Terms of Service

All services provided by SiteBuilderOne may be used for lawful purposes only.

Transmission, storage, or presentation of any information, data or material in violation of any Canadian, United States Federal, State, Province or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. Subscriber(s) agrees that SiteBuilderOne shall not be held liable for any claims or damages which may be suffered. The subscriber agrees to indemnify and hold harmless SiteBuilderOne from any claims resulting from the use of the service which damages the subscriber or any other party.

Website and Website Hosting Content:

Pornography and sex-related merchandising are prohibited on any of SiteBuilderOne website hosting servers. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to SiteBuilderOne servers or any other server on the internet. Links to such materials are also prohibited.

In addition, any site selling or promoting bulk email services (spam) or software is forbidden.

Chat Rooms: We do not allow clients to install their own chat rooms. These tend to be large system hogs and we cannot allow it as an account option. We do provide Java chatrooms available through your control panel that will more than fill your needs and run without hindering the performance of the machine for others. You are limited to one chat room on your domain.

Background Running Programs: We may allow programs to run continually in the background. These are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

Commercial Advertising – Email: Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. We consider spam to be any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we reserve the right to immediately, without warning, disable your domain.

As such, any violation will result in immediate deactivation of services without refund.

Refusal of Service:

We reserve the right to refuse or cancel service at our sole discretion.

If any terms or conditions are failed to be followed it will result in grounds for account deactivation. We reserve the right to remove any account with 15 days prior notice.

These policies may change without notice.

Money Back Guarantee:

If you are unhappy with our hosting service, for any reason, within the first 14 days, we will refund your money.

If you are not completely satisfied with our services within the refund time period specified for your plan, you will be given a full refund of the contract amount excluding overages. No refund is available after that period.

Any and all setup fees, overages, other charges, and domain name registration fees are NOT refundable.

Accounts cancelled/terminated by SiteBuilderOne for violating our Acceptable Usage Policy do not qualify for the money back guarantee. Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund. This is to protect our refund guarantee from being abused. To receive a full refund, contact our customer service department.

Data Backup:

Customer acknowledges and agrees that it is customer’s sole responsibility, and that company is in no way responsible, for the back up of customer’s data and for the maintenance of adequate insurance in relation to customer’s equipment.

Payment Due:

Customer must ensure that the Company receives full payment for Company Services before the beginning of each Billing Cycle, including the initial Billing Cycle. Customer is solely responsible for ensuring that the Company receives payment before the applicable due date. Customer has 15 business days from the date of an invoice or charge to dispute that invoice or charge; after that time Customer will be deemed to have waived any objections to that invoice or charge. The Company may, at its sole discretion, decide not to provide Customer with Company Services until the Company receives full payment in advance.

Delinquent Customer’s Account

Customer’s Account will be deemed “Delinquent” if the Company does not receive payment for Company Services within ten (10) days after the commencement of a Billing Cycle. A Customer’s Account that is Delinquent may be put on hold and Customer may be prevented from using Customer’s Account. Delinquent Customer’s Account may have visitors redirected from Customer’s web site to the Company’s technical support web page. A Delinquent Customer’s Account that is unpaid for an entire Billing Cycle may, at the Company’s sole discretion, have any or all files archived, purged, or otherwise deleted. Customer’s Account will continue to accrue charges (including interest charges) while Customer’s Account is on hold.

You agree to use all SiteBuilderOne services and facilities at your own risk. SiteBuilderOne specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall SiteBuilderOne be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold SiteBuilderOne harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against SiteBuilderOne, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL THE COMPANY (INCLUDING THE COMPANY’S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING COMPANY SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUE DECREASE, EXPENSE INCREASE, COST OF SUBSTITUTE PRODUCTS AND/OR COMPANY SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND – EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES – (I) ARISING OUT OF ANY USE OF OR INABILITY TO USE ANY COMPANY SERVICES, OR (II) RELATED TO THE COMPANY’S MIGRATION OR MOVEMENT OF ANY EQUIPMENT BELONGING TO CUSTOMER AND/OR THE COMPANY. ALL CLAIMS AND CAUSES OF ACTIONS ARISING IN CONNECTION WITH COMPANY OR COMPANY’S SERVICES ARE PERMANENTLY BARRED UNLESS THE CLAIM OR CAUSE OF ACTION IS COMMENCED WITHIN SIX (6) MONTHS AFTER THE BASIS OF THE CLAIM OR THE CAUSE OF ACTION AROSE, REGARDLESS OF ANY STATUTORY LIMITATION PERIOD ALLOWING FOR A LONGER PERIOD. THE COMPANY’S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR CUSTOMER SERVICES, INCLUDING THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY THE COMPANY OR THE COMPANY’S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTION DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DATAE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.