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The use of services from BudgetWeb Builders, LLC constitutes agreement to these terms. 1.) Account Setup / Email on file
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. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied. Transfers Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host. The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote. 2.) Content
All services provided by Budget Web Builders may only be used for lawful purposes. The laws of the State of Idaho, Florida, the State of Texas, and the United States of America apply. The customer agrees to indemnify and hold harmless Budget Web Builders from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups. Examples of unacceptable material
on all Shared servers include:
Examples of unacceptable material on all Dedicated servers include:
Budget Web Builders services, including all related equipment, networks and network devices are provided only for authorized customer use. Budget Web Builders systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Budget Web Builders system(s) constitutes consent to monitoring for these purposes. We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours. If in doubt regarding the acceptability of your site or service, please contact us at help@budgetwebbuilders.com and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita): Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. Your services will be terminated with or without notice. Violations will be reported to the appropriate law enforcement agency. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password. 3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers.
This provision includes, but is not limited to SPAM sent via fax, email, instant
messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our
servers. Any account which results in our IP space being blacklisted will be
immediately suspended and/or terminated.
Budget Web Builders reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. Budget Web Builders reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Budget Web Builders. 4.) Payment Information
You agree to supply appropriate payment for the services received from Budget Web Builders, in advance of the time period during which such services are provided. You agree that until and unless you notify Budget Web Builders of your desire to cancel any or all services received, those services will be billed on a recurring basis. Cancellations must be done via e mail to info@budgetwebbuilders.com. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic "Your request has been received..." email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. As a client of Budget Web Builders, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Budget Web Builders provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. Invoices that have been paid more than once with multiple PayPal Subscriptions can only be added as credit towards the account and cannot be refunded via PayPal. If you require assistance with this provision, please contact info@budgetwebbuilders.com Budget Web Builders reserves the right to change the monthly payment amount and any other charges at anytime. 5.) Backups and Data Loss
Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. Budget Web Builders is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Budget Web Builders servers. 6.) Cancellations and Refunds Any abuse towards our staff in any medium or format will result in the suspension or termination of your services. Customers may cancel at any time via email info@budgetwebbuilders.com. Budget Web Builders gives you an unconditional 30 day money back guarantee on managed shared hosting for any customer who paid the first invoice with a credit card or with PayPal. The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Refund requests for shared accounts after the initial 30 days will be refunded on a prorated basis of any unused time. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. Violations of the Terms of Service will waive the refund policy. 7. Resource Usage User may not: 7b.) INODES Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here. 7c.) Backup Limit 8) Money back Guarantee Each of Budget Web Builders' managed shared servers carry a 30 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases. 9) Uptime Guarantee 10.) Shared / Semi dedicated
Servers 11.) Price Change 12.) Coupons
Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. 13) Indemnification 14.) Arbitration 15.) Disclaimer 16.) Disclosure to law enforcement 17.) Changes to the TOS |
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