{"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

1. Purpose<\/strong><\/h2>\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

2.\u00a0\u00a0Customers<\/strong><\/h2>\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

3.\u00a0Services<\/strong><\/h2>\n\n\n\n

3.1 Scope of Services<\/strong><\/h3>\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

3.2 Knowledgebase<\/strong><\/h3>\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

3.3 Range of Services<\/strong><\/h3>\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

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  1. Shared Web Hosting:<\/strong> This includes hosting for databases (limited to five (5) gigabytes per database) and email accounts (limited to fifteen (15) gigabytes of space). Learn more<\/a><\/li>\n\n\n\n
  2. Unmanaged VPS Hosting:<\/strong> Learn more<\/a><\/li>\n\n\n\n
  3. Managed VPS Hosting (Linux based):<\/strong> Learn more<\/a><\/li>\n\n\n\n
  4. Reseller Hosting:<\/strong> This includes hosting for databases (limited to five (5) gigabytes per database) and email accounts (limited to fifteen (15) gigabytes of space). Learn more<\/a><\/li>\n\n\n\n
  5. Cloud Hosting:<\/strong> Learn more<\/a><\/li>\n\n\n\n
  6. Unmanaged Dedicated Server Hosting:<\/strong> Learn more<\/a><\/li>\n\n\n\n
  7. Managed Dedicated Server Hosting:<\/strong> Learn more<\/a><\/li>\n\n\n\n
  8. Email Hosting (POP3, SMTP, IMAP):<\/strong> Learn more<\/a><\/li>\n\n\n\n
  9. Domain Registration:<\/strong> Access here<\/a><\/li>\n\n\n\n
  10. Software and Development Options:<\/strong> These Services encompass various software and development options. Explore<\/a>.<\/li>\n<\/ol>\n\n\n\n

    4. Domain Name Registration<\/h2>\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

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    1. It is solely your responsibility to thoroughly investigate and confirm that the domain name you register does not infringe upon the legal or intellectual property rights of others. We do not verify whether a registered or utilized domain name infringes upon any third-party rights. We advise you to seek legal counsel prior to registering any domain.<\/em><\/li>\n\n\n\n
    2. SiteBuilder.Live will exert commercially reasonable efforts to comply with legal orders related to the cancellation, modification, or transfer of your domain name. According to ICANN's Transfer Policy, a 60-day transfer lock applies to your domain name(s) in the event of a \"Change of Registrant.\" Currently, your domain name is locked for any change in your WhoIs information. This measure aims to safeguard your domain from unauthorized transfer attempts. This 60-day transfer lock cannot be waived. Any \"Change of Registrant\" as defined by ICANN's Transfer Policy will subject the domain to the 60-day transfer lock. The parameters triggering this lock are subject to change. The current parameters include: (A) change of registrant First Name, (B) change of registrant Last Name, (C) change of registrant Organization Name, (D) change of registrant Email. Additionally, you acknowledge and comprehend ICANN's Domain Verification policies and any other existing or future policies enacted by them. Further information can be accessed at: [https:\/\/www.enom.com\/reseller\/legal-policy-agreements\/registrant-benefits-and-responsibilities\/](https:\/\/www.enom.com\/reseller\/legal-policy-agreements\/registrant-benefits-and-responsibilities\/), [https:\/\/www.icann.org\/en\/resources\/registrars\/registrant-rights\/educational](https:\/\/www.icann.org\/en\/resources\/registrars\/registrant-rights\/educational), and [https:\/\/www.icann.org\/en\/resources\/registrars\/registrant-rights\/benefits](https:\/\/www.icann.org\/en\/resources\/registrars\/registrant-rights\/benefits)<\/em><\/li>\n<\/ol>\n\n\n\n

      Terms That Apply to All Hosting Services\u00a0<\/strong><\/em><\/p>\n\n\n\n

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      1. Bandwidth Allocation
        <\/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
      2. \u00a0IP Address Provision
        <\/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
      3. Resource Usage
        <\/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\n

        5. Terms Specific to Hosting Services<\/h2>\n\n\n\n

        Resellers<\/strong><\/h3>\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

        Access<\/strong><\/h3>\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

        Control Panels<\/strong><\/h3>\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

        Enrollment; Account Information<\/strong><\/h2>\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

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        1. Term<\/em>.  We are not bound to perform Services until we receive payment from you when you checkout through our web platform (the \u201cEffective Date\u201d).  We will begin delivery of the Services on the Effective Date and continue until the date set out on the page describing the Services located at my.Sitebuilder.Live.com<\/a>(\u201cInitial Term\u201d).<\/li>\n\n\n\n
        2. AUTOMATIC RENEWAL<\/strong>. The Initial Term will\u00a0AUTOMATICALLY RENEW<\/u><\/strong>\u00a0for successive periods of\u00a0equal duration<\/u><\/strong>\u00a0(each a \u201cRenewal Term\u201d). \u00a0For more information on automatic renewal, please see our Refund and Billing Policy located at:\u00a0https:\/\/www.Sitebuilder.Live.com\/policies\/#Refund-Billing-Policy<\/a>. \u00a0If you wish to discontinue the Services, you need to notify us by using one of the methods below before automatic renewal for a Renewal Term. You can notify us by:
          1. Submitting a cancellation at least one (1) day before the beginning of a Renewal Term through our online cancellation form found at my.Sitebuilder.Live.com<\/a>; or<\/li><\/ol>\n
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            1. Contacting us at least fifteen (15) days before the beginning of a Renewal Term by sending an email to billing(at)Sitebuilder.Live.com<\/a>  (replace \u201c(at)\u201d with \u201c@\u201d) or contacting us through our customer portal at https:\/\/my.Sitebuilder.Live.com<\/a>.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
            2. Termination.\u00a0<\/em>Regardless of the method of termination by you, valid proof of account ownership and authorization to cancel are required to terminate an account.
              1. Termination for Convenience.
                1. Either party may terminate the Services for convenience upon fifteen (15) days prior by providing written notice to the other. \u00a0We only accept cancellations through our online cancellation form found at\u00a0my.Sitebuilder.Live.com<\/a>. \u00a0\u00a0If you terminate for convenience, you will be responsible for all charges for the duration of the then active Initial or Renewal Term.<\/strong>\u00a0For details on our Money Back Guarantee, please see our Refund & Billing Policy, located at\u00a0https:\/\/www.Sitebuilder.Live.com\/policies\/#Refund-Billing-Policy<\/a>.Before cancelling, we request that you, but do not require you to, contact us and request an escalation of your issue if your cancellation is due to unsatisfactory services or an unsatisfactory answer to a previous issue. If your agreement with us is for a set term, please\u00a0contact us<\/a>\u00a0prior to canceling to determine what your charges will be in connection with the termination. \u00a0All cancellation requests need to be submitted through our online cancellation form found at\u00a0my.Sitebuilder.Live.com<\/a>.<\/li><\/ol>Sitebuilder.Live Termination<\/strong>. \u00a0We reserve the right to immediately suspend or cancel the Services without notice: (a) for a violation of these TOS, including any of our Policies; (b) for your failure to pay any amounts due, (c) to prevent a service interruption by an Internet Service Provider or other network services provider, or (d) to protect the integrity of Sitebuilder.Live\u2019s network or the security of the Services. You are not entitled to notice or protest should we exercise these rights. Upon termination, your account will be closed, data deleted, and all fees and charges due and payable must be paid to us. Once your account is closed, we have no responsibility to: (x) forward email, or other communications or (y) maintain any data backup that predates the termination date. If allowed, you are encouraged to keep the Service active during a transition period should you seek to forward your email or other communications. \u00a0If we suspend or terminate your use of our Services because you have violated these TOS, including any of our Policies, we will not provide you with a credit.<\/li><\/ol>\n
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                  1. For Breach.  You may terminate the Services upon the occurrence of a material breach by Sitebuilder.Live, which has not been cured within thirty (30) days of our receipt of written notice of the breach. A material breach does not include any of the items listed in Section 19(b).  Notice of a material breach must contain sufficient detail for us to identify the breach and attempt to take corrective action.<\/li>\n<\/ol>\n<\/li>\n\n\n\n
                  2. Post Termination Access<\/strong>. \u00a0\u00a0If we are able to provide data from backup in an account that has been terminated, you will be subject to a one-time charge of seventy-five dollar ($75) or more to cover the cost of the access. \u00a0All data in accounts that are not renewed or are terminated will be removed from our servers and will likely be irretrievably lost. Any domain registration packages associated with these accounts will also be canceled.<\/li>\n\n\n\n
                  3. Billing, Refund & Payment<\/strong>. \u00a0Please see our Refund & Billing Policy, located at:\u00a0https:\/\/www.Sitebuilder.Live.com\/policies\/#Refund-Billing-Policy<\/a>\u00a0for additional details on billing, refunds, and payment processes and procedures.\u00a0<\/li>\n<\/ol>\n\n\n\n