Terms of Service

Information regarding Frugal Beluga, LLC’s services

The following Terms of Service Agreement (“Agreement”) is an agreement between Frugal Beluga, LLC (“Frugal Beluga”, “we”, “us” or “our”) and You (“You, “Your” or “User”) that governs Your use of websites, products, and services provided by or offered through Frugal Beluga (collectively, “Services”). This Agreement is designed to be as clear as possible, but feel free to get in touch with our support team should You have any questions or suggestions.

Agreement

Using Frugal Beluga’s Services or by using our Services in any way shall constitute Your agreement to this Terms of Service Agreement.

This Agreement represents the entire agreement between You and us and supersedes any other agreements or communications between You and us.

This Agreement is valid for an indefinite term. Should You have a Frugal Beluga account, this Agreement will remain in full force regardless of whether You are actively accessing the Services.

Some services may be offered through third parties.  In such a case, Your use of those services may also entail an agreement to their terms of service.

Accounts

You do not need to have a Frugal Beluga account to view the Frugal Beluga website, however, to use some of our Services, an account is required. To create an account, You must have a valid email address and You will need to be 18 years of age or older. The information You provide while creating or updating Your account must be accurate.

While we employ a number of security techniques on our end, the security of Your email address and password (“Login Credentials”) lies solely with You. You agree to not hold Frugal Beluga responsible for any unauthorized access of Your account.

At our sole discretion, Your account is subject to removal / deactivation / suspension / etc. at any time, without prior notice, and without refund.

Personal Information

Frugal Beluga may collect information while using our Services, including, but not limited to, when You sign up for an account with Frugal Beluga. Our use of such information is explained in our Privacy Policy, which you can read below.

Restricted Uses

You are free to use our Services for most community-related purposes, with certain restrictions.

By using our Services, You agree not to use our Services to:

  1. Engage in illegal activities;
  2. Upload, distribute, or display content that is abusive, obscene, threatening, defamatory or illegal in any way;
  3. Upload, distribute, or display adult content including, but not limited to, pornography;
  4. Upload, distribute, or display content that infringes on any copyright, patent, trademark, or intellectual property; or,
  5. Create websites with the primary purpose of file-sharing.

You understand that the above list is not exhaustive, and that other activities or uses of our Services may be deemed prohibited by Frugal Beluga and/or by state or federal law. We maintain a zero-tolerance policy toward these restrictions.  Any infringement of these restrictions will lead to immediate action by Frugal Beluga, including, but not limited to, deletion of Your account, content, files, etc. and blocking current or future access to our Services.

Community Designated Representatives

Each community using our Services designates at least one representative who has expanded responsibilities, as described in this Agreement. The responsibilities may include overseeing the billing, moderating content and more. Whoever the current designated representatives are at a given time have the exclusive authority to manage the website and our Services. The community may also designate representatives who have limited responsibilities, such as just overseeing the billing. Our Services make it clear when a user is given these responsibilities.

If You are designated a representative for Your community, You agree to fulfill these expanded responsibilities as described in this Agreement.

Copyright Infringements

By uploading, distributing or displaying information, files, data, etc., of any kind, You agree that the content is Your property or that You have the proper authority to use such content, and that the content is not infringing on any copyrights, patents, trademarks, trade secrets, or intellectual property of any sort. If You have a concern about a copyright infringement on a Frugal Beluga website, please contact Frugal Beluga immediately.

If a community is a repeat infringer by using copyrights, patents, trademarks, trade secrets, or intellectual property materials, we reserve the right to terminate all services provided to the community at any time.

For DMCA takedown notices, please contact our designated agent.

Free Trial

Frugal Beluga offers You one 30-day free trial of our premium plan for one website, to allow You to try out the features of our website building platform without obligation to purchase. No payment information is collected during the free trial, but to continue using the premium plan after the free trial expires, You will need to subscribe and provide payment information. If You do not subscribe, You understand that Your website will be downgraded to the free plan, and You will lose access to some premium only features.

Billing

Billing is in the form of electronic payments or mailed checks. Most of our Services are subscription based, meaning that we will continue to charge the payment method associated with that subscription on a yearly basis. Checks must be mailed in time for it to be received by the date it is due. The community’s designated representative agrees to pay the fees accrued by using our Services on the date they are due, and acknowledge that failure to do so may entail suspension or deactivation of Services. We reserve the right to indefinitely attempt subsequent charges if the first charge fails.

When making payments, the payee does not gain any right to become a designated representative with expanded authority, whether at the time of the payment or in the future. Similarly, if the payee is already a designated representative at the time of their payment, this user does not gain any right to remain a designated representative going forward. In addition, because our services are licensed, not sold (see “Intellectual Property” section), no payment establishes any concept of ownership over the website or Services.

To ensure that billing is not interrupted, the community’s designated representative is responsible for updating the payment information on file with us.

You agree to not hold Frugal Beluga responsible for any fee(s) incurred from a banking institution or third party as a result of our billing.

Refunds

Websites subscription payments are non-refundable unless Frugal Beluga, in its sole discretion, should choose to do so.  Under no circumstance is Frugal Beluga required to refund any payment.

Domains

Domains under the management of Frugal Beluga are owned by the community to which the domain is assigned. In this context, “owned” means that You and Your community have the exclusive right to use the domain name with its Frugal Beluga powered community website.  “Owned” also means that You, or another designated representative of the community, have the exclusive right to transfer management of the domain to another person or entity while the domain is in use through a Frugal Beluga website or Services. If a domain name expires, the domain will be no longer be assigned to any community and all rights to the use and transfer of the domain will be revoked.

For communities with an active website subscription, all domain purchases by Frugal Beluga made on Your behalf will be charged to You as set out in the Pricing and Plans page.

Administration Transfer/Removal Policy

Occasionally situations arise where administrative privileges need to be transferred from one person to another, or an administrator needs to have their privileges removed. If a person without sufficient administrative privileges to complete this action makes this request for a valid reason, Frugal Beluga will first attempt to contact the User in question for approval or denial of the request using the email address currently on file with that user’s account. If no response is received after a reasonable amount of time, Frugal Beluga will make a second attempt to contact the User. If a response is still not received after a reasonable amount of time, administration will be transferred or removed as requested.

If at the time administration is transferred, Your account is in good standing, meaning that all subscription payments are current and there are no breaches of this Agreement, there is no cost for transfer.  If, however, Your account is not current on all subscription payments and/or there are breaches of this Agreement, transfer of administration shall be made upon payment of $50.00

What constitutes a “valid reason” and a “reasonable amount of time” will be at the sole discretion of Frugal Beluga. Reasons deemed valid are typically factual reasons such as the administrator has moved out of the community or has died. Frugal Beluga will not engage in mediation of, arbitration of, or otherwise settlement of disputes within a community over administration.

Technical Difficulties

Frugal Beluga will make every commercially reasonable effort to keep community websites running free of error. However, You may still run into bugs, downtime, unexpected behavior, etc. In this event, You agree not to hold Frugal Beluga liable for these issues or any consequences of these issues.

While we have multiple layers of redundancy and backup websites and content frequently, the loss of data can still occur. In the event of this, You agree to hold Frugal Beluga harmless for any loss of information or any damages incurred.

Content Monitoring

Frugal Beluga reserves the right to monitor and/or moderate any content uploaded, distributed, or displayed via our Services, but expressly states that this is solely within the discretion of Frugal Beluga. This includes, but is not limited to, monitoring content for inappropriate usage and editing/removing any content at any time and without notice.  UNDER NO CIRCUMSTANCE IS FRUGAL BELUGA REQUIRED TO MONITOR AND/OR MODERATE ANY CONTENT UPLOADED, DISTRIBUTED, OR DISPLAYED VIA OUR WEBSITES OR SERVICES, NOR SHALL FRUGAL BELUGA BE HELD LIABLE FOR ANY CONTENT ON ANY OF ITS WEBSITES.  PLEASE SEE PARAGRAPHS 23 AND 24 WHICH EXPLAIN THIS MORE FULLY.

In addition, the community’s designated representatives agree to regularly monitor information added by their Site’s members. We ask that they remove any offensive, abusive, inappropriate, or otherwise unacceptable content from member submitted portions of their website.

Intellectual Property

Frugal Beluga’s Services are licensed, not sold. You agree and understand that Frugal Beluga owns and retains all copyrights to content that is produced by Frugal Beluga, unless otherwise stated, including, but not limited to, files, source code, designs, and images. Frugal Beluga agrees that all content added to a website by a user, remains the property of the respective user.

Geographic Restrictions/Export Controls

Frugal Beluga will only provide Services to You if you have a legal residence or domicile in the United States, Canada and/or Mexico.  Your community must also be located in the United States, Canada and/or Mexico.  You acknowledge that for legal or operational reasons You may not be able to access Frugal Beluga websites or Services in Your jurisdiction.  You are responsible for compliance with all state and local laws, including laws regarding the import, export, or re-export of website content and Services.

Frugal Beluga Sites may be subject to export control laws in certain countries and/or states or provinces. You agree You will comply with such laws and regulations, and You will not, directly or indirectly, export, re-export or release Frugal Beluga websites or  Services to, or make Frugal Beluga Services accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You further agree You will comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making Frugal Beluga Services available.  Additionally, by downloading any content from Frugal Beluga Services you are agreeing that You are not in a country to which such export is prohibited.

Payment Processing

We have partnered with Stripe to provide payment processing services for communities. These services are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By setting up or continuing to use the online payments feature, You agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Frugal Beluga enabling payment processing services through Stripe, You agree to provide us with accurate and complete information about You and Your community, and You authorize Frugal Beluga to share it with Stripe.

Online payment processing is a service available for eligible communities. Various fees apply to using this service which are above and beyond the subscription fee. Each successful payment is subject to a transaction fee that is dependent on the location of the payer, the location of the receiving bank account, and the payment method used. Failed payments may result in additional charges, particularly failed bank account payments. Further, chargebacks and other events may result in additional fees. Although transaction fees are deducted immediately from payments, other fees may be deducted from Your community’s payments balance. Should Your community’s payments balance fall below zero, You understand that we may automatically debit Your community’s bank account and/or withhold future funds to bring the payments balance back to zero.

Suggestions and Feedback

By sending suggestions, feedback, ideas, or other information to us, You are waiving all rights You have to such information and indicating that it is entirely Your intellectual property. Such information immediately becomes the exclusive property of Frugal Beluga and we are not entitled or willing to provide compensation for any information given to us. Frugal Beluga is permitted to use the information without restriction and no form or guarantee of confidentiality will be provided.

Publicity

You agree that Frugal Beluga is allowed to identify customers and use their community name, logo, website screenshot, or otherwise refer to them on the Frugal Beluga website or its Services, in electronic media, or in print for marketing or reference purposes.

Third Party Sites

During Your use of our Services, You may be linked to third party websites. You agree that Frugal Beluga has no control over such websites, and that Your use of those websites is subject to the terms and conditions, privacy policies, etc. of those websites. You also agree that You will not hold Frugal Beluga liable for content on those websites.

INFORMATION FOR CALIFORNIA RESIDENTS

Under California Civil Code Section 1789.3, we are required to provide California residents with the following specific consumer rights information:

Frugal Beluga Sites are owned by Frugal Beluga, LLC, Box 12345 Fishers, IN 46037, 833-538-0111.

Fees charged for the use of Frugal Beluga Services are payable in the amounts and in the manner described on the Pricing and Plans page.

To file a complaint regarding Frugal Beluga Services or to receive further information regarding use of Frugal Beluga Services, please send a letter to Frugal Beluga, LLC, Legal Department, P.O. Box 12345 Fishers, IN 46037, 833-538-0111, legal@frugalbeluga.com (with “California Resident Request” as the Subject Line). You also may contact the Complaint Assistance Unit of the Division of Consumer Services of California’s Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814 or by telephone at 916.445.1254 or 800.952.5210.

DISCLAIMER OF WARRANTY

YOU AGREE THAT YOUR AND YOUR COMMINITY’S USE OF FRUGAL BELUGA’S WEBSITE AND ITS SERVICES ARE SOLELY AT YOUR OWN RISK. THIS WEBSITE AND ITS SERVICES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WARRANTIES INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. IN NO EVENT SHALL FRUGAL BELUGA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT, LOSS OF DATA, OR INTERRUPTION OF BUSINESS, HOWEVER CAUSED OR ARISING IN ANY WAY OUT OF THE USE OF OUR SERVICES. FRUGAL BELUGA MAKES NO WARRANTIES OR REPRESENTATIONS THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT OUR SERVICES WILL BE ACCESSIBLE AT ALL TIMES, THAT OUR SERVICES WILL BE SECURE, UNINTERRUPTED, MALWARE-FREE, FREE-FROM-INACCURACIES, OR ERROR-FREE, OR THAT WE WILL CORRECT ANY BUGS OR UNEXPECTED BEHAVIOR.

LIMITATION OF LIABILITY

FRUGAL BELUGA, ITS PARENT CORPORATION, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND DIRECTORS SHALL NOT BE HELD LIABLE FOR ANY LOSS OF DATA, LOSS OF ACCESS, LOSS OF PROFITS, DAMAGES, LIABILITIES, EXPENSES, OR OTHER CONSEQUENCES RESULTING FROM ANYONE’S USE OF OUR SERVICES. IN NO WAY SHALL FRUGAL BELUGA BE HELD LIABLE FOR ANY UNAUTHORIZED ACCESS TO OUR SERVERS, DATABASES, CONTENT, OR OTHER INFORMATION STORED PURSUANT TO OUR SERVICES AND/OR THIS AGREEMENT. SPECIFICALLY, YOU AND ANY PERSON OR ENTITY USING THE FRUGAL BELUGA WEBSITES OR SERVICES BY WAY OF YOUR ACCEPTANCE OF THIS AGREEMENT, AGREE TO NOT HOLD FRUGAL BELUGA LIABLE FOR ANY WEBSITE CONTENT UPLOADED, DISTRIBUTED, OR OTHERWISE DISPLAYED BY ONE OF OUR USERS, WHETHER ILLEGAL, OFFENSIVE, DEFAMATORY, ABUSIVE, OR HARMFUL. YOU AND ANY PERSON OR ENTITY USING THE FRUGAL BELUGA WEBSITES OR SERVICES BY WAY OF YOUR ACCEPTANCE OF THIS AGREEMENT, ACKNOWLEDGE THAT FRUGAL BELUGA DOES NOT PRESCREEN, APPROVE, OR OTHERWISE REVIEW CONTENT BEFORE IT IS UPLOADED, DISTRIBUTED, OR DISPLAYED USING OUR SERVICES. YOU FURTHER ACKNOWLEDGE THAT FRUGAL BELUGA IS NOT OBLIGATED TO REVIEW OR REMOVE CONTENT THAT HAS BEEN OR IS UPLOADED, DISTRIBUTED, OR DISPLAYED USING OUR SERVICES. YOU AND ANY PERSON OR ENTITY USING THE FRUGAL BELUGA WEBSITES OR SERVICES BY WAY OF YOUR ACCEPTANCE OF THIS AGREEMENT, ALSO AGREE TO NOT HOLD FRUGAL BELUGA LIABLE FOR EVENTS OUTSIDE ITS REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, INTERNET FAILURES, TECHNOLOGY FAILURES, NATURAL DISASTERS, TERRORISM, WAR, COURT ORDERS, GOVERNMENT ACTIONS, TRIBUNALS, OR ACTS OF GOD. YOU AND ANY PERSON OR ENTITY USING THE FRUGAL BELUGA WEBSITES OR SERVICES BY WAY OF YOUR ACCEPTANCE OF THIS AGREEMENT, AGREE TO NOT HOLD FRUGAL BELUGA LIABLE FOR THE ACTIONS OR NON-PERFORMANCE OF THIRD PARTIES USED BY, LINKED TO, OR OTHERWISE MENTIONED BY FRUGAL BELUGA.

Time Limitation

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Services must be filed within one year after such claim or cause of action arose or be forever barred.

Severability of Terms

If any portion of this Agreement is found to be unenforceable by a court of competent jurisdiction, the remaining portions of this Agreement shall remain in full force and effect.

Changes to the Terms of Service

Frugal Beluga may revise or change the Terms of Service at any time and without notice. When posted to the Frugal Beluga website, the changes will be considered effective. Your continued use of our Services after any changes are made will be considered acceptance of those changes.

Indemnification

You and/or any person or entity using the Frugal Beluga websites or Services by way of Your acceptance of this Agreement, agrees to indemnify, defend and hold harmless Frugal Beluga from and against any actions arising out of or related to this Agreement brought by You or any person or entity accessing the Frugal Beluga websites or Services.

Miscellaneous

The headings of this Agreement are for convenience only, and do not affect this Agreement or its interpretation.

You are not allowed to transfer any rights or obligations in this agreement without written consent.

If we do not enforce any provision of this Agreement, it will not be considered a waiver of such provision.

All requests for further information should be directed to info@frugalbeluga.com.

This Agreement is governed by the laws of the State of Indiana, exclusive of any choice of law principle that would require the application of the law of a different jurisdiction, and the laws of the United States of America, as applicableAny lawsuit or legal proceeding shall be brought in the courts of Hamilton County, Indiana.