Terms of Service

 

You must agree to the below terms of service before you can create your BuidingHosting.com Web Hosting account. Our shopping cart will not permit you to make any purchases unless you agree to the below terms of service.

Our terms of service (TOS) are designed to provide to our clients a clear and transparent understanding of what we expect of them while they are using our service(s). The use of BuidingHosting.com service(s) represents your acceptance and agreement to BuidingHosting.com’s (TOS), regardless of whether you have read them or not.

We accept your use of our service(s); therefore we do not actively monitor your accounts activity under normal conditions. Furthermore, we do not implement editorial control over the content of any Web site. This includes e-mail sending, newsgroup or other material created or available over or through the services, except for certain proprietary Web sites. However, in accordance with our (TOS), we hold full authority to remove any materials that, in our individual judgment, may be illegal, may subject us to liability or which may violate our (TOS). BuidingHosting.com reserves the right to oblige with legal establishment and/or third parties in the examination of any suspected or alleged crime or civil wrongdoing. Violation of our (TOS) may result in the suspension or immediate termination of your BuidingHosting.com Hosting account and/or services.

We do not routinely monitor the activity of accounts except for measurements of system exploitation, possible security or fraud risks and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet society, we will respond appropriately if we become aware of improper use of our service.

If a BuidingHosting.com Web Hosting account is used to violate our (TOS) we reserve the right to cease your service without notice. We prefer to advise clients of inapt activities and any necessary corrective action. However, blatant violations of the (TOS) will result in instantaneous termination of service. Our failure to implement this policy, for whatever reason, shall not be interpreted as a waiver of our right to do so at any time.

As a member of our hosting community, you must use your hosting account access ethically and responsibly.

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. All new orders are usually activated within 24 hours. If you have not been activated within this time frame, please click here to contact our billing department.

All services provided by BuidingHosting.com Web Hosting may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene. The client agrees to indemnify and hold harmless BuidingHosting.com from any claims resulting from the use of our services.

Examples of Totally Unacceptable material:

IRC Bots.
Warez Sites.
MP3?s (unless You are the Artist).
Password sharing sites.
Sites that run any type of proxy script.
Pirated Software.
Hacked programs and archives.

2.1) Distribution of Malicious Code:

Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data and/or computer systems are prohibited. Examples of this are computer viruses, Trojan-horse programs and Internet-based worms. Such an offense will result in the immediate termination of the offending account.

2.2) Infringement

Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated. It is not permitted to use of the BuidingHosting.com to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources and the unauthorized transmittal of copyrighted software.

2.3) File Hosting

File hosting and file storage of any type is strictly prohibited on any and all servers within the BuidingHosting.com Web Hosting network. You MAY NOT use your BuidingHosting.com account as a download or file storage repository. Our services are strictly offered for website hosting only. This does NOT mean that you can not have downloads on your site. This means you can not operate a site that specializes in downloads like Download.com or similar and you may not use your BuidingHosting.com account as storage repository for MP3, games, video, audio or music files. Your account may not exceed 10% of used space in MP3, games, video, audio or music files.

2.4) Adult Sites

Due to various legal and moral implications. BuidingHosting.com does not permit sexually explicit material on any of its servers.

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double Opt-in” will be treated as spam. Any user who sends out spam will have their account terminated without notice.

BuidingHosting.com Web Hosting reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. BuidingHosting.com also reserves the right to make any such modifications in an emergency at our sole discretion.

BuidingHosting.com reserves the right to charge the holder of the account used to send any unsolicited e-mail a reasonable clean up fee, the price of which is to be determined solely by  BuidingHosting.com.

Bulk Email / Mass Email scripts of any type are not permitted on any BuidingHosting.com server. The send mail rate on all BuidingHosting.com servers is capped at 200 emails per hour per account, any more than this will be bounced back to the sender. If you require more than this, please open a support ticket stating the reason why the 200 limit should be raised on your account and the EXACT source of your mailing list.

3.1) Usenet Spamming

BuidingHosting.com Web Hosting has a zero tolerance policy for the use of its servers for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

You agree to supply appropriate payment for the services received from BuidingHosting.com Web Hosting, in advance of the time period during which such services are provided. You agree that until and unless you notify BuidingHosting.com of your desire to cancel any or all services received, those services will be billed on a recurring basis. .

Your use of the BuidingHosting.com Web Hosting service is at your sole risk. BuidingHosting.com is not responsible for any and all files and data residing on your account on our servers. BuidingHosting.com does not maintain backup copies of clients web sites or e-mail. BuidingHosting.com cannot guarantee that the contents of a Web site will never be deleted or corrupted, or that a backup of a web site will always be available. You agree to take full and sole responsibility for any and all files and data transferred to our servers and to maintain all appropriate backups of any any and all files and data stored on any BuidingHosting.com server to which you have an account on.

5.1) Termination of Data and Client Privacy

For your privacy, all data and files from terminated and canceled accounts are deleted and purged either at the expiration of your billing grace period or promptly following your request, whichever Is sooner from our servers. This includes any and all back ups. Please make sure to back up all your files and data before canceling your BuidingHosting.com account. 

5.2) Emergencies and Special Situations

We reserve the right to take any steps we believe are necessary to maintain the security, connectivity, performance and services of our network, infrastructure and clients, including but not limited to actions requiring us to deactivate web sites, shut down our network, or review the content on web sites to evaluate the reason for perceived behaviors. In rare instances, we may need to completely delete a web site or account because of some significant failure, security breach or other emergency. In such cases, we do our best to backup a deleted web site, but we cannot ever guarantee the full restoration of a web site.

5.3) Account Security

Misuse of your account is your sole responsibility, even if your friends, family member, guest, or employee committed the activity. Henceforth, you must take actions to ensure that others do not gain access, which you do not approve of, to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

Your password provides access to your account. It is your responsibility to keep your password secure. We are not responsible for ANY misuse of your account due to the authorized or unauthorized distribution of your password.

Sharing your password and account access with unauthorized users is prohibited. You should take precautions to prevent others from using your account since you will be held responsible for such use.

Attempting to obtain another user’s account password is strictly prohibited and may result in termination of service. You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

Users who violate systems or network security may incur unlawful or civil liability. BuidingHosting.com will oblige fully with examinations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Our Mone3y Back Anytime policy applies only to accounts that actually pay directly amd specifically for hosting a site they created or someone created for them but does NOT apply to any site created by BuildingHosting.com in consideration of the client becoming a hosting customer.

You may cancel your BuidingHosting.com account at any time you desire. If your account has been using a subscription plan through PayPal, please login to your PayPal account and cancel your subscription agreement. We have no control over, and not even access to, your PayPal account.

If you cancel your BuidingHosting.com account you are entitled to keep the domain that we have registered for you on your behalf. On  your request, if we have control over the relevant Domain Name Registration account, we will unlock the name and provide the codes that will cause the name to be transfer to any web hosting company or domain registrar of your choice completely free of charge, assuming we have no other open, unpaid charges against your account, as quickly as is reasonably possible following your request.

If you joined BuidingHosting.com via the yearly payment option and you cancel before the year has expired, the BuidingHosting.com Refund Anytime plan is available to you per the terms explained on that web page.

If you joined BuidingHosting.com via the monthly payment option. Your account will be terminated 30 days after your last payment was received by BuidingHosting.com. There is no refund available to Month-to-Month accounts.

BuidingHosting.com will treat all files and data of terminated accounts exactly as outlined in the above clause 5.1.

6.1) Cancellation for lack of payment

Any account that has unpaid invoices that are more than 3 days outstanding may be terminated at any time without notice. Before BuidingHosting.com will terminate any account for lack of payment. BuidingHosting.com will send no less than 2 payment request emails to the account holder. BuidingHosting.com will treat all files and data of terminated accounts exactly as outlined in the above clause 5.1.

BuidingHosting.com reserves the right to refuse service at its discretion. BuidingHosting.com will treat all files and data of terminated accounts exactly as outlined in the above clause 5.1.

Domain Names

8.1) Domain Name Transfer

All BuidingHosting.com clients are entitled to one free domain transfer or one free domain name as stated in the below (8.2) per web hosting account.

8.2) Complimentary FREE Domain Names

All new BuidingHosting.com web Hosting accounts that select annual or biennial or triannual billing are entitled to one complimentary free domain name registration for a period of one year. This domain name must be selected during the initial automated sign up process.  If you do not select a domain name at this time, you will automatically forfeit any claims to any complimentary registration that was available to you during the sign up process. You may have only one complimentary domain name registration with every new BuidingHosting.com web hosting account provided that you request it during the initial automated sign up process. If you terminate your account and request a “Refund Anytime,” a fee of $20 will be deducted from any refund to cover the cost of domain name registration and our monitoring service.

Please Note: The complimentary domain period is valid only for one year only.
After the complimentary year has expired you are solely responsible for the renewal fees of your domain name.

8.3) Domain Extensions

The only complimentary domain name registrations that we provide for freeas described in 8.2 (supra)  for the first year are the ones list exactly below.

.com / .net / .org / .info / .us / .biz /

8.4) BuildingHosting.com’s Domain Name Transfer Away Policy

You may transfer away from BuidingHosting.com any domain name that you have purchased via the BuidingHosting.com online ordering system to any other web hosting company or domain registrar at any time you desire providing the domain name is fully paid up, has not been refunded, has not been charged back and does not have any active or outstanding invoices due and is not in redemption.

Users may not initiate the following:

a) Use 5% or more of system resources (This included CPU and memory). There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. If this clause is breached it may trigger an auto-kill failsafe mechanism on the server that will auto suspend the violating account.

b) Run any type of interactive real-time chat applications that require server
resources. Remotely-hosted services are permitted.

c) Run stand-alone, unattended server-side processes at any point in time
on the server. This includes any and all daemons, such as IRCD.

d) Run any software that interfaces with an IRC (Internet Relay Chat) network.

e) Offer services to third parties that are run off of BuidingHosting.com’s servers.

f) Run any gaming servers or games scripts for single or multi-player games.

g) Run an email server offering free or paid third-party-supplied email accounts to the general public. Example: Hotmail, Yahoo Mail, GMail ,etc…

H) Operate an online radio, video, game or movie service that uses our servers.

You are allocated an unlimited monthly bandwidth allowance.

11.1) Shared Web Hosting

BuidingHosting.com’s standard web hosting offer (permits) you to host unlimited domain names under a single account with a single control panel.

This means that your account has one master domain name and all additional domain names are considered add-on domains. All your domain names must be administered from a single control panel. Only one control panel is allowed per account.

You are not permitted to…

a) Resell web hosting space. (Your account is not a reseller account)
b) Create accounts for third parties. All domain names that are in your control
panel must be under your direct control and administration. You are not
permitted to create accounts for third parties on your account.
c) Have multiple control panels (CPanel) or (WHM) Web Hosting Manager on
a standard account.

11.2) Reseller Hosting : Client Responsibility

Resellers are responsible for supporting their clients. BuidingHosting.com does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. BuidingHosting.com will hold any reseller responsible for any of their clients actions that violate the law or these Terms of Service.

11.3) Client Knowledge & Responsibilities

Use of BuidingHosting.com’s web hosting services requires a certain level of knowledge in the use of certain internet languages, slang, jargon, terminology, protocols, software, ETC… The level of knowledge a client is client required to have varies greatly and depends on the clients anticipated use and desired content and functionality of his/hers website. The client agrees that he/she has the necessary knowledge to create his/hers website with the desired content, look and functionality or has made arrangements with a competent party, including BuildingHosting.com, to provide those services. The client agrees that it is not the responsibility of BuidingHosting.com to create, design, program or provide help in the designing, creation, programming or publishing of the clients website except when those services are provided by a written agreement to do so for trems and payment to be negotiated.

11.4) SSH, Root and Shell Access

We do not permit Shell, Telnet, SSH or root access to any of our servers.

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on BuidingHosting.com, and the right to increase the amount of resources given to plans at any time.

12.1) Auto Rebilling

For your convenience your BuidingHosting.com account will auto rebill on a monthly, annual, biannual or tri-annual basis, sometimes referred to as a “subscription,” (depending on which billing package you have selected at time of purchase). If you do not want your account to auto rebill, you must notify us at least 2 calendar days (48 hours) before the date that the re-billing is due to take place. Failure on your part to notify us of your desire not to be rebilled, may result in your account being rebilled and in such a case you agree to hold harmless and indemnify BuidingHosting.com from any and all claims of wrongful billing.

13a) Client agrees that it shall defend, indemnify, save and hold BuidingHosting.com harmless from any and all demands, liabilities, losses, costs and claims, including any and all attorney’s fees asserted against BuidingHosting.com, its agents, its clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless BuidingHosting.com against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with BuidingHosting.com; (2) any material supplied by client infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to clients from a BuidingHosting.com server.

13b) IF LAWSUIT(S) ARE THREATENED AGAINST BUIDINGHOSTING.COM. If we are sued or threatened with lawsuit in connection with Service(s) provided to you, we may turn to you to indemnify us and to hold us harmless from the claims and expenses (including attorney’s fees and court costs). Under such circumstances, you agree that you will, upon demand, obtain a performance bond with a reputable bonding company or, if you are unable to obtain a performance bond, that you will deposit money with us to pay for our reasonably anticipated expenses in relation to the matter for the coming year. Such deposit will be drawn down as expenses are incurred, with all account notices sent to the WHOIS contact information provided in association with your domain names and/or account. We shall not be obliged to extend you any credit in relation to such expenses and we may terminate our services for a failure to make or renew such a deposit. We will return any unused deposit upon the later of one year from deposit or the conclusion of the matter.

BuidingHosting.com will not be responsible for any damages your business may suffer. BuidingHosting.com makes no warranties of any kind, expressed or implied for services we provide. BuidingHosting.com disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non deliveries, hardware and software failures, hacking, sabotage, terrorist attacks, wrong delivery, Force Majore and any and all service interruptions caused by BuidingHosting.com and its employees.

BuidingHosting.com reserve the right to revise, alter and update the above (TOS) without notice at any time at its sole discretion and can apply any and all changes and updates retroactively.

 

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