Terms and Conditions


TERMS AND CONDITIONS

Bizinabox LLC

Effective Date: 6/1/2006
Last Updated: 6/1/2019

These Terms and Conditions are a legally binding agreement between you and Bizinabox LLC (“Bizinabox,” “Company,” “we,” “us,” or “our”) governing your access to and use of the Bizinabox website, platform, website builder, templates, hosting services, user websites, account features, community areas, forums, logo builder, graphics tools, advertising features, guest blogging features, design tools, content tools, software, products, subscriptions, and related services collectively referred to as the “Services.”

By accessing or using the Services, creating an account, building a website, publishing content, purchasing a plan, posting in the community, submitting a guest blog, creating a logo or graphic, placing an advertisement, or otherwise using any Bizinabox feature, you agree to these Terms.

If you do not agree to these Terms, you may not access or use the Services.


1. Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account or use the Services.

By using the Services, you represent and warrant that:

  1. you have the legal capacity to enter into these Terms;
  2. you are not prohibited from using the Services under applicable law;
  3. all information you provide is accurate, current, and complete;
  4. if you use the Services on behalf of a business, organization, or other legal entity, you have authority to bind that entity to these Terms.

If you use the Services on behalf of a business or organization, the terms “you” and “your” include both you individually and the business or organization.


2. Description of Services

Bizinabox provides tools and services that may allow users to create, manage, publish, and promote websites and related business content. Depending on the features available at any given time, the Services may include:

  1. website builder tools;
  2. website templates and website design features;
  3. hosting of user-created websites;
  4. subdomain or custom domain features;
  5. business account and user profile features;
  6. community or forum participation;
  7. logo creation tools;
  8. graphic design tools;
  9. advertising or promotional features;
  10. guest blogging or contributed content features;
  11. business resource content;
  12. downloadable materials;
  13. account dashboards;
  14. payment, subscription, or package features;
  15. other tools, products, or services offered by Bizinabox.

Bizinabox may add, modify, suspend, or discontinue any feature or Service at any time.


3. Accounts and Account Security

To use certain features, you may be required to create an account.

You agree to:

  1. provide accurate and complete account information;
  2. keep your login credentials confidential;
  3. promptly update account information when it changes;
  4. be responsible for all activity under your account;
  5. notify Bizinabox immediately if you believe your account has been compromised.

You may not:

  1. create an account using false information;
  2. create an account for another person without permission;
  3. impersonate another person or business;
  4. sell, transfer, or assign your account without written permission from Bizinabox;
  5. create additional accounts to evade suspension, termination, limits, reviews, or enforcement action.

Bizinabox is not responsible for losses caused by unauthorized access to your account unless required by law.


4. User Websites

The Services may allow you to create, publish, and manage your own website using Bizinabox tools.

You are solely responsible for your user website, including:

  1. all content you upload, publish, display, or distribute;
  2. all products, services, claims, offers, prices, guarantees, policies, and representations on your website;
  3. compliance with all laws, rules, regulations, licenses, permits, disclosures, tax obligations, and industry requirements applicable to your business;
  4. your relationships with your customers, visitors, advertisers, affiliates, vendors, contractors, employees, or users;
  5. your own privacy policy, refund policy, shipping policy, disclaimers, disclosures, terms, and business policies where applicable.

Bizinabox provides tools, but Bizinabox does not become the owner, operator, seller, advertiser, employer, professional advisor, or legal representative for your business merely because you use the Services.


5. Subdomains, Custom Domains, and Website Availability

Bizinabox may allow users to publish websites using Bizinabox subdomains, custom domains, or connected domains.

You are responsible for:

  1. selecting and maintaining any domain name you use;
  2. ensuring your domain name does not infringe another person’s trademark, business name, or rights;
  3. maintaining domain registration, renewal, DNS settings, and third-party domain accounts;
  4. ensuring your custom domain is lawfully used;
  5. any loss of access caused by expired domains, incorrect DNS records, third-party registrar issues, or your failure to maintain domain settings.

Bizinabox may suspend or disable a subdomain, custom domain connection, or website if we believe it violates these Terms, creates legal risk, harms users or third parties, or may damage Bizinabox or its Services.

Bizinabox does not guarantee uninterrupted website availability, search engine rankings, traffic, sales, leads, revenue, or business results.


6. User Content

“User Content” means any content, material, data, text, images, graphics, logos, videos, audio, files, designs, templates, comments, posts, advertisements, guest blogs, website pages, business descriptions, profile information, links, messages, or other material that you submit, upload, create, publish, display, store, or transmit using the Services.

You retain ownership of your User Content, subject to the license you grant to Bizinabox in these Terms.

You represent and warrant that:

  1. you own or have the necessary rights, licenses, permissions, and authority to use and publish your User Content;
  2. your User Content does not violate these Terms;
  3. your User Content does not violate any law or third-party rights;
  4. your User Content is not fraudulent, deceptive, defamatory, infringing, harmful, unlawful, or abusive;
  5. your User Content does not contain malware, malicious code, or unauthorized tracking.

7. License You Grant to Bizinabox

By submitting, uploading, creating, publishing, or displaying User Content through the Services, you grant Bizinabox a non-exclusive, worldwide, royalty-free, sublicensable, transferable license to host, store, reproduce, display, publish, transmit, distribute, modify, adapt, reformat, index, cache, back up, and otherwise use your User Content as reasonably necessary to:

  1. provide the Services;
  2. host and display your website;
  3. operate community, forum, advertising, guest blog, design, and account features;
  4. provide customer support;
  5. protect the Services;
  6. comply with law;
  7. enforce these Terms;
  8. improve or maintain the platform.

This license does not give Bizinabox ownership of your User Content.

You understand that if you publish content publicly, it may be viewed, copied, indexed, saved, or shared by third parties outside Bizinabox’s control.


8. Bizinabox Content and Platform Rights

The Services, including Bizinabox software, code, templates, layouts, design tools, graphics, logos, documentation, text, business resources, user interface, features, functionality, trademarks, trade names, service marks, and other materials created or provided by Bizinabox, are owned by or licensed to Bizinabox and are protected by intellectual property laws.

Except as expressly permitted by Bizinabox, you may not:

  1. copy, sell, resell, lease, sublicense, or distribute Bizinabox software or platform materials;
  2. reverse engineer, decompile, or attempt to extract source code;
  3. remove copyright, trademark, or proprietary notices;
  4. use Bizinabox branding without permission;
  5. use Bizinabox templates or design elements outside the Services unless expressly allowed by your plan or written permission;
  6. claim ownership of Bizinabox platform tools, templates, or proprietary materials.

9. Logo Builder, Graphic Design Tools, and Generated Designs

Bizinabox may provide logo builder tools, graphic design tools, templates, images, layouts, icons, design elements, or other creative tools.

You are responsible for reviewing and clearing any logo, business name, slogan, design, image, or branding before using it commercially.

Bizinabox does not guarantee that any logo, design, name, graphic, or branding material created through the Services is unique, available, non-infringing, registrable as a trademark, or legally safe for your business.

You may not use Bizinabox design tools to:

  1. copy another company’s logo or branding;
  2. create counterfeit branding;
  3. imitate another business in a misleading way;
  4. falsely suggest sponsorship, endorsement, affiliation, or approval;
  5. infringe copyrights, trademarks, publicity rights, privacy rights, or other rights.

You are solely responsible for obtaining legal review, trademark clearance, copyright permissions, licenses, and approvals before using any design commercially.


10. Community, Forum, Comments, and Messaging Features

Bizinabox may provide community areas, forums, comments, messaging, profiles, groups, or other interactive features.

You are responsible for all content you post or send.

You agree not to use community or forum features to:

  1. harass, threaten, bully, stalk, or intimidate others;
  2. post hateful, abusive, defamatory, or discriminatory content;
  3. post spam, irrelevant promotions, repetitive advertisements, or deceptive links;
  4. impersonate another person or business;
  5. collect personal information from users without permission;
  6. post private information about another person;
  7. create fake engagement, fake reviews, fake testimonials, or manipulated discussions;
  8. evade moderation, suspension, or account restrictions;
  9. interfere with another user’s experience.

Bizinabox may moderate, remove, edit, restrict, or disable community content or accounts at its discretion.


11. Advertising, Guest Blogging, and Promotional Features

Bizinabox may allow users to place advertisements, submit guest blogs, promote services, publish contributed articles, or participate in promotional opportunities.

You are solely responsible for the truthfulness, legality, originality, and accuracy of any advertisement, guest post, promotional material, affiliate link, sponsored content, or business claim you submit.

You may not use Bizinabox advertising, guest blogging, or promotional features to publish:

  1. false or misleading claims;
  2. deceptive testimonials or endorsements;
  3. undisclosed sponsored content;
  4. undisclosed affiliate links or paid relationships;
  5. spam content;
  6. link schemes;
  7. keyword-stuffed or manipulative search-engine content;
  8. plagiarized content;
  9. infringing content;
  10. malware, redirects, or unsafe links;
  11. promotions for prohibited or restricted goods or services.

If your content includes endorsements, testimonials, sponsored content, affiliate links, free products, commissions, paid relationships, or other material connections, you are responsible for making clear and legally adequate disclosures.

Bizinabox may reject, remove, edit, label, disable, or refuse advertisements, guest posts, sponsored content, or promotional materials for any reason.


12. Payments, Packages, Subscriptions, and Billing

Certain Services may require payment.

By purchasing a package, subscription, plan, add-on, advertisement, domain-related service, or other paid feature, you authorize Bizinabox and its payment processors to charge the payment method you provide for applicable fees, taxes, and charges.

Unless otherwise stated at the time of purchase:

  1. fees are listed in U.S. dollars;
  2. fees are due when charged;
  3. recurring subscriptions renew automatically until canceled;
  4. you are responsible for keeping payment information current;
  5. failed payments may result in suspension or termination of paid features;
  6. Bizinabox may change prices prospectively after notice where required.

Refunds, if any, are governed by the refund policy posted at the time of purchase or otherwise provided by Bizinabox.

You are responsible for all taxes, duties, and governmental charges associated with your purchases or business activity, except taxes based on Bizinabox’s income.


13. Third-Party Services

The Services may integrate with or rely on third-party services, including payment processors, hosting providers, domain registrars, email providers, analytics providers, advertising networks, social media platforms, plugins, APIs, software tools, storage providers, or other third-party services.

Your use of third-party services may be subject to separate terms, policies, fees, and privacy practices.

Bizinabox is not responsible for third-party services, third-party outages, third-party content, third-party payment failures, third-party data practices, third-party changes, or third-party actions.


14. No Professional Advice

Bizinabox may provide business resources, educational content, templates, checklists, articles, blog posts, design suggestions, website tools, marketing ideas, or other informational materials.

Such materials are provided for general informational purposes only and do not constitute legal, tax, financial, medical, accounting, insurance, employment, regulatory, professional, or business advice.

You are responsible for consulting qualified professionals regarding your specific business, legal, tax, financial, medical, licensing, advertising, privacy, employment, or regulatory obligations.


15. Prohibited Activities

You may not use Bizinabox, any Bizinabox website builder tools, user websites, community areas, forums, advertising features, guest blogging features, logo tools, graphic design tools, account features, hosting features, domains, links, files, templates, or any other Services for any unlawful, harmful, abusive, deceptive, infringing, or unauthorized purpose.

You agree that you will not, and will not allow others to, use the Services or any content, website, account, advertisement, post, logo, image, design, file, link, listing, message, or material created, hosted, published, submitted, or distributed through the Services to do any of the following:


15.1 Violate the Law or Promote Illegal Activity

You may not use the Services for any activity that violates applicable federal, state, local, or international law, rule, regulation, order, or legal obligation.

This includes, but is not limited to:

  1. illegal sales;
  2. illegal services;
  3. fraud;
  4. scams;
  5. money laundering;
  6. tax evasion;
  7. unlawful solicitation;
  8. unlawful advertising;
  9. unlawful data collection;
  10. unlawful distribution of content;
  11. helping others violate the law.

15.2 Commit Fraud, Deception, or Impersonation

You may not create or promote websites, accounts, advertisements, posts, messages, logos, graphics, or content that are fraudulent, misleading, deceptive, or impersonate another person, business, brand, government agency, charity, financial institution, medical provider, legal provider, or organization.

This includes, but is not limited to:

  1. fake business websites;
  2. fake charities;
  3. fake investment opportunities;
  4. phishing pages;
  5. credential-harvesting pages;
  6. misleading “official” pages;
  7. false testimonials;
  8. fake reviews;
  9. false credentials;
  10. false licenses;
  11. fake guarantees;
  12. misleading income claims;
  13. misleading health claims;
  14. misleading legal or financial claims;
  15. content designed to trick people into giving money, passwords, personal information, financial information, or sensitive information.

15.3 Post or Promote Harmful, Abusive, or Unsafe Content

You may not post, upload, publish, advertise, link to, or distribute content that is threatening, harassing, abusive, defamatory, hateful, discriminatory, sexually exploitative, violent, invasive of privacy, or intended to harm, intimidate, exploit, or target another person or group.

This includes, but is not limited to:

  1. threats of violence;
  2. harassment or bullying;
  3. stalking or intimidation;
  4. doxxing or posting private personal information;
  5. content encouraging self-harm;
  6. content encouraging violence;
  7. content encouraging criminal conduct;
  8. child sexual abuse material or exploitation of minors;
  9. non-consensual intimate images;
  10. hate speech or discriminatory attacks;
  11. content that exploits vulnerable people.

15.4 Infringe Intellectual Property Rights

You may not use the Services to upload, copy, display, sell, distribute, advertise, or create content that infringes, misappropriates, or violates someone else’s copyright, trademark, trade dress, patent, publicity rights, privacy rights, moral rights, trade secrets, or other intellectual property or proprietary rights.

This applies to:

  1. websites;
  2. blog posts;
  3. guest posts;
  4. advertisements;
  5. logos;
  6. graphics;
  7. templates;
  8. images;
  9. videos;
  10. music;
  11. fonts;
  12. product images;
  13. business names;
  14. slogans;
  15. brand names;
  16. design elements;
  17. downloadable materials.

You may not use Bizinabox to copy another company’s logo, mimic a protected brand, create counterfeit branding, or falsely suggest affiliation with another business.


15.5 Misuse Advertising, Guest Blogging, or Promotional Features

You may not use Bizinabox advertising, guest blogging, community, directory, or promotional features to publish or distribute:

  1. spam;
  2. deceptive advertisements;
  3. fake endorsements;
  4. undisclosed sponsored content;
  5. false claims;
  6. misleading affiliate promotions;
  7. link schemes;
  8. malware redirects;
  9. plagiarized articles;
  10. mass-produced low-quality content;
  11. content created primarily to manipulate search engines;
  12. irrelevant promotional posts;
  13. unlawful commercial messages.

You are responsible for making required disclosures for paid promotions, affiliate links, sponsorships, endorsements, testimonials, free products, commissions, or other material connections.


15.6 Sell or Promote Prohibited or Restricted Goods and Services

You may not use the Services to sell, advertise, promote, facilitate, or provide access to goods or services that are illegal, heavily regulated, unsafe, deceptive, or inappropriate for the platform unless expressly approved by Bizinabox in writing.

Prohibited or restricted categories may include, without limitation:

  1. illegal drugs, controlled substances, or drug paraphernalia;
  2. counterfeit goods;
  3. stolen goods;
  4. weapons, explosives, or instructions for illegal weapon use;
  5. gambling, betting, lotteries, or sweepstakes that are not legally compliant;
  6. adult sexual content, escort services, or sexually explicit services;
  7. fraudulent investment, credit repair, debt relief, loan, or financial schemes;
  8. pyramid schemes, Ponzi schemes, or abusive multi-level marketing activity;
  9. fake medical cures or unsafe health claims;
  10. unlicensed medical services;
  11. unlicensed legal services;
  12. unlicensed financial, insurance, tax, or professional services;
  13. products or services that exploit children, seniors, patients, disabled persons, immigrants, financially distressed persons, or other vulnerable people;
  14. hate-related products or services;
  15. malicious software, hacking tools, spyware, or surveillance tools intended for misuse;
  16. any product, service, or activity that Bizinabox determines creates unacceptable legal, regulatory, reputational, technical, or safety risk.

15.7 Violate Privacy or Collect Information Improperly

You may not use the Services to collect, store, post, sell, share, transfer, or misuse personal information without proper legal authority, consent, disclosures, and safeguards.

You may not:

  1. harvest email addresses, phone numbers, or contact information;
  2. collect passwords or login credentials;
  3. collect Social Security numbers, financial information, medical information, children’s information, or sensitive information without proper legal compliance;
  4. sell or share personal information unlawfully;
  5. post another person’s private information without permission;
  6. track users unlawfully;
  7. use hidden tracking, scraping, or surveillance tools unlawfully;
  8. violate privacy, data protection, email marketing, text messaging, consumer protection, or children’s privacy laws.

If your user website collects personal information, you are responsible for providing any required privacy notices, consent mechanisms, security measures, and legal disclosures.


15.8 Abuse Community, Forum, Messaging, or Account Features

You may not use community areas, forums, comments, profiles, messages, groups, or user accounts to:

  1. harass, threaten, bully, stalk, or intimidate others;
  2. post hate speech or discriminatory content;
  3. spam users;
  4. advertise without permission;
  5. post irrelevant promotional content;
  6. manipulate discussions;
  7. create fake engagement;
  8. scrape users;
  9. collect personal information without permission;
  10. interfere with another user’s experience;
  11. create fake accounts;
  12. impersonate another person or business;
  13. operate bot accounts;
  14. mass post;
  15. post repetitive promotional content;
  16. create fake reviews or testimonials;
  17. manipulate votes, rankings, likes, comments, or visibility;
  18. evade suspension by creating new accounts.

15.9 Abuse the Platform Technically

You may not interfere with, disrupt, damage, reverse engineer, overload, scan, attack, bypass, or misuse Bizinabox systems, security, hosting, software, APIs, storage, networks, or infrastructure.

You may not:

  1. upload malware, viruses, spyware, ransomware, worms, Trojan horses, or malicious code;
  2. create phishing kits or credential-harvesting pages;
  3. attempt hacking or unauthorized access;
  4. conduct denial-of-service attacks;
  5. scan or test vulnerabilities without written permission;
  6. scrape, crawl, harvest, or extract data without permission;
  7. bypass access controls;
  8. bypass account limits, plan limits, usage limits, or security measures;
  9. use the Services to send spam;
  10. use excessive bandwidth, storage, automation, or server resources;
  11. attempt to access another user’s account, website, files, data, admin area, or private content;
  12. interfere with backups, hosting, monitoring, logging, or platform security;
  13. use bots, scripts, automation, or bulk tools in a manner that harms the Services.

15.10 Misuse Templates, Logos, Graphics, or Generated Content

You may not use Bizinabox templates, graphics, design tools, logo tools, website layouts, generated content, or design materials in a way that:

  1. violates another person’s rights;
  2. misleads consumers;
  3. creates counterfeit branding;
  4. falsely suggests sponsorship, approval, endorsement, or affiliation;
  5. violates Bizinabox’s license terms;
  6. copies another business’s brand identity;
  7. creates deceptive business materials;
  8. infringes copyrights, trademarks, privacy rights, publicity rights, or other rights.

You are responsible for reviewing and clearing any logo, business name, slogan, design, or branding before using it commercially.


15.11 Send Spam or Unsolicited Communications

You may not use Bizinabox to send, facilitate, publish, or collect information for spam, bulk unsolicited messages, misleading commercial messages, unwanted advertising, or automated outreach that violates applicable law or platform rules.

This applies to:

  1. email;
  2. contact forms;
  3. forums;
  4. comments;
  5. community messages;
  6. guest posts;
  7. advertisements;
  8. website links;
  9. direct messages;
  10. lead generation forms;
  11. promotional campaigns.

15.12 Misrepresent Professional Qualifications or Outcomes

You may not use the Services to falsely claim licenses, credentials, certifications, professional status, guaranteed outcomes, earnings, health results, legal results, financial results, tax results, business results, or other claims that cannot be substantiated.

This applies to, without limitation:

  1. business coaching;
  2. financial-adjacent services;
  3. legal-adjacent services;
  4. health or wellness services;
  5. nutrition or weight-loss services;
  6. education or training services;
  7. work-from-home opportunities;
  8. income opportunities;
  9. medical or therapy-adjacent services;
  10. consulting services.

15.13 Harm Bizinabox, Users, or Third Parties

You may not use the Services in any way that may harm Bizinabox, its users, visitors, customers, infrastructure, reputation, payment processors, hosting providers, partners, service providers, or third parties.

Bizinabox may determine, in its discretion, whether conduct violates this section.


16. Enforcement of Prohibited Activities

Bizinabox may investigate suspected violations of these Terms.

Bizinabox may, with or without notice:

  1. remove content;
  2. disable websites;
  3. suspend or terminate accounts;
  4. restrict access to features;
  5. remove advertisements;
  6. remove guest posts;
  7. remove community posts;
  8. refuse service;
  9. block domains;
  10. disable links;
  11. preserve evidence;
  12. report suspected unlawful conduct to law enforcement, regulators, payment processors, hosting providers, domain registrars, or other appropriate third parties.

Bizinabox is not required to monitor all user content, but reserves the right to review, moderate, remove, or disable access to any content, website, account, advertisement, post, or material at any time if Bizinabox believes, in its discretion, that the content or activity violates these Terms, creates legal risk, harms users or third parties, or may damage the platform.


17. Copyright Complaints and DMCA Policy

If you believe content hosted through Bizinabox infringes your copyright, you may submit a copyright complaint to Bizinabox’s designated copyright contact.

Copyright Agent: Bizinabox, LLC
Address: 148 S. Jones Blvd., Las Vegas, NV 89107

Your notice should include:

  1. your physical or electronic signature;
  2. identification of the copyrighted work claimed to be infringed;
  3. identification of the material claimed to be infringing and information reasonably sufficient to locate it;
  4. your contact information;
  5. a statement that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law;
  6. a statement that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Bizinabox may remove or disable access to allegedly infringing material and may terminate repeat infringers where appropriate.

This section should be supplemented by a separate DMCA Policy if Bizinabox hosts user-generated websites, blogs, graphics, or forum content.


18. Privacy

Your use of the Services is also governed by the Bizinabox Privacy Policy, which describes how Bizinabox collects, uses, stores, and shares information.

You are responsible for your own privacy obligations related to your user website, business, visitors, customers, forms, email lists, analytics, advertising, cookies, and data collection.

If your website collects personal information, you may be required to provide your own privacy policy, cookie notice, consent disclosures, email marketing disclosures, or other notices required by law.


19. Backups and Data Loss

Bizinabox may maintain backups for operational purposes, but Bizinabox does not guarantee that any user website, User Content, file, design, account data, post, message, advertisement, guest blog, or other data will always be available, recoverable, or preserved.

You are responsible for maintaining your own copies and backups of important content, files, business records, customer information, graphics, logos, website copy, blog posts, advertisements, and other materials.

Bizinabox is not liable for data loss, content loss, website downtime, business interruption, or lost revenue except where liability cannot be excluded by law.


20. Suspension and Termination

Bizinabox may suspend or terminate your account, website, access, subscription, or use of the Services if:

  1. you violate these Terms;
  2. you fail to pay amounts owed;
  3. your conduct creates legal, security, operational, reputational, or financial risk;
  4. your website or content violates the Prohibited Activities section;
  5. required by law, court order, payment processor, hosting provider, domain registrar, or governmental authority;
  6. Bizinabox discontinues a Service or feature.

Upon suspension or termination, you may lose access to your account, website, content, files, templates, ads, posts, designs, or other materials.

Bizinabox may delete content associated with suspended or terminated accounts, subject to legal obligations and internal retention practices.

Sections that by their nature should survive termination will survive, including ownership, licenses, payment obligations, disclaimers, limitation of liability, indemnification, arbitration, governing law, and enforcement provisions.


21. Disclaimers

The Services are provided on an “as is” and “as available” basis.

To the fullest extent permitted by law, Bizinabox disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, reliability, security, and uninterrupted operation.

Bizinabox does not guarantee that:

  1. the Services will be uninterrupted, secure, or error-free;
  2. user websites will always be available;
  3. templates or tools will meet your needs;
  4. designs, logos, or graphics will be unique or legally protectable;
  5. your website will generate traffic, customers, leads, sales, income, revenue, search engine ranking, or business success;
  6. errors will be corrected;
  7. third-party services will remain available;
  8. content will be preserved or recoverable.

You use the Services at your own risk.


22. Limitation of Liability

To the fullest extent permitted by law, Bizinabox and its owners, members, managers, officers, employees, contractors, agents, affiliates, licensors, service providers, and partners will not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages, including lost profits, lost revenue, lost business opportunities, lost data, loss of goodwill, business interruption, website downtime, reputational harm, or cost of substitute services, even if advised of the possibility of such damages.

To the fullest extent permitted by law, Bizinabox’s total liability for any claim arising out of or relating to the Services or these Terms will not exceed the greater of:

  1. the amount you paid to Bizinabox for the Services giving rise to the claim during the three months before the event giving rise to liability; or
  2. one hundred dollars.

Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you.


23. Indemnification

You agree to defend, indemnify, and hold harmless Bizinabox and its owners, members, managers, officers, employees, contractors, agents, affiliates, licensors, service providers, and partners from and against any claims, damages, losses, liabilities, costs, expenses, demands, actions, investigations, penalties, fines, settlements, and fees, including reasonable attorneys’ fees, arising out of or related to:

  1. your use of the Services;
  2. your User Content;
  3. your user website;
  4. your products, services, advertisements, guest posts, promotions, or business activities;
  5. your violation of these Terms;
  6. your violation of law;
  7. your violation of third-party rights;
  8. your privacy, data, advertising, consumer protection, tax, licensing, or regulatory obligations;
  9. disputes between you and your customers, users, visitors, advertisers, affiliates, vendors, employees, contractors, or third parties.

Bizinabox may control the defense of any matter subject to indemnification, and you agree to cooperate with Bizinabox’s defense.


24. Dispute Resolution, Arbitration, Class Action Waiver, and Jury Trial Waiver

Please read this section carefully. It affects your legal rights.


24.1 Informal Dispute Resolution

Before filing a claim, lawsuit, arbitration, or other proceeding, you and Bizinabox agree to first try to resolve the dispute informally.

The party raising a dispute must send written notice describing the dispute, the requested relief, and contact information.

Notices to Bizinabox must be sent to:

Bizinabox LLC
148 S. Jones Blvd., Las Vegas, NV 89107

Bizinabox may send notices to you using the email address associated with your account.

The parties will have 30 days after receipt of the notice to attempt to resolve the dispute informally.


24.2 Agreement to Arbitrate

Except for the exceptions listed below, you and Bizinabox agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, your account, your website, your content, your purchase, your subscription, your use of Bizinabox tools, or your relationship with Bizinabox will be resolved by binding individual arbitration rather than in court.

This agreement to arbitrate includes claims based in contract, tort, statute, fraud, misrepresentation, consumer protection, privacy, advertising, intellectual property, negligence, equity, or any other legal theory, whether arising before or after the effective date of these Terms.

The arbitration will be governed by the Federal Arbitration Act and, to the extent not inconsistent with federal law, the laws of the State of Idaho.


24.3 Arbitration Provider and Rules

The arbitration will be administered by the American Arbitration Association, or another mutually agreed arbitration provider, under the applicable consumer or commercial arbitration rules then in effect.

If the American Arbitration Association is unavailable or refuses to administer the arbitration, the parties will work in good faith to select another neutral arbitration provider. If the parties cannot agree, a court of competent jurisdiction may appoint an arbitrator.


24.4 Arbitration Location and Format

Unless the parties agree otherwise, arbitration may be conducted:

  1. by video conference;
  2. by telephone;
  3. by written submissions;
  4. in person in Idaho; or
  5. in another manner ordered by the arbitrator.

For consumer claims, the arbitration format and location will be selected in a manner that does not impose unreasonable cost or travel burdens on the consumer.


24.5 Arbitration Fees and Excessive Costs

Bizinabox will pay arbitration filing, administrative, case-management, hearing, and arbitrator fees to the extent those fees exceed the amount you would have been required to pay to file the same claim in a court of general jurisdiction in Idaho, unless the arbitrator determines that your claim was frivolous, filed in bad faith, brought for an improper purpose, or asserted in violation of applicable law.

If applicable arbitration rules require Bizinabox to pay a greater portion of arbitration fees, Bizinabox will comply with those rules.

Each party will pay its own attorneys’ fees and costs unless a statute, contract, or arbitrator’s award allows recovery of attorneys’ fees or costs.

Nothing in this section prevents the arbitrator from reallocating fees or costs if permitted by applicable law and arbitration rules.


24.6 Exceptions to Arbitration

The following disputes are not required to be arbitrated:

  1. claims that may be brought in small claims court;
  2. claims seeking temporary or preliminary injunctive relief to prevent unauthorized use, abuse, infringement, security threats, or misuse of the Services;
  3. claims involving infringement or misuse of Bizinabox intellectual property;
  4. claims involving unauthorized access, hacking, phishing, malware, or technical abuse;
  5. claims that applicable law does not allow to be arbitrated;
  6. claims for sexual assault or sexual harassment where applicable law allows the claimant to choose court instead of arbitration.

Either party may seek emergency or temporary injunctive relief in court to protect rights, prevent harm, or preserve the status quo while arbitration proceeds.


24.7 No Class Actions

You and Bizinabox agree that each may bring claims against the other only on an individual basis and not as a plaintiff, class member, or representative in any class, collective, consolidated, mass, representative, private attorney general, or similar proceeding.

The arbitrator may not consolidate more than one person’s claims and may not preside over any class, collective, consolidated, mass, representative, or private attorney general proceeding unless both you and Bizinabox agree in writing.

If this class action waiver is found unenforceable as to a particular claim or request for relief, then that claim or request for relief may proceed in court, but the remainder of the claims will be arbitrated to the fullest extent permitted by law.


24.8 Jury Trial Waiver

To the fullest extent permitted by law, you and Bizinabox knowingly and voluntarily waive any right to a trial by jury for any dispute, claim, or controversy arising out of or relating to these Terms or the Services.


24.9 Opt-Out of Arbitration

You may opt out of the arbitration agreement in this Section 24 by sending written notice to Bizinabox within 30 days after you first agree to these Terms.

Your opt-out notice must include:

  1. your full name;
  2. the email address associated with your account;
  3. a clear statement that you opt out of the arbitration agreement;
  4. your signature, if sent by mail, or a clear electronic signature if sent by email.

Opt-out notices must be sent to:

Bizinabox LLC Arbitration Opt-Out
148 S. Jones Blvd., Las Vegas, NV 89107

Opting out of arbitration does not affect any other part of these Terms.


25. Governing Law

These Terms and any dispute arising out of or relating to these Terms or the Services will be governed by the laws of the State of Idaho and applicable United States federal law, without regard to conflict-of-law rules.

The Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement in Section 24.


26. Venue for Court Proceedings

For disputes that are not subject to arbitration, you and Bizinabox agree that the exclusive venue will be the state or federal courts located in Idaho, unless applicable law requires otherwise.

You and Bizinabox consent to personal jurisdiction in those courts.


27. Changes to the Services

Bizinabox may modify, update, suspend, discontinue, or remove any part of the Services at any time, including features, tools, templates, plans, prices, community features, advertising features, guest blogging features, design tools, hosting features, or account functions.

Bizinabox is not liable for changes, suspensions, or discontinuation of Services except where required by law.


28. Changes to These Terms

Bizinabox may update these Terms from time to time.

When changes are made, Bizinabox may post the updated Terms on the website, update the “Last Updated” date, or provide additional notice where required.

Your continued use of the Services after updated Terms become effective means you accept the updated Terms.

If you do not agree to updated Terms, you must stop using the Services.

Material changes to the arbitration agreement will not apply retroactively to disputes for which the parties had actual notice before the change, unless allowed by law.


29. Electronic Communications

By using the Services, you consent to receive electronic communications from Bizinabox, including emails, account notices, billing notices, legal notices, service announcements, and other communications.

You agree that electronic communications satisfy any legal requirement that communications be in writing.


30. Assignment

You may not assign or transfer these Terms or your account without Bizinabox’s prior written consent.

Bizinabox may assign or transfer these Terms, in whole or in part, in connection with a merger, acquisition, sale of assets, reorganization, change of control, or by operation of law.


31. Severability

If any provision of these Terms is found invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.

The invalid, illegal, or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable, unless prohibited by law.


32. No Waiver

Bizinabox’s failure to enforce any provision of these Terms does not waive Bizinabox’s right to enforce that provision later.

Any waiver must be in writing and signed by Bizinabox.


33. Entire Agreement

These Terms, together with any policies, order forms, subscription terms, privacy policy, acceptable use policy, community guidelines, advertising policies, guest post policies, DMCA policy, or other terms incorporated by reference, form the entire agreement between you and Bizinabox regarding the Services.

These Terms supersede any prior or contemporaneous agreements regarding the Services.


34. Contact Information

Questions about these Terms may be sent to:

Bizinabox LLC
148 S. Jones Blvd., Las Vegas, NV 89107