{"id":131,"date":"2023-08-29T11:02:07","date_gmt":"2023-08-29T11:02:07","guid":{"rendered":"https:\/\/sitebuilder.live\/?page_id=131"},"modified":"2023-08-29T12:58:55","modified_gmt":"2023-08-29T12:58:55","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/sitebuilder.live\/terms-and-conditions\/","title":{"rendered":"Terms Of Service"},"content":{"rendered":"\n
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\").<\/p>\n\n\n\n
By engaging in communication with us, accessing our web properties, or utilizing our Services, you acknowledge these TOS and pledge to adhere to the then-current edition of: these TOS, our Acceptable Use Policy, our Support Policy, our Refund & Billing Policy, our Privacy Policy, our Server Maintenance Policy, and our DMCA Policy. These documents collectively form the \"Policies\" and are integrated into these TOS through reference. You understand that these Policies are subject to periodic revisions by us, and your continued utilization of our Services signifies your consent to be bound by any such revisions. The most recent rendition of these TOS can always be accessed here.<\/p>\n\n\n\n
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\")<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
For supplementary insights into our Services, including those listed below, please consult our Knowledgebase, accessible at: https:\/\/sitebuilder.<\/a>live<\/a>\/kb<\/a>. In case of any conflict with the content provided in the Knowledgebase, these TOS take precedence.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n Terms That Apply to All Hosting Services\u00a0<\/strong><\/em><\/p>\n\n\n\n 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.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n a. cPanel<\/strong><\/p>\n\n\n\n i. cPanel Services<\/strong><\/p>\n\n\n\n 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.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n b. Plesk<\/strong><\/p>\n\n\n\n i. Plesk Services<\/strong><\/p>\n\n\n\n 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.<\/p>\n\n\n\n d. Titan<\/strong><\/p>\n\n\n\n i. Titan Email Services<\/strong><\/p>\n\n\n\n d.1. Titan email services are delivered through a third-party provider, FLOCK FZ-LLC DMCC. By subscribing to Titan services via us, you concur to be bound by Titan's Agreements and Policies, including but not limited to Titan's Customer Terms and Titan's Privacy Policy. These documents are available at: [https:\/\/support.titan.email\/hc\/en-us\/sections\/360006033194-Agreements-and-Policies](https:\/\/support.titan.email\/hc\/en-us\/sections\/360006033194-Agreements-and-Policies). Prior to utilizing any Titan services facilitated by us, it is essential to review Titan's Agreement and Policies.<\/p>\n\n\n\n **e. Usage Restrictions for Control Panel Services**<\/strong><\/p>\n\n\n\n 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.<\/p>\n\n\n\n **a. Enrollment**<\/strong><\/p>\n\n\n\n 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.<\/p>\n\n\n\n **b. Account Information**<\/strong><\/p>\n\n\n\n b.1. Accurate Account Details:<\/strong> 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.<\/p>\n\n\n\n c. Account Security<\/strong><\/p>\n\n\n\n I. Responsibility for Account Actions<\/strong><\/p>\n\n\n\n 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.<\/p>\n\n\n\n ii. Support Services and Account Liability<\/strong><\/p>\n\n\n\n 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.<\/p>\n\n\n\n iii. Account Access Permission and Security Measures<\/strong><\/p>\n\n\n\n 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.<\/p>\n\n\n\n 8. Term of Agreement; Billing & Payment.<\/strong><\/p>\n\n\n\n 10. Use of the Services<\/strong><\/p>\n\n\n\n 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.<\/p>\n\n\n\n 11. Testimonials<\/strong><\/p>\n\n\n\n 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.<\/p>\n\n\n\n 12. Data Backups<\/strong><\/p>\n\n\n\n YOU ACKNOWLEDGE THAT IT IS SOLELY YOUR RESPONSIBILITY TO REGULARLY BACK-UP AND MAINTAIN COPIES OF YOUR DATA OUTSIDE OF SITEBUILDER.LIVE\u2019S 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.<\/p>\n\n\n\n 13. Licenses; Intellectual Property; Data Ownership<\/strong><\/p>\n\n\n\n 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.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n c. We use all information we gather as specified under the terms of our Privacy Policy. You hereby grant Sitebuilder.live, and any third parties used by Sitebuilder.live to provide the Services, a non-exclusive, non-transferable, worldwide, royalty-free license to use, disseminate, transmit, and cache content, technology, and information provided by you and, if applicable, End Users, in conjunction with the Services.<\/p>\n\n\n\n d. For information on how we share data and other confidential information, please see our Privacy Policy, located at https:\/\/www.sitebuilder.live\/about\/policies#Privacy-Policy<\/a>.<\/p>\n\n\n\n 14. Sitebuilder.Live\u2019s Warranty<\/strong><\/p>\n\n\n\n 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.<\/p>\n\n\n\n 15. Your Representations and Warranties<\/strong><\/p>\n\n\n\n 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<\/a>. 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.<\/p>\n\n\n\n 16. Disclaimers<\/strong><\/p>\n\n\n\n a. EXCEPT FOR THE WARRANTY IN SECTION 14 ABOVE, THE SERVICES ARE PROVIDED \u201cAS IS\u201d 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.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n 17. Limitation of Liability<\/strong><\/p>\n\n\n\n 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.<\/p>\n\n\n\n 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 \u201cSITEBUILDER.LIVE\u201d SHALL BE INTERPRETED TO INCLUDE SITEBUILDER.LIVE\u2019S EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, AND AFFILIATES.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n d. IN NO EVENT WILL SITEBUILDER.LIVE\u2019S 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.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n 18. Indemnification<\/strong><\/p>\n\n\n\n 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\u2019s 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.<\/p>\n\n\n\n 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\u2019s 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.<\/p>\n\n\n\n 19. Notices<\/strong><\/p>\n\n\n\n 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.<\/strong><\/p>\n\n\n\n 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:<\/strong><\/p>\n\n\n\n Sitebuilder.live Pvt. Ltd.<\/strong><\/p>\n\n\n\n [Address]<\/strong><\/p>\n\n\n\n [City, State, Postal Code]<\/strong><\/p>\n\n\n\n [Country]<\/strong><\/p>\n\n\n\n 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.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n 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\u2019s 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.<\/p>\n\n\n\n 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\u2019s laws or conventions.<\/p>\n\n\n\n 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\u2019s fees and costs. Attorney\u2019s fees include any fees charged by our attorneys.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n Sections 11 through 18 shall survive the termination of these TOS.<\/p>\n\n\n\n The terms \u201cincluding\u201d, \u201cincludes\u201d, and \u201cinclude\u201d shall be deemed to be followed by the words \u201cwithout limitation\u201d and the illustrative items introduced thereby shall not limit the scope of the otherwise general term but shall be by way of example only.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n This is Sitebuilder.Live, Inc.\u2019s (\u201cSitebuilder.Live\u201d, \u201cwe\u201d, or \u201cour\u201d) Server Maintenance Policy. \u00a0This 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. \u00a0Capitalized terms used but not defined in this policy have the meaning given to them in our Terms of Services, located at:\u00a0\u00a0https:\/\/www.Sitebuilder.Live.com\/policies\/#Terms-Of-Service.<\/p>\n\n\n\n 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 (\u201cScheduled Downtime\u201d) 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.<\/p>\n\n\n\n Planned outages, including Scheduled Downtime, during these periods will not fall under our\u00a099.9% uptime commitment. \u00a0Sitebuilder.Live will make a reasonable effort to advise Sitebuilder.Live customers as far in advance as possible of any predicted extended outages.<\/p>\n\n\n\n 4. Backup of Data<\/strong><\/p>\n\n\n\n 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.<\/p>\n\n\n\n 5. Customer Responsibilities<\/strong><\/p>\n\n\n\n Support Policy<\/strong><\/p>\n\n\n\n 1. Purpose<\/strong><\/p>\n\n\n\n This is Sitebuilder.Live, Inc.\u2019s (\u201cSitebuilder.Live\u201d, \u201cwe\u201d, or \u201cour\u201d) Support Policy. \u00a0The purpose of this Support Policy is to clearly lay out Sitebuilder.Live\u2019s 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. \u00a0Capitalized terms used but not defined in this policy have the meaning given to them in our Terms of Services, located at:\u00a0https:\/\/www.Sitebuilder.Live.com\/policies\/#Terms-Of-Service<\/a>.<\/p>\n\n\n\n 2. Backup of Data<\/strong><\/p>\n\n\n\n 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.<\/p>\n\n\n\n 3. Methods of Support<\/strong><\/p>\n\n\n\n 4. Customer Relationships<\/strong><\/p>\n\n\n\n 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\u00a0contact us<\/a>\u00a0to reach a supervisor directly.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n Technical Support Tickets<\/strong>: 24 hours a day, 7 days a week<\/p>\n\n\n\n LiveChat<\/strong>: 24 hours a day, 7 days a week<\/p>\n\n\n\n Phone<\/strong>: 24 hours a day, 7 days a week<\/p>\n\n\n\n Billing Tickets<\/strong>: Monday-Friday 9:00AM - 7:00PM US Eastern Time<\/p>\n\n\n\n Billing and Sales tickets are handled as quickly as possible. \u00a0Please see our Refund and Billing Policy, located at:\u00a0https:\/\/www.Sitebuilder.Live.com\/policies\/#Refund-Billing-Policy<\/a>, for more information regarding Sitebuilder.Live\u2019s billing policies. You can view invoices and update your payment method by accessing the customer portal located at:\u00a0https:\/\/my.Sitebuilder.Live.com\/<\/a>.<\/p>\n\n\n\n3.3 Range of Services<\/strong><\/h3>\n\n\n\n
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4. Domain Name Registration<\/h2>\n\n\n\n
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<\/strong>Our Hosting accounts include allocated bandwidth based on your selected package. Bandwidth for purchased Services does not carry over or accrue between billing periods. If you require more bandwidth than your purchased allowance, your account may be suspended until the next billing cycle, you may opt to upgrade your account for additional bandwidth, your account could be terminated for violating package terms, or an extra fee might be applied for exceeding your allocation, at our sole discretion.<\/li>\n\n\n\n
<\/strong>Included in the Service cost are the specified number of primary IP addresses corresponding to your selected plan. Additional IP addresses can be requested for an extra fee. Should a change to any assigned IP address become necessary, we will notify you via email. Usage of the provided IP addresses is limited to their association with the Services and is not transferrable.\u00a0<\/em><\/li>\n\n\n\n
<\/strong>While utilizing our hosting Services, you must avoid overloading our CPUs, servers, or other resources, including customer support services. Note that measures such as bandwidth, connection speeds, and similar capacity indicators are maximum values. Consistently operating at these maximum capacities could result in us implementing usage restrictions, which might include account suspension, termination, or a reduction in available bandwidth (referred to as bandwidth throttling), at our sole discretion. You acknowledge that we retain the right to impose usage limitations on the Services or customer support services if your usage surpasses that of similarly situated customers.<\/li>\n<\/ol>\n\n\n\n5. Terms Specific to Hosting Services<\/h2>\n\n\n\n
Resellers<\/strong><\/h3>\n\n\n\n
Access<\/strong><\/h3>\n\n\n\n
Control Panels<\/strong><\/h3>\n\n\n\n
Enrollment; Account Information<\/strong><\/h2>\n\n\n\n
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20.\u00a0Legal<\/strong><\/h2>\n\n\n\n
Compliance with Law<\/h3>\n\n\n\n
Force Majeure<\/h3>\n\n\n\n
Choice of Law, Jurisdiction, and Venue<\/h3>\n\n\n\n
All Claims<\/h3>\n\n\n\n
No Waiver<\/h3>\n\n\n\n
Assignment<\/h3>\n\n\n\n
Severability<\/h2>\n\n\n\n
Survival <\/strong><\/h3>\n\n\n\n
Construction <\/h3>\n\n\n\n
Claims Period<\/h3>\n\n\n\n
Server Maintenance Policy<\/strong><\/h2>\n\n\n\n
1. Purpose<\/strong><\/h3>\n\n\n\n
2. Availability<\/strong><\/h3>\n\n\n\n
3. Maintenance<\/strong><\/h3>\n\n\n\n
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5. Support Hours <\/strong><\/h3>\n\n\n\n
6. Support<\/strong><\/h3>\n\n\n\n
7. Billing and Sales Support<\/strong><\/h3>\n\n\n\n
Acceptable Use Policy<\/strong><\/h2>\n\n\n\n