Agreement To Rules
By submitting an order form for any web site, e-mail account, domain hosting, database hosting or complete hosting services with XXX Builder, the client agrees to all rules, regulations, and statements made in this Usage Agreement along with their consequences.
Client Responsibility
The client alone is responsible for the content of their web site and e-mail messages.
Unsolicited/Bulk E-Mail
No unsolicited e-mailing practices shall be tolerated. This is to include any practices ascribed to the client, which may or may not involve a XXX Builder web site hosting, e-mail account, domain hosting account, complete hosting services. This is to include any mass unsolicited e-mailing through the e-mail server of XXX Builder or any member's any other services or e-mail account.
Upon reviewing any reports received by XXX Builder regarding the client's unsolicited e-mailing practices, XXX Builder reserves the right to terminate the client's web site hosting, e-mail account, domain hosting account, database hosting account and/or other services within 24 hours of notification of the client without refund of web site hosting, e-mail account or service fees which the client may have paid in advance.
E-Mail Misuse
The use of your account to send out any bulk e-mails (more than 10,000 per day) which are not intended for the use of your domain hosted is strictly prohibited. Any violation of this policy may result in the immediate termination of your email account, at the sole discretion of XXX Builder without prior notice.
Illegal Materials
No use of a client's XXX Builder web site hosting, e-mail account, domain hosting account, database hosting account or any other services to promote, sell, trade, or give away the use of the following materials or information shall be tolerated: illegal material or information, stolen material or information, violation of trademarks, pirated material or information.
Upon reviewing any reports received by XXX Builder regarding the client's use of their XXX Builder web site hosting, e-mail account, domain hosting account, database hosting account or any other services accounts in any of the above practices regarding the addressed (above) material or information, XXX Builder reserves the right to terminate the client's web site hosting, e-mail account, domain hosting account, database hosting account or any other services account within 24 hours of notification of the client without refund of web site hosting, e-mail account, domain hosting account, database hosting account or any other services account fees which the client may have paid in advance.
Explicit Content
No use of a client's XXX Builder web site hosting, e-mail account, domain hosting account, database hosting account or any other services account to promote material of a sexually explicit or illegal nature shall be tolerated. Let it be known that offensive material falling under the category of "sexually explicit or illegal nature" shall include, but not be limited to the following: any nude pictures of a human being used to exploit, advertise, or sell any product or service; any sort of child pornography, or attempt to display a child in a sexually suggestive manner; any written material describing and/or promoting any sexually explicit, harsh, or abusive acts; any written material which is excessively profane and sexually explicit. Let it be known that at any time XXX Builder reserves the right to judge any material that it deems of an inappropriate adult or sexual nature intolerable for a XXX Builder web site hosting, e-mail account, domain hosting account, database hosting account or any other services account, thus causing said material to be included under this category of "sexually explicit or illegal nature". Upon reviewing any reports received by XXX Builder regarding the client's use of their XXX Builder web site hosting, e-mail account, domain hosting account, database hosting account or any other services accounts in any of the above practices regarding the addressed material of a "sexually explicit or illegal nature", XXX Builder reserves the right to terminate the client's web site hosting, e-mail account, domain hosting account, database hosting account or any other services account within 24 hours of notification of the client without refund of web site hosting, e-mail account, domain hosting account, database hosting account or any other services account fees which the client may have paid in advance.
Racial/Religious Content
No use of a client's XXX Builder web site hosting, e-mail account, domain hosting account, database hosting account or any other services account to promote unlawful discrimination against or hatred of any particular race, any particular nationality, or any particular religion shall not be tolerated. Let it be known that at any time XXX Builder reserves the right to judge any material to fall into the above categories, making it unacceptable for a client's XXX Builder web site hosting, e-mail account, domain hosting account, database hosting account or any other services account. Upon reviewing any reports received by XXX Builder regarding the client's use of their XXX Builder web site hosting, e-mail account, domain hosting account, database hosting account or any other services accounts in any of the above practices of promoting unlawful discrimination or hatred of any particular race - any particular nationality - or any particular religion, XXX Builder reserves the right to terminate the client's web site hosting, e-mail account, domain hosting account, database hosting account or any other services account within 24 hours of notification of the client without refund of web site hosting, e-mail account, domain hosting account, database hosting account or any other services account fees which the client may have paid in advance.
Excessive Traffic
XXX Builder does not permit sites where 20% or more of the monthly traffic is from file downloads, or sites that use more than 10% of system resources, or sites which in XXX Builder’s view are detrimental to the enjoyment of XXX Builder services by XXX Builder’s other clients, or are in the sole and final judgment of the Host, detrimental to network or business operations, or exceed the account's designated monthly allowed bandwidth usage. File download and system resource restrictions do not apply to any other servicess; however, those servers that exceed their specified monthly traffic and bandwidth limits are subject to an extra monthly fee listed in our FAQ section.
Illegal Account Usage
No use of a client's XXX Builder web site hosting, e-mail account, domain hosting account, database hosting account or any other services account shall be used for illegal activities, such as, but not limited to: denial of service attacks, port scanning, flooding of services on other servers, and flooding of services on XXX Builder servers. Other attacks not mentioned are also not tolerated, to be decided at the discretion of XXX Builder personnel. XXX Builder reserves the right to immediately deactivate the client's web site hosting, e-mail account, domain hosting account, database hosting account or any other services account without refund of web site hosting, e-mail account, domain hosting account, database hosting account or any other services account fees which the client may have paid in advance.
Other Unacceptable Content
Further examples of unacceptable content or links include MLM and doorway pages, pirated software, "hacker" programs, archives of "Warez Sites", game rooms or MUDs, IRC Bots, Egg Drop programs, any kind of illegal software or shareware. In addition, sites offering online gambling, casino functionality, sportsbook betting (including offshore), and internet lotteries are prohibited.
Final Decision
XXX Builder will be the sole and final arbiter as to website accounts, e-mail accounts, domain hosting accounts, database hosting accounts, any other services accounts or usages of resources that constitute violation or intent to violate our policies. Those users found in violation of these policies are subject to removal for any instance of violation. Accounts which XXX Builder must suspend or cancel due to violation of these rules are not eligible to receive a refund under our 30 money back guarantee. Acceptance of these Policies constitutes an acceptance of any fines or penalties which might arise out of violation of these policies.
Rule Compliance
Users with website accounts, e-mail accounts, domain hosting accounts, database hosting accounts, any other services accounts that do not comply with these simple rules, or who seek to take advantage of our unlimited traffic plan in any other way, will, at the discretion of XXX Builder, have their sites canceled and/or removed from the servers and penalty fees assessed at the discretion of XXX Builder.
Right To Judgment
XXX Builder reserves the right to make the judgment call on behalf our other XXX Builder clients who expect us to maintain our servers at maximum efficiency. We believe this is common sense. If you have any questions about it, please contact us.
Payment Policy
All accounts are set up on a prepay basis. Although XXX Builder reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of prepayment. Payment is due each biling cycle following the date the account was established. Members will automatically be charged again at the end of their prepay period unless closure notification has already been given.
In situations where the card number on file is declined, XXX Builder will send 3 notices within a week for members to update their payment information. If member fails to do so, XXX Builder will immediately suspend member's account and other services until the outstanding balance plus a $30 re-activation fee are processed successfully . The member is responsible for all money owed on the account from the time it was established to the time that the member sends a written cancellation request.
No bills or invoices will be sent by regular mail or email. All invoices can be viewed after logging onto XXXBuilder.com website. After signing up, the member's credit card will be charged automatically according to payment term member selected.
All payment is in U.S. Dollar.
Cancellation and Refund
To cancel account with XXX Builder, member must send email with account name, email, cancellation date, and other necessary details. Account is not considered closed until member received cancellation confirmation from XXX Builder. The cancellation process may take up to 7 business days.
If cancellation is made within the first 30 days of sign up date, for monthly subscribers, first month's subscription fee will be refunded. For payment terms longer than monthly, only unused balance after first month will be refunded.
All software purchases that come with source codes, any setup fees, additional service fees, and upgrades are not refundable.
Indemnification
Member agrees that it shall defend, indemnify, save and hold XXX Builder harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against XXX Builder, its agents, its members, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by member, its agents, employees or assigns. Member agrees to defend, indemnify and hold harmless XXX Builder against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with XXX Builder' server; (2) any material supplied by member infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to member from XXX Builder' server.
Disclaimer
XXX Builder will not be responsible for any damages your business may suffer. XXX Builder makes no warranties of any kind, expressed or implied for services we provide. XXX Builder disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by XXX Builder and its employees. XXX Builder reserves the right to revise its policies at any time.
