Acceptable Use Policy (AUP)/Terms Of Service (TOS)

Last updated 10-May-07

By using our webhosting services, you agree to comply with our policies. You are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use. The following are unacceptable uses:

Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted software, violation of U.S. export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities.

Interpretation

The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. WEBuilder reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.

Illegal Use

WEBuilder servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: "Pirated software", "Hackers programs or archives", "Warez Sites", "Irc Bots", "Mp3".

WEBuilder further reserves the right to suspend or terminate service to any websites affiliated with known or suspected terrorist organizations at our discretion.

We will be the sole arbiters as to what constitutes a violation of this provision.

System and Network Security

Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.

It is a violation for anyone who, including but not limited to, employs posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for their own account; or resale of access to CGI scripts installed on our servers.

Tortious Conduct

No one shall post defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.

Spamming

Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site or distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam.

It is contrary to WEBuilder policy for customers to use our servers to effect or participate in any of the following activities:

When WEBuilder becomes aware of an alleged violation of its Acceptable Use Policy, WEBuilder will initiate an investigation (within 24-48 hours). During the investigation WEBuilder may restrict Customer's access in order to prevent further possible unauthorized activity. If the Customer is found in violation of our SPAM policy, WEBuilder may, at its sole discretion, restrict, suspend, or terminate Customer's account and/or pursue other civil remedies. Also, WEBuilder reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation.

WEBuilder does not issue service credits for any outages incurred through service disablement resulting from Policy violations.

The Customer shall be held liable for any and all costs incurred by WEBuilder as a result of the customer's violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. First violations will result in a Cleanup Fee of $260. The customer’s account will be suspended until payment has been made.

Each subsequent violation thereafter will result in Cleanup Fee of $515 and immediate suspension of the customer’s account until payment is made. The Customer who violates this policy agrees to also pay Investigation Fees of no more than $125 per hour that WEBuilder personnel must spend to investigate any violations.

Modification

WEBuilder reserves the right to add, delete, or modify any provision of this Policy at any time without notice.

WEBuilder
CUSTOMER SERVICE AGREEMENT

This is an agreement between you and WEBuilder regarding your use of WEBuilder's computer, interactive information, communication and server management service. This Agreement governs the terms and conditions under which WEBuilder makes the services offered by WEBuilder available to individual consumers through a personal computer or similar access, or to individual consumers or small businesses in connection with the " WEBuilder " webhosting or similar services.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

1. WEBuilder will host an account for you, the purchaser (hereafter referred to as the Account Holder), for the Account Holder's chosen domain name, for the period of time (the Term) corresponding with the payment plan chosen by the Account Holder. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated. We require notification of non-renewal with at least 30 days notice but not more than 60 days prior to the renewal date. If you do not provide this notice, you will be charged for the next terms rate.
2. WEBuilder's services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. WEBuilder expressly disclaims any representation or warranty that the WEBuilder services will be error-free, secure or uninterrupted. No oral advice or written information given by WEBuilder, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. The terms of this Section will survive any termination of this Agreement.
3. The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography, graphic violence or death. Violations of these or any other provisions of this Agreement may result in termination of the services provided by WEBuilder, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of WEBuilder based upon the severity of the violation. WEBuilder reserves the right to refuse service if any of the content within, or any links from, the Account Holder's website is deemed illegal, misleading, or obscene, or is otherwise in breach of WEBuilder's then current Acceptable Use Policy, in the sole and absolute opinion of WEBuilder. Notwithstanding anything in this Agreement, the content of the Account Holder's website is the sole responsibility of the Account Holder. The Account Holder agrees to indemnify and hold harmless WEBuilder from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred by WEBuilder, (collectively, Claims) related to or in connection with the content of the Account Holder's website. The terms of this Section will survive any termination of this Agreement.
4. Account Holder acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Account Holder. Account Holder is aware that WEBuilder reserves the right to change the specified rates and charges from time to time.
5. The Account Holder agrees to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups. Account Holder is responsible for security of its password. WEBuilder will not change passwords to any account without proof of identification, which is satisfactory to WEBuilder, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that WEBuilder will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will WEBuilder be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless WEBuilder from any and all Claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.
6. The Account Holder agrees not to harm WEBuilder, its reputation, computer systems, programming and/or other persons using WEBuilder's services. WEBuilder reserves the right to select the server for Account Holder's website for best performance. The Account Holder understands that the services provided by WEBuilder are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If the Account Holder's website overwhelms the server and causes complaints from other users, the Account Holder has outgrown the realm of shared servers, and will need to relocate it's website. WEBuilder will refund any unused portion of prepaid services. If the Account Holder refuses to comply with this Section, then WEBuilder has the right to terminate the services provided to the Account Holder without any refunds of the unused portion prepaid by the Account Holder. The Account Holder agrees to indemnify and hold harmless WEBuilder and any other Account Holder from any and all Claims resulting from the Account Holder's use of the services provided by WEBuilder The terms of this Section will survive any termination of this Agreement.
7. The Account Holder's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of WEBuilder.
8. If the Account Holder sells or resells advertising or webspace to a third party then the Account Holder will be responsible for the contents of that advertising and the actions of that third party. WEBuilder has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current WEBuilder Acceptable Use Policy. The e-mail distribution by the Account Holder of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by WEBuilder, WEBuilder may terminate the services being provided to the Account Holder.
9. WEBuilder will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of G-d, or human error. In no event shall WEBuilder be liable to the Account Holder for any damages resulting from or related to any failure or delay of WEBuilder in providing access to the Internet under this Agreement. In no event shall WEBuilder be liable to the Account Holder for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of WEBuilder under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive any termination of this Agreement.
10. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A WEBuilder account may not be transferred without prior written approval from WEBuilder. The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder's account, the Account Holder will be liable for any unauthorized use of the WEBuilder services, including any damages resulting there from, until the Account Holder notifies WEBuilder's customer service.
11. If WEBuilder assigns the Account Holder an Internet Protocol address in connection with the Account Holder's use of the WEBuilder services, the right to use that Internet Protocol address will remain with and belong only to WEBuilder, and the Account Holder will have no right to use that Internet Protocol address except as allowed by WEBuilder in its sole and absolute discretion.
12. This Agreement constitutes the entire agreement between the Account Holder and WEBuilder with respect to the WEBuilder services and supersedes all prior agreements between the Account Holder and WEBuilder. WEBuilder's failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.
13. The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in Ramat Beit Shemesh, Israel. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.
14. The Account Holder agrees to indemnify and hold WEBuilder harmless from any and all Claims resulting from or connected with any activities conducted by the Account Holder. The Account Holder and WEBuilder will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.
15. WEBuilder may include the Account Holder's name and contact information in directories of WEBuilder service subscribers for the purpose promoting the use of the services by additional potential clients. However, WEBuilder is not authorized to print the Account Holder's name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of the Account Holder.
16. The interpretation and enforcement of this Agreement shall be governed according the laws "The Torah" and specifically the section on "Choshen Mishpat". The Account Holder hereby consents to personal jurisdiction in a Rabbinical Court in the city of Beit Shemesh, Israel for any action arising out of or relating to the Account Holder's use of the WEBuilder services. The Rabbinical Courts in Israel will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this Section will survive any termination of this Agreement.
17. Method of Contact
    1. All legal contact between WEBuilder and the client will be via email.
    2. A client of WEBuilder agrees to never flag any mail sent from an account on the WEBuilder.co.il, WEBuilder.ws, WEBuilder.org or WEBuilder.us domains as UBE or SPAM. A client in violation of this agrees to pay any and all fines incurred to WEBuilder as if the client himself had sent UBE.
    3. WEBuilder reserves the right to send email to its clients announcing WEBuilder products or services. The frequency of these emails will always be reasonable.  WEBuilder will attempt to limit this to no more than one per month.
18. Sites that depict "Adult material" or link to those that do, are prohibited on WEBuilder servers. WEBuilder reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related", and to prohibit sites that fall into these categories.
19. WEBuilder may temporarily deny service or terminate this Agreement upon the failure of Account Holder to pay charges when they become due. Such termination or denial will not relieve the Account Holder of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
20.  If an account holder's account becomes overdue, the account will be suspended. A fee of $10 will be charged to restart a suspended account.
21. If an account holder charges back for services rendered, a $50.00 charge back fee will be added to the amount charged back by the customer.
22. Payments
1. WEBuilder can accept payment in Dollars, New Israeli Shekels or British Pounds. Payments in British Pounds must be by special arrangement - contact WEBuilder before making a payment.  Payments in all other currencies will not be accepted.
2. Payment can be made via credit card, check or cash.
3. Post-Dated Checks: WEBuilder does not accept post-dated checks.  If the account holders sends a post dated check to pay the bill, WEBuilder will assess a $10 processing fee per check.  WEBuilder -- at its own discretion -- may decide to wait for the payment date written on the check, or may demand that a new check be issued.
4. Returned Checks: WEBuilder will charge clients a processing fee of $25 for checks that are returned due to insufficient funds.
5. Chargebacks: If the account holder contacts the credit card company to cancel the credit card payment to WEBuilder, that is called a Chargeback. If a chargeback is made against a payment you made to WEBuilder, a $50 processing fee will be assessed against the account holder's account.  The hosting account will also be suspended during the time that the charge is in dispute (up to 75 days) unless payment is made with cash or a certified check.
6. Minimum Payment: There is a minimum monthly invoice of $10 for Web Design services. Clients can avoid this minimum by paying at least $10 in advance and working off this credit.
23. Billing Information: All account billing information including email and phone, must be valid at all times for the account to remain active. If the billing information provided is inaccurate, 24-hour notice is given to update the information before account suspension. If the account holder is not available by phone (foreign accounts) or no alternate contact email address is given, account will be suspended immediately.
24. You agree that WEBuilder may establish limits concerning use of any WEBuilder, Inc service offered on any WEBuilder web site, including without limitation the maximum number of days that e-mail messages will be retained by any WEBuilder service, the maximum number of e-mail messages that may be sent from or received by an account on any WEBuilder service, the maximum size of an e-mail message that may be sent from or received by an account on any WEBuilder service, the maximum disk space that will be allotted on WEBuilder's servers on your behalf either cumulatively or for any particular service. You agree that WEBuilder has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any WEBuilder service. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any WEBuilder service may change at any time.
25. Website Backup
    1. Sites hosted on WEBuilder come with free backup of Web files, and MSSQL and MySQL databases.  Email servers are not included in the backup.
    2. The backup is designed to prevent catastrophic data loss. No guarantee is made that the data you need will be in this backup.
    3. A fee of $75 will be assessed to restore any number of files belonging to the account holder.
    4. While WEBuilder tries to protect your data, WEBuilder cannot be held responsible for any financial loss or damage due to the loss of any data online, or of the failure of a backup to function properly.  Clients with mission-critical data are advised to contact WEBuilder to discuss other more secure backup solutions.
    5. WEBuilder offers free daily MSSQL database backup with just a $25 setup fee, and all clients are urged to consider this service. Note that this service will create an SQL script that can be used to restore the account holder's data.  Restoration services are billable at WEBuilder normal hourly rates.
26. Hosting Refund Policy:
    1. All hosting must be paid in advance, before the hosting is provided.
    2. If the client should you wish to cancel the hosting for any reason, he must write to WEBuilder (email, FAX and post are acceptable) and request a cancellation. The refund will be processed as soon as possible.
    3. If money is due, then WEBuilder will refund the money via US Dollar check within 30 days and sent to the postal address on file.
    4. Refunds for unavailable or poor service can also be obtained by submitting a request in writing to our US address (email is acceptable).  Request must indicate the exact date(s) and time(s) for which a refund is desired (e.g. 01-Jan-01 from 14:00 to 16:00 Eastern Time), and must be submitted within one week of the end of the outage. Refund will be calculated at 500% of the hosting rate, up to the equivalent of the monthly rate.  Refunds will only be processed if the refund amount is at least $1.
       1. Calculation Example: 2 hour outage * $40/year / 8760hours/year * 500% = $0.05 , so no refund would be offered.
       2.  If a refund would be due in this case, the maximum would have been $4 per monthly period, as the $40/year plan has a monthly rate of $4/month.
    5. Alternatively, clients may request an extension on the hosting plan for unavailable or poor service. A one day extension will be granted for a disruption of one hour or more. A maximum of one day will be added to the hosting plan due to any disruption per calendar day (e.g. a disruption from 07:00 to 08:15, and again a disruption from 20:00 to 21:30 on the same calendar day will result in a one day extension). All requests for an extension must be in writing and sent to our US address (email is acceptable), and must be submitted within one week of the end of the outage.
    6. Other than in the above two cases, no refunds are offered for past hosting services.
27. Web Design Refund Policy:
1. All web design services are billed at the end of the month, after the services have been rendered, and are due 7 days after the invoice date.
2. The client's payment of web design services is proof of the client's acceptance of the design.
3. No refund is offered once payment is made for web design services.
28. Security of Website:
    1. WEBuilder attempts to design secure websites.  However, WEBuilder cannot be held responsible for any damage to a website. This is true regardless of whether the damage was caused by:
       1. A defect in the WEBuilder software which caused the corruption or loss of data, or failed to collect data at all.
       2. A program which was written in a way that did not prevent a third party from doing malicious damage to the client website.
       3. A third party which gained access to the control panel by discovering the client password.
    2. If a defect is found in a website after the website was accepted by the client, WEBuilder retains the right to charge the client for any repair work that is required to correct the problem.
    3. If a security breach is found in the website, or if the client wants to make their website more secure to prevent a future breach, WEBuilder retains the right to charge the client for any and all work required to make the site secure.