree that I can give you these Terms and all agreements, notices, disclosures, receipts and other communications electronically, by email, on My Site or through Square, and that they satisfy any legal requirement that they be in writing. You also agree that electronic signatures, like checking a box, clicking a button that says you agree, typing your name, or paying me, are as binding as signatures on paper.

33.2 What you'll need. To use my Services, you'll need an email account, a device with internet access and a current web browser, and the ability to open zip files and PDFs and to save or print what I send you.

33.3 Paper copies and withdrawing consent. You can ask me for a copy of these Terms or of any notice through my contact form, at no charge. You can also withdraw your consent to electronic communications by telling me, but since my Services happen entirely online and by email, I'll need to end them if you do. Withdrawing won't affect your ownership of your Website or your Website Files, and I'll refund the unused part of any prepaid Paid Period.

33.4 Keep your email current. Please keep your email address up to date and check your spam folder. A notice I send to the email address you most recently gave me counts as delivered when I send it, unless I find out it didn't arrive.

34. Let's talk first

34.1 Tell me what's wrong. If you have a problem with my Services, please tell me in writing through my contact form, including your name, your email address, what happened and what you'd like me to do. I'll do the same if I have a problem with you, by emailing you.

34.2 Thirty days to work it out. Either of us who sends a notice like this will give the other 30 days to try to resolve it in good faith before filing any claim. Most things can be fixed with a conversation. Any deadline for filing a claim is paused during those 30 days.

34.3 Exception. Either of us may still go straight to court to ask for an order stopping the infringement of intellectual property rights or unauthorized access to computer systems.

35. Governing law and where disputes are handled

35.1 Florida law. Florida law governs these Terms and any dispute about them, My Site or the Services, without regard to conflict-of-law rules, except where federal law applies.

35.2 Where lawsuits go. Any lawsuit about these Terms, My Site or the Services must be filed in the state courts located in Palm Beach County, Florida, or, if federal courts have jurisdiction, in the United States District Court for the Southern District of Florida. You and I both agree to the personal jurisdiction of those courts and give up any objection that they're an inconvenient place to resolve the dispute.

35.3 Small claims court. Either of us may instead bring an individual claim in a small claims court in Palm Beach County, Florida, if the claim qualifies.

35.4 No arbitration. Disputes under these Terms are decided by courts, not by arbitration.

36. Jury trial waiver

YOU AND I EACH KNOWINGLY, VOLUNTARILY AND INTENTIONALLY GIVE UP ANY RIGHT TO A TRIAL BY JURY IN ANY LAWSUIT OR OTHER COURT PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS, MY SITE OR THE SERVICES. THIS WAIVER IS AN IMPORTANT PART OF OUR AGREEMENT. You're welcome to talk to a lawyer before agreeing to it.

37. Class action waiver

TO THE FULLEST EXTENT THE LAW ALLOWS, YOU AND I EACH AGREE TO BRING CLAIMS AGAINST THE OTHER ONLY IN OUR INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION. NEITHER OF US WILL ASK A COURT TO HEAR OUR CLAIMS AS PART OF ONE OF THOSE ACTIONS. If a court decides that this waiver can't be enforced for a particular claim, the waiver won't apply to that claim, but the rest of these Terms, including the jury trial waiver in section 36, will still apply.

38. General terms

38.1 Entire agreement. These Terms, together with the documents listed in section 1.4, are the entire agreement between you and me about their subject, and they replace any earlier understandings about it.

38.2 Severability. If a court finds that any part of these Terms can't be enforced, that part will be enforced as fully as the law allows, and the rest of these Terms will stay in effect.

38.3 No waiver. If I don't enforce part of these Terms right away, I haven't given up my right to enforce it later.

38.4 Assignment. You can't transfer your rights or obligations under these Terms without my written permission, except that if you sell your business or your Website, you can transfer them to the buyer by telling me. I may transfer my rights and obligations to a company I control or to anyone who takes over my business, as long as they agree to honor these Terms for you. I'll email you before it happens, and if you'd rather not continue with the new owner, you can cancel within 30 days after my email and I'll refund the unused part of your Paid Period. This doesn't limit the license in section 9.4, which goes with your Website.

38.5 Interpretation. In these Terms, "including" means "including but not limited to," and "for example" introduces examples, not a complete list.

38.6 No third-party beneficiaries. These Terms are only for the benefit of you and me, except that the Protected People in sections 27 and 28 can rely on the protections those sections give them.

38.7 Attorneys' fees. Each of us pays our own attorneys' fees and costs in any dispute, except where a statute or court rule says otherwise.

38.8 Feedback. If you give me suggestions or feedback about my Services, I can use them freely without owing you anything.

38.9 Business name. iBuildFreeWebsites is a business name of Hawkins Holdings LLC. A reference to either one means the same company.

39. Notices

39.1 Notices to me. The best way to send me a notice is through my contact form at ibuildfreewebsites.com/#contact. Formal legal notices should also be mailed to: Hawkins Holdings LLC, Attn: Legal Notices, {{MAILING_ADDRESS}}. Copyright notices go to my designated agent in section 19.2.

39.2 Notices to you. I'll send notices to the email address you most recently gave me, or, for legal papers, to the mailing address you gave me.

39.3 When notices count as received. A notice sent through my contact form counts as received when it's submitted and you see the confirmation message. An email counts as received when it's sent, unless the sender learns it didn't arrive. A mailed notice counts as received 3 Business Days after it's sent by a tracked delivery method, or on the day it's delivered, if that's earlier.

40. Contact me

If you have a question about these Terms, please send me a message through my contact form, and I'll get back to you by email.

Hawkins Holdings LLC (iBuildFreeWebsites)
Attn: Legal Notices
{{MAILING_ADDRESS}}

iBuildFreeWebsites.com is operated by Hawkins Holdings LLC, a Florida limited liability company.