This Services Agreement (the “Agreement”) contains the complete terms and conditions which govern your subscription of Web hosting, Domain Registrations and other Internet-related services provided by Buildic Web (the “Services”). As used in this Agreement, “Buildic Web” means Buildic Web and “Client”, “you”, or “your” means you. By clicking on the “Submit Order” button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Buildic Web site. As referred to in this Agreement, “Site” refers to a World Wide Web site and “Buildic Web Site” refers to the Site located at the URL https://www.buildic.com or any other successor Sites owned or maintained by Buildic Web.
In addition to the following, the Acceptable Use Policies provide more detailed information regarding what is acceptable use of our products and services.
Buildic Web provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such services.
Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client – or through Client by a third party – to any Buildic Web server in connection with Client’s use of the Services which:
Web Hosting Accounts: Client may occupy only the amount of disk space on the Buildic Web Server that is allotted by Buildic Web. Additional fees, specified in the hosting plans, will be charged for exceeding the disk space. Disk space measurement includes all customer content and generated content from their web site and includes but is not limited to MySQL data, Mailing List data and data in /home/user directories for virtual accounts. Buildic Web is not responsible for measurements provided by individual control panel software, which is 3rd party software not controlled by Buildic Web, which may or may not include all of the customer data in their measurements.
Licensed Software Only: Client agrees to use only properly licensed third party software in connection with Client’s use of the services.
Back-up Files and Processing: Shared Hosting Clients will have the ability to reinstate files which are automatically archived by Buildic Web upon request for a minimal fee; however, Buildic Web does not guarantee the existence, accuracy, or regularity of its backup services, and therefore, Client is responsible for making back-up files in connection with its use of the services. The accuracy and quality of backup processes provided by 3rd party software, such as the individual 3rd party control panels, is not guaranteed by Buildic Web.
Buildic Web Design reserves the right to refuse service to anyone. Buildic Web, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the services, please contact www.buildic.com/contact-us/
Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a year-to-year basis unless otherwise specified by separate agreement (the “Term”) unless terminated earlier pursuant to the provisions of this section. Either party will have the right to terminate this Agreement upon notice to the other party.
If Buildic Web suspends a virtual account for non-payment, Client shall be allowed to re-instate Client’s use of the Services within Five (5) business days of cancellation upon approval from Buildic Web and full payment of balances due.
If a Client terminates their account, Buildic Web will disable the server/account the day the client specifies the account is canceled. Buildic Web will not maintain an archival copy of the Clients Web site or files. It is the responsibility of the Client to remove any data off the server prior to the date provided in their cancellation notice.
Client will pay and indemnify and hold Buildic Web harmless from any and all taxes associated with or arising from Client’s use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
THE SERVICES, THE BUILDIC WEB SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE BUILDIC WEB SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN ‘AS IS’ BASIS AND WITHOUT WARRANTY OF ANY KIND. BUILDIC WEB SITE, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BUILDIC WEB SITE, SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
IN NO EVENT SHALL BUILDIC WEB BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE BUILDIC WEB SITE OR ANY BUILDIC WEB PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL BUILDIC WEB CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).