These Terms of Service ("TOS") constitute the foundational agreement between you, or the entity on whose behalf you are entering into this agreement ("you" or "your"), and SiteBuilder.Live ("SiteBuilder.Live," "we," "us," or "our").
While SiteBuilder.Live facilitates your online business operations, it is essential to clarify that we operate as an independent contractor. Our control is limited to the products and services we offer directly. As such, we cannot be held responsible for your actions, the activities of third-party service providers, or the conduct of individuals who utilize your specific instance of these products and services ("End Users")
SiteBuilder.Live presents an array of services and products to its valued clientele, collectively referred to within these TOS as the "Services." Whether you subscribe to a Service, receive it as part of a package, engage in a standalone transaction at the standard or discounted rate, or even benefit from a complimentary offering, any Service that you solicit or authorize SiteBuilder.Live to deliver falls within the scope of the "Services" as delineated in these TOS and other associated Policies. All the Services provided are governed by each of our Policies. Please note that specific Services might also be rendered by third-party providers, and their individual terms of service or usage, containing additional or different stipulations, will be applicable to your utilization of such Services. We retain the prerogative to alter the specifications or particulars of the Services at any point, although we are not under any obligation to effect such modifications. Furthermore, the third-party providers with whom we contract to furnish Services are entitled to modify their offerings, including any changes made between the moment of purchase and the delivery date of the Services. We are committed to making commercially reasonable efforts to apprise you of any alterations to the Services.
For supplementary insights into our Services, including those listed below, please consult our Knowledgebase, accessible at: https://sitebuilder.live/kb. In case of any conflict with the content provided in the Knowledgebase, these TOS take precedence.
SiteBuilder.Live provides a diverse range of products and services, some of which are outlined below. Be advised that these TOS, along with our Policies, are applicable to all Services, regardless of whether they are specifically listed. You can find detailed information on the specified websites, and it's important to note that the information presented on those websites does not alter or supplement these TOS or our Policies.
SiteBuilder.Live acts as a domain name reseller. When you initiate a domain name registration request, the request is forwarded to ResellerClub (www.Resellerclub.com). By utilizing our Domain Name Services, you are bound by eNom's domain name registration policies and procedures, which we strongly recommend reading. You can find these policies and procedures at: Resellerclub.com/terms. Due to the intricacies of domain name registration, we cannot guarantee the successful registration of your chosen domain name.
After registration, it is your responsibility to prevent your domain name from lapsing and to ensure timely renewal. We hold no liability for any lapses or damages arising from them. Our endeavors to automatically renew domain names will be undertaken with commercially reasonable efforts. HOWEVER, IT IS YOUR RESPONSIBILITY TO ENSURE RENEWAL, AND WE ASSUME NO LIABILITY FOR FAILED RENEWALS, AUTO RENEWALS, DOMAIN EXPIRATIONS, OR THE REGISTRATION OF EXPIRED DOMAINS BY THIRD PARTIES.
Terms That Apply to All Hosting Services
Whether you are engaged as a reseller or utilize Reseller Hosting Services, you commit to adhering to and being legally bound by the terms delineated within these TOS and our associated Policies. This includes complete compliance with all provisions, including those addressing indemnification and the grounds for termination due to a breach of these TOS and our Policies. Any additional or distinct terms, representations, warranties, or agreements other than those expressly incorporated in these TOS or our related Policies, even if provided by third parties and concerning the capabilities of any Services, are explicitly disavowed. Furthermore, the presentation of such proposed additional or distinct terms will be considered a breach of the Terms of Service and could lead to the cancellation of your account.
You shall not be granted physical access to the servers housing your data. These servers are frequently shared with third parties, and the utilization by any such third party may impact both your operational usage and administration of the server. Undertaking actions to restrict the use of or modify the server's or Service's functionality, as well as the functionality of any associated equipment, is prohibited.
i. cPanel Services
a.1. cPanel Services are furnished through a third-party provider. By subscribing to cPanel-related Services with any of our offerings, you acknowledge and consent to be bound by cPanel's End User License Agreement, which is accessible at: [https://cpanel.com/legal-store.html](https://cpanel.com/legal-store.html). It is imperative to thoroughly review cPanel's End User License Agreement before utilizing any cPanel-related Services.
a.2. Effective from January 1, 2021 (the "New cPanel License Start Date"), if your web hosting plan includes access to cPanel-related Services, a cPanel license will be applicable based on your specific plan. Your web hosting plan will determine the category of cPanel license applicable. Each type of cPanel license is associated with a predefined number of cPanel accounts that can be established. Should you require additional cPanel accounts beyond the allocation within your plan's default cPanel license, you may need to either upgrade your plan or procure additional cPanel accounts.
i. Plesk Services
b.1. Plesk Services are rendered through a third-party provider. Subscribing to Plesk for use with any of our Services implies your acceptance and adherence to the Plesk End User License Agreement, accessible at: [https://www.plesk.com/eula/](https://www.plesk.com/eula/). It is imperative to thoroughly review Plesk's End User License Agreement before utilizing any Plesk-related Services.
i. Titan Email Services
**e. Usage Restrictions for Control Panel Services**
e.1. It is important to note that for control panel Services, whether Plesk or cPanel, your usage must not surpass that of similarly situated customers. You hereby acknowledge that we retain the prerogative to impose usage limitations on the Services to the extent that they exceed the resource utilization of similarly situated customers. Such restrictions could entail the requirement to eliminate inactive or unused accounts, logins, or licenses to ensure judicious use of control panel Services.
a.1. **Age and Authority:** Prior to utilizing any of the Services or enrolling for an account, you affirm that you are at least 18 years of age and possess the legal capacity to legally bind yourself or the entity you are representing to these TOS. It is possible that you will undergo a credit assessment and screening to detect potential fraud, for which accurate information must be furnished. Furthermore, prior to initiating use of the Services, you affirm and guarantee to Sitebuilder.live that: (i) you possess the requisite experience and knowledge to proficiently use the Services; (ii) you grasp and acknowledge the inherent risks applicable to you, your business, and your interests stemming from the utilization of the Services, and the broader landscape of online business; and (iii) you will provide us with the necessary content that may be employed by us to furnish the Services.
**b. Account Information**
b.1. Accurate Account Details: It is obligatory to supply accurate and precise information when establishing your account. Additionally, you are responsible for maintaining the accuracy of this information, including your email address, throughout our association. Occasionally, we might need to engage in email correspondence concerning the Services. We assume no responsibility or liability for service interruptions or any form of damages arising from misdirected or obstructed email communications due to the actions of third-party applications. This includes circumstances beyond our control and instances arising from your failure to sustain updated account and contact information.
c. Account Security
I. Responsibility for Account Actions
c.i.1. You bear the responsibility for all actions carried out under your account credentials, whether executed by you or by third parties. This encompasses account access, password security, and other protective measures. Sitebuilder.live holds no liability for any direct or indirect damages arising from unauthorized account access or usage.
ii. Support Services and Account Liability
c.ii.1. Beyond the provisions detailed in the Support Policy, accessible at [https://www.sitebuilder.live/policies/#Support-Policy](https://www.sitebuilder.live/policies/#Support-Policy), you are accountable for all authorized actions undertaken by our support personnel while utilizing your login credentials. It is advisable to back up your data prior to requesting support.
iii. Account Access Permission and Security Measures
c.iii.1. You consent to granting Sitebuilder.live authorization to access your accounts for the purpose of addressing technical issues with your account or server and to ascertain conformity with all of our Policies. Additionally, we conduct automated data scans for security purposes and reserve the right to modify permissions, edit files, or quarantine files deemed to be malicious in nature.
8. Term of Agreement; Billing & Payment.
10. Use of the Services
Your utilization of the Services is bound by these TOS, inclusive of our Policies. SITEBUILDER.LIVE OFFERS NO ASSURANCE THAT THE SERVICES WILL BE UNINTERRUPTED, OR SEAMLESS, OR THAT YOU WILL BE ABLE TO ACCESS SITEBUILDER.LIVE'S NETWORK AT SPECIFIC INSTANCES, OR THAT ANY DATA TRANSMITTED BY SITEBUILDER.LIVE IS ACCURATE, FREE FROM ERRORS, VIRUSES, SECURE, OR NON-OFFENSIVE.
You may choose to provide us with a written or verbal endorsement of our Services based on your experience using them ("Endorsement"). This Endorsement should accurately reflect your firsthand experience. Any Endorsements you provide will become our property, and we reserve the right to use them to promote our Services across various channels, including in-person, print, online, and other media. We may edit the Endorsement for conciseness or other reasons, while ensuring it remains consistent with your original input. In utilizing your Endorsement, you hereby grant us permission to use your first name, last initial, location, voice or likeness, and/or contact details alongside the published Endorsement. Should you decide to discontinue the use of your Endorsement at any point, kindly contact us using the contact information outlined in Section 18, and we will promptly cease its use after processing your request.
12. Data Backups
YOU ACKNOWLEDGE THAT IT IS SOLELY YOUR RESPONSIBILITY TO REGULARLY BACK-UP AND MAINTAIN COPIES OF YOUR DATA OUTSIDE OF SITEBUILDER.LIVE’S NETWORK. Sitebuilder.live is not responsible for any data loss or corruption, including that result from: (i) our authorized actions, (ii) those actions you take using the Services, (iii) hardware failures, (iv) any software or other technology failures, or (v) account termination, cancellation, or suspension.
13. Licenses; Intellectual Property; Data Ownership
a. Services performed or provided by Sitebuilder.live are either Sitebuilder.live's original work or are the works of third parties from which Sitebuilder.live has obtained necessary permissions to provide and are not "works made for hire". We hereby grant you a license to use the Services and technology under the terms of these TOS, including our Policies. The license is non-exclusive, non-transferable, non-sublicensable worldwide, and royalty-free and terminates when you or Sitebuilder.live terminates the Services.
b. All right, title, and interest in Sitebuilder.live's technology and the Services shall remain with Sitebuilder.live, or Sitebuilder.live's licensors. You are not permitted to circumvent any devices designed to protect Sitebuilder.live, or its licensors', ownership interests in the technology or Services provided to you. In addition, you may not reverse engineer this technology or the Services.
14. Sitebuilder.Live’s Warranty
Sitebuilder.live warrants that it will perform the Services in accordance with prevailing industry standards. To make a breach of warranty claim, you must notify Sitebuilder.live in writing, specifying the breach in reasonable detail, within thirty (30) days of the alleged breach. Your sole and exclusive remedy, and Sitebuilder.live's sole and exclusive obligation, in the case of a breach of this warranty is, at Sitebuilder.live's option, to (i) reperform the Services, or (ii) issue you a credit based on the amount of time the Services were not in conformity with this warranty, subtracted ("pro-rated") by the amount of time they were in conformance. SERVICES PROVIDED BY THIRD PARTIES ARE EXPRESSLY EXCLUDED FROM THIS WARRANTY.
15. Your Representations and Warranties
a. You agree to reasonably cooperate with us to facilitate your use of the Services. This cooperation includes, but is not limited to, providing us with correct contact and billing information and ensuring that you, your employees, and/or agents have sufficient technical expertise to understand how to implement the Services. b. It is your responsibility to ensure that you can connect with us to use the Services. You represent and warrant that you, or the entity you represent, have the sophistication and technical skill to utilize the Services. c. You have read and agree to the terms outlined in the Sitebuilder.live Support Policy, located at https://www.sitebuilder.live/policies/#Support-Policy. d. You warrant and represent that you have full authority and power to agree to the terms of these Policies on behalf of the company you represent, if any. e. You warrant and represent that you and/or your company have not been identified or listed as Specially Designated National or Blocked Person by relevant authorities.
a. EXCEPT FOR THE WARRANTY IN SECTION 14 ABOVE, THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE IS KNOWN TO SITEBUILDER.LIVE), OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. No oral or written information or advice given by Sitebuilder.live, its employees, agents, owners, directors, officers, or affiliates pursuant to these TOS, or otherwise, shall create a representation or warranty or in any way increase the scope of any representations and warranties set forth in these TOS. SITEBUILDER.LIVE DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE COMPLETE OR FREE FROM DEFECTS OR ERRORS.
b. Sitebuilder.live is not liable, and expressly disclaims any liability, for the content of any data transferred either to, or from, you or stored by you or any of your customers via the Services provided by us. Sitebuilder.live is not responsible for any loss of data, for any reason. Sitebuilder.live is not liable for unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of, data, information or content, transmitted, received, or stored on its network.
c. Sitebuilder.live is not liable, and expressly disclaims any liability, for data breaches or data compromise caused by your failure to keep web applications including plugins up to date.
d. SITEBUILDER.LIVE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, SITEBUILDER.LIVE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY US. NO WARRANTIES, EITHER EXPRESS OR IMPLIED, MADE BY THESE THIRD PARTY ENTITIES TO SITEBUILDER.LIVE SHALL BE PASSED THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD PARTY BENEFICIARY OF THOSE WARRANTIES. REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY US. No warranties, either express or implied, made by these third party entities to Sitebuilder.live shall be passed through to you, nor shall you claim to be a third party beneficiary of those warranties.
e. SOME STATES DO NOT ALLOW SITEBUILDER.LIVE TO EXCLUDE CERTAIN WARRANTIES. IF THIS APPLIES TO YOU, YOUR WARRANTY IS LIMITED TO 90 DAYS FROM THE EFFECTIVE DATE.
17. Limitation of Liability
a. It is your obligation to ensure the accuracy, integrity, title or ownership, and security of anything you receive from the Internet. YOU AGREE THAT SITEBUILDER.LIVE HAS NO LIABILITY, OF ANY SORT, FOR CONTENT YOU OR YOUR CUSTOMERS ACCESS FROM THE INTERNET.
b. IN NO EVENT SHALL SITEBUILDER.LIVE BE LIABLE TO YOU IN CONNECTION WITH THESE TOS OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, FOR ANY: (A) DATA LOSS, (B) DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (C) LOST PROFITS, LOST REVENUES, LOST BUSINESS EXPECTANCY, BUSINESS INTERRUPTION LOSSES, OR BENEFIT OF THE BARGAIN DAMAGES. FOR THE PURPOSES OF THIS PARAGRAPH ONLY, THE TERM “SITEBUILDER.LIVE” SHALL BE INTERPRETED TO INCLUDE SITEBUILDER.LIVE’S EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, AND AFFILIATES.
c. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TOS OR ANY OF THE OTHER POLICIES, SITEBUILDER.LIVE SHALL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF OPPORTUNITY, LOSS OF SALES, OR LOSS OF SEARCH ENGINE RANK, SUFFERED BY YOU, YOUR USERS, YOUR CLIENTS, AND YOUR VISITORS, INCLUDING DURING PERIODS OF SCHEDULED MAINTENANCE, SERVICE SUSPENSIONS, AND VIOLATION OF THESE POLICIES.
d. IN NO EVENT WILL SITEBUILDER.LIVE’S LIABILITY HEREUNDER EXCEED THE AGGREGATE FEES ACTUALLY RECEIVED BY SITEBUILDER.LIVE FROM YOU FOR THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
e. SITEBUILDER.LIVE will not be held responsible for any: (i) force majeure events described in Section 20(b), below, (ii) problems or service outages caused due to reboots during standard maintenance periods, or (iii) Scheduled Downtime, as further defined in our Server Maintenance Policy. Our uptime commitment described in the Server Maintenance Policy, located at https://www.sitebuilder.live/about/policies#Server-Maintenance-Policy, does not apply to disruptions to your use of the network because of a violation of these TOS, including our Policies.
a. You agree to indemnify, defend, and hold harmless Sitebuilder.live and its personnel, parent, subsidiaries and affiliated companies, third party service providers, and each of their respective officers, directors, employees, shareholders, and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, reasonable attorney’s fees) arising out of or relating to (i) your use of the Services, including any data migration-related efforts you request from Sitebuilder.live personnel or authorize Sitebuilder.live personnel to conduct; (ii) any violation by you of these TOS or any of Sitebuilder.live's Policies, including those violations that result in a disruption of the network; (iii) any breach of any of your representations, warranties, or covenants contained in these TOS, including the Policies; or (iv) any acts or omissions by you. The terms of this section shall survive any termination of these TOS or the Services. For the purpose of this paragraph only, the terms used to designate "you" include you, your customers, visitors to your website, and users of your products or services, the use of which is facilitated by us.
b. Sitebuilder.live shall indemnify and hold you harmless from, and at its own expense agrees to defend, or at its option to settle, any claim, suit, or proceeding brought or threatened against you so far as it is based on a claim that Services provided by Sitebuilder.live hereunder infringes any Indian patent, copyright, or trademark. This indemnification provision is expressly limited to Services that are fully owned by Sitebuilder.live. It does not extend to products or services provided by third parties. If contained and permitted in its agreements with third-party suppliers, Sitebuilder.live shall flow down applicable intellectual property indemnification provisions to you. This paragraph will be conditioned on your notifying Sitebuilder.live promptly in writing of the claim and giving Sitebuilder.live full authority, information, and assistance for the defense and settlement thereof. If an infringement claim has occurred, or in Sitebuilder.live’s opinion is likely to occur, Sitebuilder.live shall have the right, at its option and expense, either to: (i) procure for you the right to continue using the Service(s); (ii) replace with the Service(s), regardless of manufacturer, performing the same or similar function as the infringing Service(s), or modify the same so that it becomes non-infringing; or (iii) if neither of the foregoing alternatives is reasonably available, immediately terminate the infringing or affected Services and refund the Fees charged by us for the period in which the Services were unavailable.
a. Notices will be sent to you at the email address in your account. It is your obligation to ensure that we have the most current email address for you by keeping your account information up to date.
b. Please refer to our website, https://www.sitebuilder.live/, for contact information for most issues, including technical support and billing. Notices regarding this TOS and other Sitebuilder.live Policies should be directed to:
Sitebuilder.live Pvt. Ltd.
[City, State, Postal Code]
Indian laws and regulations apply to your use of the Services. It is your obligation to confirm that your use of the Services complies with applicable laws and we encourage you to learn more about Indian laws to ensure that your use of our network complies with these laws.
We may disclose information, including information that you may consider confidential, in order to comply with a court order, subpoena, summons, discovery request, warrant, regulation, or governmental request or to protect our business, or others, from harm. We assume no obligation to inform you that we have provided this type of information unless we have affirmatively agreed to do so. In some cases, we may be prohibited by law from giving such notice. Cooperation with civil litigants is at our discretion. Responding to requests for production of documents, and other matters requiring more than mere ministerial activities on our part, will incur a fee of two hundred dollars ($200) per hour. We do not honor requests from civil litigants that expenses be pre-approved, and we may require a deposit to secure payment.
Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the party’s reasonable control, including without limitation third party service failures, software failures, hardware failures, distributed denial of service (DDoS) attacks, acts of God, bandwidth interruptions, general network outages, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, or delays of common carriers. The obligations and rights of the excused party shall be extended on a day-to-day basis for the time period equal to the period of the excusable delay. The party affected by an excusable delay shall notify the other party as soon as possible, but in no event less than ten (10) days from the beginning of the event.
The validity, interpretation, and performance of these TOS, including our Policies, shall be controlled by and construed under the laws of India. You agree that jurisdiction and venue are exclusive in the appropriate courts located in Mumbai, Maharashtra, India. The parties specifically disclaim the application of any other jurisdiction’s laws or conventions.
All claims you bring against us must be resolved in accordance with our Policies. Without limiting the previous sentence, this includes claims based on Service outages that are expressly covered by our Policies. All claims filed or brought contrary to our Policies will be considered to be improperly filed and a breach of our Policies. If you file a claim contrary to our Policies, we may recover attorney’s fees and costs. Attorney’s fees include any fees charged by our attorneys.
No waiver of a right under these TOS, including our Policies, shall constitute a subsequent waiver of such right under these TOS or any of our Policies.
These TOS may be assigned by Sitebuilder.live. It may not be assigned by you. These TOS shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties.
In the event that any of the terms of these TOS, including any of the Policies become or are declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, such term(s) shall be revised to reflect Sitebuilder.live's intent, as permitted by applicable law. All remaining terms of these TOS shall remain in full force and effect.
Sections 11 through 18 shall survive the termination of these TOS.
The terms “including”, “includes”, and “include” shall be deemed to be followed by the words “without limitation” and the illustrative items introduced thereby shall not limit the scope of the otherwise general term but shall be by way of example only.
No action or proceeding against us may be commenced by you more than one (1) year after the Service which is the basis for the action is rendered. You fully acknowledge that this limitation constitutes an express waiver of any rights under any applicable statute of limitations which would otherwise afford additional time for such a claim.
This is Sitebuilder.Live, Inc.’s (“Sitebuilder.Live”, “we”, or “our”) Server Maintenance Policy. This Server Maintenance Policy discusses the ways in which we maintain our technology to improve and administer the Services (as defined in the Terms of Service) and how you will be impacted by those actions. Capitalized terms used but not defined in this policy have the meaning given to them in our Terms of Services, located at: https://www.Sitebuilder.Live.com/policies/#Terms-Of-Service.
We offer a 99.9% uptime commitment. We will use our commercially reasonable efforts to provide the Services twenty-four (24) hours a day, seven days a week. However, in order to operate in an efficient and secure manner, servers and network equipment require routine maintenance and upgrades (“Scheduled Downtime”) and you acknowledge that from time to time the Services may be unavailable for various reasons, including due to Scheduled Downtime or causes beyond our control. We will provide commercially reasonable advance notice to you for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility, or inoperability of our web servers but we are not responsible for the unavailability.
Planned outages, including Scheduled Downtime, during these periods will not fall under our 99.9% uptime commitment. Sitebuilder.Live will make a reasonable effort to advise Sitebuilder.Live customers as far in advance as possible of any predicted extended outages.
4. Backup of Data
Before attempting to troubleshoot any issue yourself or engaging us to assist with Service issues, please BACKUP ANY AND ALL DATA. Sitebuilder.Live is not responsible for any data loss or corruption, including that resulting from: (i) our authorized actions, (ii) those actions you take using the Services, (iii) hardware failures, or (iv) any software or other technology failures.
5. Customer Responsibilities
This is Sitebuilder.Live, Inc.’s (“Sitebuilder.Live”, “we”, or “our”) Support Policy. The purpose of this Support Policy is to clearly lay out Sitebuilder.Live’s support policies and procedures so that all customers have a clear understanding of what can be expected of us and what we expect of you, our valued customer, in connection with our delivery and your use of the Services (as defined in the Terms of Service). We ask that every customer read these policies and familiarize themselves with them. We look forward to providing quality support for all of your hosting needs. Capitalized terms used but not defined in this policy have the meaning given to them in our Terms of Services, located at: https://www.Sitebuilder.Live.com/policies/#Terms-Of-Service.
2. Backup of Data
Before attempting to troubleshoot any issue yourself or engaging us to assist with Service issues, please BACKUP ANY AND ALL DATA. Sitebuilder.Live is not responsible for any data loss or corruption, including that resulting from: (i) our authorized actions, (ii) those actions you take using the Services, (iii) hardware failures, or (iv) any software or other technology failures.
3. Methods of Support
4. Customer Relationships
We strive to provide you with courteous, professional, and technically accurate support. Although we understand how frustrating technical problems can be, we ask that you treat us with respect and we will do the same in return. Our ultimate goals are the same, providing you with accurate support in a timely manner. If you feel you have been treated unfairly or have any other complaints, you may contact us to reach a supervisor directly.
The timeframes below are when the applicable method of support is provided. You can of course submit tickets outside this time frame, but answers may not be received until business hours resume.
Technical Support Tickets: 24 hours a day, 7 days a week
LiveChat: 24 hours a day, 7 days a week
Phone: 24 hours a day, 7 days a week
Billing Tickets: Monday-Friday 9:00AM - 7:00PM US Eastern Time
Billing and Sales tickets are handled as quickly as possible. Please see our Refund and Billing Policy, located at: https://www.Sitebuilder.Live.com/policies/#Refund-Billing-Policy, for more information regarding Sitebuilder.Live’s billing policies. You can view invoices and update your payment method by accessing the customer portal located at: https://my.Sitebuilder.Live.com/.
Thank you for choosing Sitebuilder.live ("Sitebuilder.live," "we," or "our") for your online needs. This Acceptable Use Policy (AUP) outlines the expectations we have for you and your responsibilities when using our Services (as defined in the Terms of Service). Sitebuilder.live aims to foster a productive online environment while facilitating communication between computer networks. Our goal is to grant users unrestricted access to the Internet's offerings and assist in their business endeavors. This AUP governs your use of our Services to ensure this objective is met. As the Internet landscape is ever-evolving, and our services are subject to diverse forms of potential misuse, activities not explicitly outlined in this AUP may still be deemed prohibited. Consequently, we reserve the right to periodically update this AUP. The latest version will always be accessible here. Any capitalized terms used in this policy but not defined herein bear the meanings assigned to them in our Terms of Service, available at: https://www.sitebuilder.live/policies/#Terms-Of-Service.
a. This AUP, along with our other Policies, constitutes an integral part of your agreement with us, governing your use of our network, resources, and the Services (as defined in the Terms of Service). By using the Services or by checking the "I agree" box to our Terms of Service, customers have accepted our Policies. Non-direct customers who use the Services provided by or through us are also bound by this AUP.
b. While using Sitebuilder.live's Services, you may be subject to policies set forth by third parties delivering Services through Sitebuilder.live. It is highly recommended to review these policies before accepting the obligations of this AUP. Further information about these policies can be provided upon request.
We emphasize the importance of respecting intellectual property rights. Please consult our Digital Millennium Copyright Act (DMCA) Policy, located at https://www.sitebuilder.live/policies/dmca/, for guidance on notifying us about potential intellectual property rights violations. Adherence to U.S. laws governing copyrights, trademarks, patents, and other pertinent regulations related to your use of our Services and intellectual property is mandatory.
a. **Unsolicited Commercial Email (SPAM):** Sending unsolicited commercial email (SPAM) is strictly prohibited. Our network is not intended for mailing lists exceeding five hundred (500) recipients. If you need to email more than five hundred (500) recipients, please contact our Support Team for recommendations. Even if your email recipients are below the five hundred (500) threshold, we will consider your emails as SPAM if they lead to complaints, network disruptions, or negative actions from other Internet providers. Please ensure compliance with the "CAN-SPAM Act" and review its provisions for lawful commercial emails. However, even if email is "CAN-SPAM compliant," it may still be restricted by our AUP. If you suspect a customer is engaged in spamming, please report the issue to: abuse(at)sitebuilder.live (replace "(at)" with "@").
b. Prohibited Content: You are liable for any content transmitted or accessed through our network. Hosting, transmitting, or displaying information, data, or materials in violation of applicable laws or regulations is not allowed. Our network must not be used to facilitate the breach of any law, regulation, or this AUP. While the following list is not exhaustive, it provides examples of activities and content strictly prohibited under this AUP:
ii. IRC scripts/bots, IRCD (irc servers), AutoSurf/PTC/PTS/PPC sites
iii. IP scanners, Bruteforce Programs/Scripts/Applications
iv. Mail Bombers/Spam Scripts
v. File Dump/Mirror Scripts (similar to rapidshare)
vi. Anonymous or Bulk SMS Gateways
vii. Websites promoting human violence, hate crimes, or illegal activities
viii. Selling or disseminating pornography or erotic material, regardless of its literary merit
ix. Hosting adult thumbnail galleries/banner exchanges
x. Lottery/gambling or chain letters, regardless of content
xi. Advertising or operating High-Yield Interest Programs (HYIP), Ponzi or Pyramid schemes, prime banks programs, Bank Debentures/Bank Debenture Trading Programs, or Related Sites
xii. Fraudulent sites
xiii. Broadcasting or streaming live sporting events or television
xiv. Cryptocurrency/bitcoin miners
xv. Impersonating others or falsifying user identity
xvi. Posting personally identifiable information with malicious intent
xvii. Content promoting human trafficking, prostitution, or escort services
xviii. Network unfriendly activities
xix. Hosting content intended to assist in defeating copyright protections
xx. Posting links to prohibited items or instructing others in illegal activities
xxi. Using proxies or proxy scripts/anonymizers
xxii. Hosting content related to drugs, controlled substances, and tobacco, as detailed in our policy
c. **Defamation:** We adhere to U.S. law regarding defamation claims. We will only remove allegedly defamatory content from websites hosted on our servers if it has been ruled defamatory by a U.S. Federal or state court, substantiated by a court order. We rely on the legal system to determine the veracity of defamation claims. If a U.S. Federal or state court deems material defamatory, we will comply and disable access to the material, following a court order.
d. **Network Stability:** If your use of the Services violates our Policies or affects the stability of our equipment, technology, or network, we may suspend or throttle your network usage or terminate our agreement with you at our discretion.
f. **Child Pornography:** Sitebuilder.live strictly prohibits hosting, linking to, or facilitating child pornography, content resembling child pornography, or child exploitative content. Any website found engaging in these activities will be immediately suspended without prior notice.
5. IP Addresses and Software
a. IP Addresses: The IP addresses allocated to you for use with the Services are exclusively designated for your use. Usage of other IP addresses may result in suspension of your Services. These IP addresses are owned by us and are assigned to you as long as you're our customer. We reserve the right to modify these addresses if required. IP addresses cannot be transferred or reassigned. Upon termination of the Services, IP addresses may be recycled.
b. Software: We may provide software as part of the Services during your tenure as a customer. Generally, this software is granted to you through a sublicensing arrangement. You are prohibited from sublicensing or using the software beyond what is permitted by our TOS, Policies, and associated documentation. You will receive a software license or access to one, which may carry additional usage limitations. We do not offer software support, whether obtained through us or independently.
6. Client Notification
In the event of Policy violations, including this AUP, our Compliance Team will make reasonable efforts to inform you via email, furnishing pertinent details about the suspected violation. Our response to alleged violations also considers compliance with relevant federal, state, and local laws, as well as court orders.
7. Contacting Us
We encourage you to report suspected AUP violations. For efficient communication and resolution, we have established dedicated communication channels. Individuals reporting violations must furnish accurate contact information to enable prompt responses. Anonymous correspondence will not be addressed, and any attempts to deceive us regarding identity or complaints will be referred to law enforcement. Please note that information communicated to us is not confidential, irrespective of your claims.
All email correspondence should be sent to: abuse(at)sitebuilder.live (replace "(at)" with "@").
Ann Arbor, MI 48106
8. Date of Policy
This Acceptable Use Policy was last updated August 29, 2018.
Refund & Billing Policy
This document outlines Sitebuilder.Live, Inc.'s ("Sitebuilder.Live", "we", or "our") Refund & Billing Policy. The policy provides information on how we assess charges for our Services (as defined in the TOS) and addresses queries related to charges, refunds, and billing disputes. For definitions of capitalized terms not defined here, please refer to our TOS, available at: https://www.Sitebuilder.Live.com/policies/#Terms-Of-Service.2. AUTOMATIC RENEWAL
a. Package Renewal
As outlined in our Policies, all hosting plans and domain names are configured for automatic renewal upon their respective renewal dates following the initial term and any subsequent renewal terms. The initial renewal date will be visible on the checkout screen at the time of your initial service purchase. For subsequent renewal dates, you can find this information on every invoice sent by Sitebuilder.Live, as well as in the Services and Domains sections of the client portal.
Before each renewal, you will receive an invoice for the upcoming renewal term at the email address associated with your account. This invoice will detail the duration and cost of the renewal. If you wish to cancel the automatic renewal, you can follow the process outlined in Section 8(b)(i) of our Terms of Service, available at: https://www.Sitebuilder.Live.com/policies/#Terms-Of-Service
b. Domain Name Renewal
Domain names are set to automatically renew five (5) days before their expiration date to prevent any service interruptions. This precaution ensures that URLs will continue to redirect to a landing page even if a domain expires.
Please be aware that for all payment methods allowing automatic charges, payment will be processed five (5) days before the domain's expiration date according to the invoice, UNLESS you cancel the renewal more than two (2) days prior to the renewal date. This means you have until seven (7) days before the extension of the domain name service becomes effective to cancel the automatic renewal. For payment methods that don't support automatic payments, manual payment must be made on or before the invoice due date; otherwise, the domain name may lapse.
Fees for renewed packages are due on the package renewal date.
d. Failure to Renew
Accounts with invoices that remain overdue for more than fourteen (14) days will be suspended. If an account is suspended, it can be reactivated by settling all overdue invoices to bring the account up to date before the suspension is lifted. In cases where invoices are more than two months overdue, the account is considered abandoned and is subject to termination.
3. Responsibility for Payment
a. Responsibility for Fees and Payment Schedule
You are accountable for all charges, costs, expenses, and other fees (collectively referred to as "Fees") linked to your utilization of our Services once they are made available to you. Your first invoice is generated upon purchasing our Services. An invoice for the upcoming Renewal Term, including its duration and price, is produced three (3) days before the commencement of the Renewal Term (referred to as the "Due Date"), unless alternative arrangements have been established or a cancellation request has been submitted via the client portal. This invoice can also be accessed in the "My Invoices" section of the Client Portal.
You are responsible for the Fees and charges outlined in the emailed invoice due on the Effective Date, as well as any other invoices generated for Renewal Terms. For payments made via credit card, PayPal Billing Agreement, or other methods capable of automatic charges, the payment will be processed on the Due Date. New Services, packages, or domains ordered and left unpaid after seven (7) days will be subject to cancellation.
If a customer fails to remit payment for provided Services, Sitebuilder.Live reserves the right to assign unpaid overdue balances to a collection agency for appropriate action. By agreeing to this policy, you commit to reimbursing Sitebuilder.Live for all expenses incurred in recovering outstanding sums, including attorneys' fees and other legal expenses, if legal action becomes necessary to retrieve payment for outstanding balances.
b. Unpaid Balances and Collection
Should a customer fail to settle outstanding balances for the Services received, Sitebuilder.Live has the prerogative to assign unpaid overdue balances to a collection agency for the appropriate course of action. You further commit to reimbursing Sitebuilder.Live for any costs incurred during the process of collecting outstanding sums, including attorneys' fees and other legal expenses, should legal action become necessary to secure payment for outstanding balances.
c. Price Adjustments
In our pursuit of staying competitive, we occasionally make changes to our plans and pricing. If you wish to have your plan updated to the current offerings, please reach out to our billing team. While we are unable to retroactively modify invoices that have already been settled, we are more than willing to modify your plan for subsequent invoices.
i. Occasionally, we may make changes to our plans and pricing due to reasons such as fluctuations in non-US Dollar denominated currencies, as specified in Section 7(b) below. However, except for currency fluctuations detailed in Section 7(b) below, no price changes will take effect without your consent during an ongoing initial term or any Renewal Term. Price adjustments may occur between Renewal Terms. Any price changes will be reflected in the invoice sent to you via email.
ii. These charges, which might encompass adjusted prices, will be applied on the Due Date, as previously mentioned. To prevent payment of the adjusted price for the forthcoming Renewal Term, you must cancel your subscription.
iii. If you wish, you can opt to switch plans during an ongoing term or Renewal Term. Although we cannot retroactively modify invoices that have already been paid, we can adjust your plan and pricing for new invoices that have not yet been paid for any Renewal Term.
d. Cancellation or Consent to Mid-Term Price Changes
If a substantial alteration in our business operations or our supplier's prices or services necessitates an adjustment to our Services offering to you during the initial or Renewal Term, we will provide you with a notice specifying the proposed changes in reasonable detail. In the event of such significant changes to the Services, including but not limited to adjustments in the duration of the ongoing term, the scope or nature of the Services provided, or the associated price, you will have a thirty (30) day period from the date of the notice to either: (i) provide your consent to the change(s) and accept the revised terms for the Services effective from the date of your consent, or (ii) allow the Services to be terminated upon the expiration of the thirty (30) day period. Failure to consent to the changes and accept the modified terms within the thirty (30) day timeframe will indicate your acknowledgment and acceptance that Sitebuilder.Live reserves the right to terminate the Services prior to the conclusion of the ongoing term, without requiring further notice or consent.
Certain Hosting Services come with an unconditional thirty (30) day satisfaction guarantee. To initiate the cancellation of your Hosting Services and receive a refund of the fees paid, you are required to contact us through the Client Portal within thirty (30) days from the Effective Date. Upon your cancellation request, a refund will be issued to you.
If you choose to cancel your Hosting Services between thirty-one (31) and ninety (90) days from the Effective Date, you will be eligible for a pro-rata refund of the fees for the Hosting Services. This refund will be based on the unused portion of the Hosting Services remaining on your current subscription.
For cancellations requested after ninety (90) days from the Effective Date, no refunds will be applicable. Any refunds granted beyond this point are solely at our discretion.
Refund requests received after one hundred twenty (120) days from the Effective Date will be issued via PayPal. It's important to note that refunds are not provided for partial months of service. Accounts that are terminated due to violations of our Policies are not eligible for a refund.
Accounts that are terminated due to violations of the Terms of Service are not eligible for a refund or any service credits. Additionally, domain registrations, setup fees, and migration fees are non-refundable. Service credits hold no cash value and are granted at our discretion. These service credits expire either upon the termination or expiration of your account, or twenty-four (24) months from the date of issuance, whichever comes first.
a. Refund Processing and Third-Party Payment Processors
All refunds are subject to the terms of service set by any third-party payment processors. In cases where the terms of the third-party payment processor differ from those outlined in our TOS and Policies, the payment processor's terms take precedence. If we encounter difficulties in refunding fees or charges through the original method of payment, we will make commercially reasonable efforts to return or credit the appropriate funds to you.
b. Refund Method for Different Payment Modes
If you made your payment using a credit card, the refund will be credited back to the card on file. For payments made through PayPal, we will initiate steps to refund the corresponding PayPal account. In cases where you utilized another payment processor, we will undertake steps to refund the appropriate fees through that specific payment processor. Please be aware that if the information we have on record for your account is not current, your refund may not be successfully processed.
Refund requests for payments made to Sitebuilder.Live through bank transfer, check, money order, or credit card payments more than one hundred twenty (120) days ago will be issued exclusively via PayPal. If you are unable to accept PayPal payments, you will not be eligible for a refund via alternative methods. It's important to note that Sitebuilder.Live holds no responsibility for any fees deducted from refunds processed by PayPal.
a. Exclusion of Service Credits for Unpaid Invoices
Customers who are not up-to-date on their invoice payments for the Services at the time of reporting a claimed outage are not eligible to receive service credits in relation to any outages.
b. Ineligibility for Service Credits Based on Payment History
Customers who have failed to make timely invoice payments on more than three occasions within the 12 months preceding the reported outage are not qualified to receive service credits.
c. Limitations and Automated Systems
In order to provide a secure and high-performance hosting environment, we employ automated systems designed to mitigate malicious and resource-intensive activities. There are instances where non-malicious activities might trigger our systems, causing your legitimate usage to be flagged as malicious. This can potentially result in limitations imposed on your ability to use our Services, such as bandwidth throttling, suspension, or termination of your account. It's important to note that any interruption, suspension, or change in the availability of the Services arising from such system-triggered actions will not be classified as downtime and will not be eligible for service credits. This decision is made at our sole discretion.
a. Payment Methods
We offer various payment methods to accommodate your preferences. You can pay using Visa, MasterCard, Discover, American Express, JCB, Diner's Club, PayPal, Skrill, PayULatam (Argentina, Brazil, Colombia, Mexico, Peru), UnionPay (for China-based customers), check, money order, and wire transfers. By providing us with your payment information, you are granting us the authorization to charge your account on the Due Date of any invoices linked to the account. Wire transfer banking information can be found on our invoice. A fee of twenty-five dollars ($25) will be applied for each returned check.
b. Currency and Exchange Rates
We accept payments in US Dollars as well as select non-USD currencies, as listed on our website. All Service fees are calculated in US Dollars. We strive to charge you in the currency you selected upon checkout, but if the payment gateway doesn't support that currency, it will be converted to USD and charged accordingly. Displayed prices in non-USD currencies are based on exchange rates for that day and may differ from the final rate provided by your bank. Please note that exchange rates are subject to change, potentially resulting in increases or decreases in non-US Dollar denominated prices for the Services. When renewing, we adjust prices for non-USD customers based on current Services prices, using exchange rates posted on the day invoices are generated. Depending on your billing cycle, we may choose not to adjust renewal prices for all invoices, but this does not waive our right to adjust renewal prices for future invoices. Additionally, you might encounter extra fees or charges from the administrator of your chosen payment method. Please be aware that Sitebuilder.Live is not liable for these additional charges.
a. Data Migration Authorization
For any data migration to occur, you grant Sitebuilder.Live permission to access your data for the purpose of data migration. Prior to requesting Services that involve data migration, you agree to create backups of your data on both the source and target servers, as appropriate.
When upgrading to a higher-priced hosting plan, we will perform the account migration to the new Service without any charge. If you choose to move to a new data center during the upgrade process, the data center migration fee will also be waived. Upgrade requests are processed and effective only after payment is made for the price difference between the packages. Moving to another data center without upgrading your account incurs a migration fee of twenty-five dollars ($25).
When downgrading to a lower-priced plan, the difference between the amount you have already paid for the current package and the new package's price will be applied as a service credit to your billing account. Refunds will not be issued in this case, and a downgraded migration fee of twenty-five dollars ($25) may be charged. If you are considering an upgrade or downgrade, it's recommended to reach out to our sales or billing department to discuss suitable options and pricing.
d. Migrations from Other Hosts
Migrations from other hosts are considered a Service under our Policies. Complementary migrations require you to provide cPanel account credentials for your previous hosting environment. Migrations from non-cPanel hosting environments may incur a fee determined by our migration team based on the complexity of the migration.
- Startup, Drive, Turbo Boost, and Turbo Max clients receive one complimentary migration. If your previous host doesn't provide cPanel access, a migration fee may apply.
- Reseller Hosting, Dedicated Hosting, and Managed VPS clients receive twenty-five complimentary cPanel account migrations. Migrations related to SITEBUILDER.LIVE's Shared Web Hosting or Reseller Hosting Services are limited to thirty gigabytes in size. Migrations exceeding this limit may be approved on a case-by-case basis at SITEBUILDER.LIVE's sole discretion. If your previous host doesn't provide cPanel access or you need more than twenty-five migrations, a migration fee may be assessed.
e. Other Migration Situations
In specific migration cases, we may accommodate your unique needs, depending on our migration workload. In such situations, you might incur a charge determined by our migration team based on the complexity of the migration and your specific requirements.
a. Invoice Errors and Refunds
If you identify an error on your invoice, please inform us promptly by either calling our Billing Department or submitting a ticket through our Client Portal at https://my.Sitebuilder.Live.com/. We will rectify invoice errors if notified within ninety (90) days. Requests made after this period may not be honored. If a refund is appropriate, it will be credited to your account as a service credit, which can be applied to future invoices. Please note that service credits have no cash value.
b. Charge Inquiries
If you have questions or concerns about a charge from Sitebuilder.Live, you can submit a support ticket through our Client Portal at https://my.Sitebuilder.Live.com. Any chargebacks received will incur a fifty-dollar ($50) investigation fee on the associated billing account, and all services will be immediately suspended pending investigation. Accounts that have experienced a chargeback may also have their future use of payment methods restricted. The account related to the payment may be suspended or terminated upon receipt of a chargeback or payment reversal.
While you are not obligated to provide us with any suggestions, enhancement requests, recommendations, or other feedback regarding our products and services, if you do offer Feedback, we reserve the right to use and incorporate it into our products and services without any restrictions or payment obligations.