Terms of Service

The WhyDev website and network (collectively, "WhyDev" or "the Service") are operated by WhyDev, Inc. By accessing or using www.WhyDev.com or the mobile version thereof (together the "Site"), you (the "User") signify that you have read, understand and agree to be bound by these Terms of Service ("Terms" or "Agreement"). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms at any time without further notice. If we do this, we will post the changes to these Terms on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms and to review such changes. You can review the most current version of the Terms of Service at any time at: www.whydev.com/terms-of-service.

Date of Last Revision: November 1, 2009.

Account Terms

You must be 13 years or older to use this Service.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
You are responsible for maintaining the security of your account and password. WhyDev cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
If you are using a free account you are not permitted to block ads.
One person or legal entity may not maintain more than one free account.
Owners of WhyDev free accounts, should login to their Admin view and use the account at least once every 6 months to keep their account active. Accounts with no activity for 6 months will be considered inactive. WhyDev reserves the right to take away the free upgrades of inactive accounts and delete inactive accounts, following an email notification.

Free Trial Periods

WhyDev offers a free trial on some of its services. If you cancel your paid account prior to the processing of your first invoice, you will not be charged. If you cancel after the trial period has ended, you won’t be charged again, but you are responsible for whatever charges have already been incurred for the current billing period.

Payment, Cancellation and Refunds

By signing up for a paid account, you are agreeing to the monthly fee which will be automatically charged to the payment method you specify.
A valid credit card is required for paying accounts. Failure to provide a valid payment method will result in your account being closed and all access to your website cancelled.
Free accounts are not required to provide a credit card number.
The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
You can cancel your account at any time and you will no longer be charged going forward.
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation.
All of your content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

Upgrading and Downgrading

For any upgrade or downgrade in package level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
Downgrading your Service may cause the loss of Content, features, or capacity of your Account. WhyDev does not accept any liability for such loss.
An upgrade from the free package to any paying package will end your free trial. You will be billed for your first month immediately upon upgrading.
Upgrades from free accounts do not qualify for free trials. If you upgrade from a free to a paying account you’ll be charged for your first month when you upgrade.

Modifications to the Service and Prices

WhyDev reserves the right at any time and from time to time to temporarily or permanently, modify or discontinue, the Service (or any part thereof) with or without notice.
WhyDev reserves the right to change prices without prior notification as long as the fees for current accounts remain at the rates that were active at the time of subscription. Changes to the rates affecting existing accounts will be made only after timely notification to all WhyDev users. Such notifications will be posted on the WhyDev Site (WhyDev.com) and sent via email to the email address each customer has provided during registration.
WhyDev shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

User License

A user license is granted when signing up for any of the WhyDev services. The license is granted for the period that is paid for in advance. WhyDev can sell the Service repeatedly to other customers and you do not have access or rights to any source files. The user license provides you with the right to use the service operated on WhyDev's servers. Users retain full copyright ownership and all related rights for materials published or uploaded to any of the WhyDev services. WhyDev retains full copyright ownership and all related rights for all designs that are part of the WhyDev service. Using the built-in designs or elements outside the WhyDev Service is not permitted, unless a special license is purchased from WhyDev.

Ownership

WhyDev.com and its licensors and third party content providers retain all rights and title to, and interest in all of the information, content, data, designs, software, materials, and all copyrights, patent rights, trademark rights, and other proprietary rights thereto provided pursuant to this Agreement. Except as expressly provided herein, no right or license, with respect to any copyrights, patent rights, trademark rights, or other proprietary rights, is granted under this Agreement. All rights not expressly granted hereunder by WhyDev.com are expressly reserved to WhyDev.com and its licensors and information and content providers. Under no circumstances shall any part of the Services be physically transferred to Client, nor shall Client be entitled to a license to the underlying software.

General Conditions

WhyDev may, at its sole discretion, choose to showcase on its website, projects the WhyDev team has worked on, or is working on, including screenshots, a link to the live website, a summary of WhyDev role in regards to the project, etc. The client must understand and agree that we are in no way committed to displaying, or linking to, their website(s) or online project(s) on our website, but that we may choose to do so, at our sole discretion.
WhyDev does not assume any responsibility or liability for the content of the solutions it designs and/or hosts. WhyDev has no control over any information, materials, or products found thereon.
Because of the nature of web development and programming work, websites always appear differently on different computers. Screen resolution, operating system, and browsing software are just a few examples of variables that may affect the way a website looks. The client must be aware of these possible variations and WhyDev will not be held responsible for them.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
You understand that WhyDev uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, WhyDev, or any other WhyDev service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Service, use of the Site or Service, or access to the Site or Service without the express written permission by WhyDev.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any WhyDev customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMS, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
If your bandwidth usage exceeds your selected package allowance, or significantly exceeds the average bandwidth usage (as determined solely by WhyDev) of other WhyDev customers, we reserve the right to immediately disable your account or throttle your web hosting until you can reduce your bandwidth consumption.
WhyDev does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

Trademarks

WhyDev, and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of WhyDev in the U.S. and/or other countries. WhyDev's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of WhyDev.

Branding

All interface components within the Services may be Client-branded and may display Client's name, logo, trademarks, and service marks as Client shall specify from time to time within the designated area of the pages hosted by WhyDev.com (collectively, the "Services Pages"), using the automated features included in the Services. Notwithstanding the foregoing, WhyDev.com may prominently display on all Services Pages, emails, or other communications generated by or in conjunction with the Services WhyDev.com's name, logo, trademarks, and service marks, and a phrase substantially similar to "powered by WhyDev.com" or such other phrase as WhyDev.com may specify from time to time, as well as any names, logos, trademarks, or services marks of third party co-branding partners of WhyDev.com.

WhyDev provides websites built by WhyDev employees as well as freelance designers and developers. We contractually prohibit our designers and developers from using materials that infringe on third party intellectual property rights (such as copyright, trademark, trade dress and right of publicity) in their designs. We encourage intellectual property rights owners to contact us if they believe that a designer has infringed on their rights. We will (in our discretion) remove the website in question from our website and if the designer or developer continues to infringe on your rights (or infringes on the rights of others) we will terminate our agreement with them. To be effective, the notification of claimed infringement must be a written communication and must include the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit WhyDev to locate the material.
Information reasonably sufficient to permit WhyDev to contact the complaining party, such as an address, telephone number and if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Limitation on Liability

In no event will WhyDev be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for and lost profits or lost data arising from your use of the Site or the Service. Notwithstanding anything to the contrary contained herein, WhyDev's liability to you for any cause whatsoever, and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to WhyDev for the Service during the term of membership, but in no case will WhyDev's liability to you exceed $1,000. You acknowledge that if no fees are paid to WhyDev for the Service, you shall not be entitled to damages of any kind from WhyDev, regardless of the cause of action.

Indemnity

You agree to indemnify and hold WhyDev, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site (including through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to WhyDev are non-confidential and shall become the sole property of WhyDev. WhyDev shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Termination

WhyDev may terminate your subscription, delete your account and prohibit you from using or accessing the Service or the Site or any Application (or any portion, aspect or feature of the Service or the Site or any Application) for any reason, or no reason, at any time in its sole discretion, with or without notice.

Other

These Terms of Service constitute the entire agreement between you and WhyDev regarding the use of the Site and/or the Service, superseding any prior agreements between you and WhyDev relating to your use of the Site or the Service. The failure of WhyDev to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Questions

If you have any questions about these terms, or you would like to inquire about any information, please email us at support@whydev.com.