Terms of Service / Acceptable Use Policy

 

BuildingHosting.Com is an advanced web hosting solutions company located in Jersey City, NJ.

24/7 Support

All tech support is provided by a ticket and phone system that is monitored 24/7, supported by live human beings, here in the United States of America.

100% Uptime

We offer you a 100% uptime guarantee. Cynics will tell you, “That’s impossible. Anyone one who promises 100% uptime is lying.”

Well, friends, it’s not lying if you put your money where your mouth is.

If your web site, databases, email, FTP, SSH or webmail are unusable during any billing period for even 1 minute as a result of a failure in our systems or for reasons other than scheduled maintenance or errors on your part or acts of parties over whom we have no control, we’ll credit your account with ONE FREE MONTH of hosting service.

PLUS – No Excuses, Money Back Guarantee

If you are on an annual or quarterly prepayment plan and have paid for a full year or quarter of hosting service and are unsatisfied with our service for whatever reason, you may cancel that service for a pro-rated refund of all unused full months. See details by clicking on Money Back Anytime in nav menu in left sidebar,

Log into your account, tell us you wish to cancel your account. We will promptly refund all your unused months, confirm that you have a full copy of all your web site files and then close your account in an orderly way that allows you time to redirect your DNS to your next hosting service.

This refund policy does not apply to non-hosting services such as domain name registrations, plugins, addons, setup fees, web development or fees other than web hosting.

Accounts suspended, canceled, or terminated by BuildingHosting.Com for violating our hosting policies or our Terms Of Service do not qualify for the that guarantee. For example, if an account is canceled due to spamming, phishing, or another violation, no refund will be issued.

Terms of Service

BuildingHosting.Com.com will never sell, distribute, reveal, or make available any customer information unless required to do so by law. We support the work of the anti-spam organizations. If there is ever a need to contact you in regards to your specific account and service, we will only contact you through email.

BuildingHosting.Com reserves the right to make any adjustments to our Terms Of Service (TOS) at anytime. If changes in our TOS are intended, you will be given notice at least 30 days prior to their effective date. Failure to cancel service following the sending of that notice to the email address you have provided for your account is constructive acceptance of the new TOS.

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Secure Payments

Customers based in countries where PayPal is active may pay their account using one of many major credit or debit cards. PayPal does not charge you for the service. Your information is secure. Even if you access your Paypal account through our web site, we NEVER see your card details. Only PayPal can see them.

We also accept direct deposit payments to our bank account. Ask for details. Please note that there are charges imposed by both the sending and receiving bank. But we do not put any surcharge of markup on your bank transfer.

Domain Names and Domain Transfers

BuildingHosting.Com will take necessary steps to register available domain names on behalf of a client when requested. BuildingHosting.Com Hosting does not take responsibility for failing to renew a domain name unless the name is registered through our registration system AND we are listed on the Account as an administrative contact AND the client has provided funding for the cost of that renewal. If your domain name was not registered via our company, you must monitor  and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by sending a ticket to our helpdesk. If you have any questions at all about DNS changes or domain names in general, please email support@BuildingHosting.Com

Payments

All invoices for services, other than accounts on recurring billing, will be generated and sent out 30 days before they are due. All clients will receive a reminder of the generated invoice 3 days before the invoice due date. Invoices will be emailed and available on the client’s Account Manager control panel.

3 days after the invoice is overdue you will receive an overdue reminder. If payment is not received within 48 hours of the overdue reminder the account will be suspended until payment is made. After 30 days from time of suspension, the account will be terminated and all files associated with the account will deleted. Remaining invoice balancse will be sent to collections.

Please be advised that by selecting the yellow PayPal “Pay Now” or “Subscribe” button, a recurring PayPal subscription will be initiated. PayPal is a third party payment gateway, and as a result, clients are solely responsible for funding the creation, maintenance, and cancellation of any recurring subscriptions. BuildingHosting.Com does not have the ability to initiate or cancel a PayPal subscription on behalf of our clients. Therefore, it is the responsibility of the client to cancel PayPal subscriptions along with any BuildingHosting.Com services to prevent continuous billing through PayPal. BuildingHosting.Com will under no circumstances issue a refund for PayPal payments. In the instance a duplicate PayPal subscription is created, BuildingHosting.Com will only issue account credit, not a refund in the amount of the duplicate PayPal payment. For questions regarding your PayPal payments, please contact our Billing Department.

BuildingHosting.Com reserves the right to update product and service pricing at any time. BuildingHosting.Com agrees to notify clients 30 days in advance of any hosting plan price changes, and seven days in advance of any “add on” service price changes. Clients will be notified of said changes via support ticket opened on the client’s behalf by BuildingHosting.Com staff.

Affiliates Program

We do not, at this time, offer an affiliate or reseller program.

Cancellations

If you wish to cancel your services, you must file your request via our cancellation form eight days prior to your renewal date. Your notice of intention to cancel services must be sent by you, to BuildingHosting.com via a Customer Service ticket at least one full, 24-hour day prior to your renewal date or the start of a new billing period.  Services canceled after a  renewal date do not qualify for a refund.

If you cancel your account and your payments still continue for any reasons such as 1) by fault of BuildingHosting.Com staff 2) by fault of the credit card processor 3) by fault of any other payment collection company we are not responsible for any overdraft fees that are issued by your financial institution.

Refunds/Account Termination

If, for any reason, BuildingHosting.Com.com fails to deliver said services, a prorated credit will issued upon request via a Customer Service ticket. No credits pr refund will be issued if your abuse of our stated policies forces BuildingHosting.Com.com to suspend or terminate your services prematurely. In the event you request account cancellation, once your service has been canceled your account will be suspended from use. It will then be deleted within 30 days.

Cancellations of accounts pre-paid for a monthly basis will not receive a credit/refund for the remainder of the billing period, therefore we encourage to submit cancellation only when the account will no longer be used. Cancellations of accounts pre-paid on a yearly basis will only receive a pro-rated refund, based on the monthly rate of the same hosting plan. If for any other reason your account becomes suspended and remains suspended for more than 30-days, the account will be permanently terminated and all files on our server will be deleted.

Resource Abuse

aIn the event your account is used to send spam or engage in any illegal or unsavory actions, the account will be suspended without notice and no refund will be available.

Force Majeure

BuildingHosting.Com agrees to take every reasonable precaution to provide the agreed upon services to our clients. However, BuildingHosting.Com is not liable for service interruption due to circumstances beyond our control including but not limited to: natural disaster, fire, downtime caused by failure of the power grid, or downtime caused by government actions.

Suspensions

In the event your website has been suspended for resource abuse (abuse that cannot be resolved by removing/changing a script, etc.) and you do not wish to upgrade to a dedicated server to accommodate your site needs, we will only release the suspension within 24-48 hours. This is to ensure the CPU intensive site slows down in traffic to avoid further damage and problems. A backup will then be provided of your files or you will be allowed FTP/cPanel access for a certain time period so that you may remove your files prior to termination of the account.

In the event your website is suspended due to non-payment, the site will not be unsuspended until payment has been received and applied to all overdue invoices. Clients have the ability to pay, add funds, and apply those funds to any outstanding invoices through their Account Manager. Services will be unsuspended upon receipt of payment and we will make a best-effort to do, but we are not responsible for any claims due to unavailability of the service.

Restorations

In the event that any, or all information on your site is inadvertently removed, BuildingHosting.Com will provide a restoration from our backups for a $50.00 fee. If files have been inadvertently removed due to a fault on the part of BuildingHosting.Com staff, a restoration will be provided free of charge at the reasonable discretion of BuildingHosting.Com.

Acceptable Use Policy

BuildingHosting.Com does not routinely monitor the activity of services used by customer for violation of this Policy. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately by investigating any reported inappropriate use of our Services. Although BuildingHosting.Com has no obligation to monitor Services provided and/or the network, BuildingHosting.Com and it various affiliates and partners reserve the right to monitor bandwidth, usage, and content from time to time to operate our Services; to identify violations of this Policy; and/or to protect the network and BuildingHosting.Com customers. In other words, BuildingHosting.Com reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse, or remove any or all content from any Service for any reason.

Prohibted Actions under the Acceptable Use Policy include, but are not limited to:

Objectionable Content- Any content (written, visual, or implied) that:

* infringes upon any copyright, trademark, trade secret or patent of any third party;
* violates any obligation of confidentiality;
* violates the privacy, publicity, moral or any other right of any third party;
* is hateful or obscene;
* is being used to harass, stalk, or otherwise threaten a person;
* is libelous, defamatory, knowingly false or misrepresents another person or;
* is threatening, promotes violence, promotes discrimination (whether based on sex, religion, race, ethnicity, nationality, disability, or age), promotes illegal activities or otherwise contains materials that BuildingHosting.Com informs you that it considers objectionable.

Impersonation/Forgery:

* Adding, removing, or modifying identifying network header information from email (aka “spoofing”) in an effort to deceive or mislead.

* Attempting to impersonate any person by using forged email headers or other identifying information.

Network unfriendly activity:

* Any activities which adversely affect the ability of other people or systems to use ISI services or the Internet are prohibited. This includes “denial of service” attacks against ISI servers, network hosts or individual users.

Commercial Email

* Sending unsolicited commercial e-mail. Using a BuildingHosting.Com product or service to distribute unsolicited commercial e-mail is prohibited.

* Sending large volumes of unsolicited e-mail (aka “mail bombing”) is prohibited.

Access control and Authentication

* Attemtping to circumvent user authentication or security of any host, network, or account (aka “cracking”). This includes, but is not limited to, accessing data not intended for you, logging into a server or account that you are not expressly authorized to access or probing the security of ISI servers and networks.

Proxy Hunters, Spiders, Robots:

* Using any program/script/command, or sending messages of any kind, designed to interfere with a user’s session, by any means, locally or by the Internet.

We prefer that you self-govern your content and remain responsible and all-knowing of the information your website publicly provides. If other users have access to your account, you are responsible for their actions. However, if BuildingHosting.Com.com is made aware of any questionable or objectionable content on a BuildingHosting.Comn hosted site, we will address the concerns immediately and directly with you to seek a resolution. If any person contacts us about content they have found on an BuildingHosting.Com server that copyrights their own material or that they wish to be removed, we require a proper DMCA notice before we will take action.

BuildingHosting.Com believes in the freedom of speech and prefers to advise customers of inappropriate behavior and any necessary corrective action. However, if our services are used in a way which BuildingHosting.Com in our reasonable discretion, believes violate this any of our policies, BuildingHosting.Com may take whatever actions we deem appropriate. Such actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of services provided by BuildingHosting.Com. BuildingHosting.Com will have no liability for any such responsive actions. The above described actions are not BuildingHosting.Com’s exclusive remedies and BuildingHosting.Com may take any other legal or technical action it deems appropriate.

BuildingHosting.Com reserves the right to investigate suspected violations of our policies, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on BuildingHosting.Com’s servers and network. During an investigation, BuildingHosting.Com may suspend the service or services of tany of the parties suspected of being involved and/or remove material which. in our judgment, potentially or actually violates our TOS.

BuildingHosting.Com will cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce our TOS. Such cooperation may include BuildingHosting.Com providing the name, IP address(es), or other identifying information about a customer. Upon termination of a customer’s service, BuildingHosting.Com is authorized to delete any files, programs, data and email messages associated with the account.

You agree that you are solely responsible for (and that BuildingHosting.Com has no responsibility to you or to any third party for) any content that you create, transmit or display while using any goods or services provided by BuildingHosting.Com and for the consequences of your actions (including any loss or damage which BuildingHosting.Com may suffer) by doing so.

Severability

The failure, for whatever reason, of BuildingHosting.Com to enforce this TOS, shall not be construed as a waiver of any right to do so at any time. You agree that, if any portion of this TOS is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. This Policy shall be exclusively governed by, and construed in accordance with, the laws of the State of New Jersey.

Privacy Policy

We take your privacy seriously and we do not share your personal information with any third parties without your permission. Your email addresses are not for sale or trade and are strictly guarded. Our TOS  agreement prohibits our customers from sending unsolicited bulk email (aka “spam”) using our services. If it is brought to our attention that any client of ours is violating this policy, we will cancel that account. We also do everything within our power to keep non-customers from using our email servers for spam. All client information such as email, phone numbers, addresses, etc is used only for internal purposes. This contact information is used to get in touch with you when necessary and for announcements and our monthly newsletter. Financial information that is collected is used to bill you for products and services.

Credit and Debit Cards

Our billing systems do not see or retain any information regarding your credit or debit cards. Those transactions are handled by card processors and we never see the number or expiration date. The transaction is totally between you and the card processor. The card processor only tells us if the transaction is approved and sends us the funds.

Disclaimers and Limitations on Liability

BuildingHosting.Com.com, makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall BuildingHosting.Com.com, be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of a customer web site or from any information, services or products provided through a customer web site. If there is questionable content on any server in our network, we will not take any action against any material or action until the website is brought to our attention by emailing to info@BuildingHosting.Com.com.

By using any product or service offered by BuildingHosting.Com, you expressly agree that use of such product or service is at your sole risk. All products and services offered by BuildingHosting.Com are provided on an “AS IS” and “as available” basis. Neither BuildingHosting.Com nor officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Associates”) warrant the accuracy, integrity, or completeness of the products or services offered by BuildingHosting.Com. Further, BuildingHosting.Com makes no representation that products and services provided on are applicable to, or appropriate for use in, locations outside of the United States. BuildingHosting.Com specifically disclaims all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose, except as specifically and expressly provided to the contrary. No oral advice or written information given by BuildingHosting.Com or its Associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.

Under no circumstances shall BuildingHosting.Com  be liable for any direct, indirect, incidental, special, or consequential damages that result from your use of or inability to use the products and services of BuildingHosting.Com, including but not limited to reliance by you on any information obtained from BuildingHosting.Com that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, unauthorized intrusions or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of BuildingHosting.Com has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through BuildingHosting.Com. Some states do not allow the exclusion of limitation of incidental or consequential damages, so the above limiation or exclusion may not apply to you.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL.

Scope of Support

At BuildingHosting.Com, we understand that the technical support you receive from your webhosting provider is just as important as the service we deliver. We’re pleased to provide our customers with access to our “in house”, 24/7 Technical Support Team through our support ticket system. Due to the nature of webhosting, there are certain aspects of your site that BuildingHosting.Com cannot manage or support on your behalf for reasons of liability. For your convenience, we’ve provided the following document to outline what aspects of your website and hosting services our highly capable staff can assist you with.

BuildingHosting.Com Supports:

* Hardware- If you’re on our shared servers, or on one of our managed dedicated servers, then you can rest assured that BuildingHosting.Com is stringently monitoring your server day and night with protective measures in place and ready to go in the unlikely event that hardware failure should occur.

* Server Software- We maintain, update, and secure all software on our servers such as PHP, Apache, and MySQL. While BuildingHosting.Com makes every attempt to keep our software “up to date”, we cannot guarantee that each server will always have the most recent version of all software installed. If you have a specific need, ask and will will make every reasonable effort to accommodate you.

* DNS Zone Files- For clients using our DNS, we’ve got you covered by providing you with a DNS zone file adequate for typical hosting usage.

* Basic Services- We know what our clients want and need, and we gladly support basic email function, web service, trouble shooting within your control panel, basic FTP and upon request we will enable SSH for clients whom we have reason to believe can be trusted with the powers it involves. Should you be granted that access, BuildingHosting.com is not responsible for any errors or accidents that may occur as a consequence of your access. We frequently monitor those services to ensure that they are working and functioning up to high standards.

Our Clients Support:

* Basic Foundation- When signing up for services, we assume that our clients have at least a sub structural understanding of the webhosting basics (email, FTP, DNS…etc). For our clients needing assistance in this area, we  provide basic tutorials for both control panels and we also sugest that you search on YouTube using appropriate keywords.

* Domain Names- We do not have the ability to update nameservers or contact information of domain names that are not in our control. If you are not using our nameservers, we cannot adjust your DNS records. On a similar note, our clients are responsible for ensuring that their domain names transfer successfully to our system. Upon your request, we can investigate the status of a domain name transfer and even re-initiate the transfer if necessary. For answers to questions about your domain name transfer, visit our knowledgebase.

* FTP and Email Client Configuration- As BuildingHosting.Com does not configure your FTP or Email clients, we do not have the ability to support your advanced FTP or Email client configurations. We may be able to offer advice regarding your setup, however, any suggestion offered by BuildingHosting.Com staff is to be implemented at the client’s discretion. BuildingHosting.Com will not accept responsibility for the outcome of any instruction offered outside of our Scope of Support.

* Scripts and Applications- BuildingHosting.Com cannot provide support for your customized script or application. We may be able to provide suggestions or support for some common applications, though there may be an additional charge associated with such support.  BuildingHosting.Com will notify you of any support-related charges before proceeding with the requested support.

* Site Content- While BuildingHosting.Com staff can ensure that FTP and your control panel are functioning properly, our clients are responsible for adding and editing site content. This includes, but is not limited to: adding images, removing images, uploading video, editing HMTL, or programming.

* Online Store or Blog Content- Just as we don’t support site content, BuildingHosting.Com staff cannot alter your store or blog content. This includes but is not limited to: adding products, removing products, grahic design, and editing product descriptions, templates or themes, payment gateways,and extensions.

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