Effective: January 15, 2023
Please read these Terms of Service (collectively with our Privacy Policy) fully before using nocturnalsites.com (the “Site”) and the services, features, content, or applications offered by Nocturnal Web Services LLC (“Nocturnal”, “We”, “Us” or “Our”) (together with the Site, the “Services”). These Terms of Service set forth the legally binding terms and conditions for your use of the Site and the Services.
Acceptance of Terms
By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you to the extent permitted by applicable law.
Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
Eligibility
You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules, and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
Registration for an Account
To enjoy all the benefits of the Services, you must register for an account (an “Account”). Simply fill out the registration form on the Register page. You have the option to sign up for three different Membership Subscriptions; Standard, eCommerce, and eCommerce Pro. If you elect to sign up for a Membership Subscription, we will continue to charge your credit card on a recurring basis per the subscription plan you signed up for, as described below. All information that you provide to register with Nocturnal is subject to Nocturnal’s Privacy Policy. You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to cancel your Membership Subscription and have your Account deleted by contacting us at hello@nocturnalsites.com.
Ownership of Website Contents
As between Customer and Nocturnal, all Content provided by Customer to Nocturnal for inclusion in the Website shall remain the sole and exclusive property of Customer. Customer acknowledges that all provided Content is owned by Customer or that Customer has a legal right to such Content. Content provided by Nocturnal as part of a website service plan, including but not limited to HTML coding, scripting, website page design, form layouts, logo, page copywriting, blog posts, images, etc. is owned in its entirety by Nocturnal.
Customer shall be granted rights to the domain name Customer selects for use with the Website (the “Domain Name”) as long Customer maintains an active Membership Subscription. However, Nocturnal makes no representations whatsoever with respect to the rights to any Domain Name that Customer provides for use with the Services. Nocturnal can also not guarantee the availability of any desired Domain Name. A Domain Name purchased by Nocturnal as part of a Membership Subscription is owned in its entirety by Nocturnal. Nocturnal reserves the right to cancel and abandon the renewal of any Domain Name if the associated Membership Subscription has been terminated.
Nocturnal shall also have the right to display your Website on its online properties as an example of the design work Nocturnal is able to provide for its customers. No Customer shall have the right to copy or transfer a completed Nocturnal website to another service or provider.
Modifications
Every Nocturnal Membership Subscription includes unlimited revisions during the development of a website. Nocturnal will also host and maintain websites as part of the monthly Membership Subscription. Modifications to websites will be made as needed and as requests are received from You via the private member dashboard. No other parties except Nocturnal shall have access to a website or server backend.
Membership
At the time of initial registration for your Account, you have the option to sign up for a subscription through the Site (the “Membership Subscription”) and become a member of Nocturnal (“Member”). Members will receive web design services based on the Membership Subscription they select at registration. Members will be charged a recurring monthly fee indicated at the time the Member signs up for the Membership Subscription (“Subscription Charge”).
You agree to be bound by the terms and restrictions of the plan you select at the time of initial registration or time of account transition from one plan to another.
You may cancel your plan at any time.
Suspension and/or Termination
In the event that we are unable to charge the payment method on file for your Membership Subscription, we will contact you with instructions on how to update your payment method. If an updated payment method is not received within 5 days your Membership Subscription will be suspended and your website service deactivated. Your Membership Subscription will be reactivated once the payment due is received. If a suspended account is not brought up current within 30 days your Membership Subscription will be terminated.
You agree that in the event you terminate your subscription or your Membership Subscription is terminated due to failed payments, you will lose access to your website and custom email address immediately and all of its contents will be deleted within 30 days from the termination date. During that 30-day period you can reactivate your Membership Subscription and your website will be restored. If your Membership Subscription is not reactivated after the 30-day period, all of the website content and custom email address will be permanently deleted.
Upgrading / Downgrading of Subscription Plans
You can Upgrade or Downgrade a plan at any time.
Upgrading: To upgrade to a different plan, you will be charged the prorated difference between plans for the remainder of your current billing cycle. Your subscription will be modified to auto-bill your credit card on file for the new amount upon the next billing cycle. There are no additional fees to upgrade your plan.
Downgrading: Downgrading to a different plan requires 15-days notice prior to the next billing cycle to accommodate the time required to transition and format the site content, images, videos, plugin/plugins, templates, etc. to work within the confines of the reduced offerings provided in the newly assigned plan. Your subscription will be modified to auto-bill your credit card on file for the new amount upon the next billing cycle. There are no additional fees to downgrade your plan.
NOCTURNAL RESERVES THE RIGHT TO AMEND ANY PORTION OF THE INCORPORATED AGREEMENTS WITH OR WITHOUT NOTICE. IT IS THE CUSTOMER’S RESPONSIBILITY TO REVIEW ALL NOCTURNAL POLICIES FREQUENTLY TO ENSURE COMPLIANCE.
Contact Us
If you have any questions about the Terms of Service as detailed above, You can contact us using the form below: