TERMS OF SERVICE / Acceptable Use Policy (TOS/AUP)

Agreement Acknowledgement

This agreement supersedes any written, electronic, or oral communication you may have had with InternetWebBuilders.com (hereinafter "IWBC") or any agent or representative thereof, and constitutes the complete and total agreement between the parties. 
Should any provision of this agreement be determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable. By placing and continuing to maintain or place information on IWBC servers you are stating and acknowledging that you have read the aforementioned terms and conditions.

Arbitration

ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY BREACH THEREOF IN EXCESS OF $250.00 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

Backup Policy

We run automatic monthly onsite backups of your data. It is critically important for all Customers to download and keep local backups on a local computer or removable media. Because, there are instances where backups will run and replace Customer's backup from the previous versions. If a Customer has changed something since then needs that backup, chances are we will not have it. So, always  make your own backups and, keep backups stored on a local computer! We make no guarantees about the availability of backups. IWBC is NOT responsible for files or any data residing on your account. Customer must not leave backups on the server. All backups must be generated, downloaded to personal computer, then removed off the server immediately.

Disclaimer

IWBC is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers' activities and disclaims any responsibility for any misuse of the IWBC network.
IWBC reserves the right to revise its Terms Of Service / Acceptable Use Policy at any time without prior notice. Inquiries regarding this policy should be directed to Support@InternetWebBuilders.com

Indemnification

Customer agrees to indemnify and hold harmless IWBC and the employees and agents of IWBC (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Customer's use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys' fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.

Limitation on IWBC Liability

IWBC shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products to Customer resulting, directly or indirectly, from any

• (i) weather conditions, natural disasters or other acts of God,
• (ii) action of any governmental or military authority,
• (iii) failure caused by telecommunication or other Internet provider, or
• (iv) other force or occurrence beyond its control.

The exclusive remedy against IWBC for any damages whatsoever to Customer arising out of or related to this Agreement shall be the refund of the fees paid by Customer to IWBC with respect to the then current term of this Agreement. IWBC SHALL NOT BE LIABLE FOR

• (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY'S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR
• (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MIS-DELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.

Material Protection & Copyright

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

• You have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
• You are otherwise permitted by established United States copyright law to copy the work in that manner.

IWBC will terminate the service of repeat copyright infringers.

No Warranties

Any IWBC material on this server may include technical inaccuracies or typographical errors.
IWBC has the right to make changes and updates to any information contained within this server without prior notice.
"AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 
NO ADVICE OR INFORMATION GIVEN BY IWBC, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY.
NEITHER IWBC NOR ITS AFFILIATES WARRANTS THAT THE INFORMATION ON THIS SERVER OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTABLE OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Other

You must have valid and current information on file with your domain name registrar for any domain hosted on the IWBC network. It is your responsibility to check and update your WhoIs information. IWBC cannot be held liable for any inaccuracies.

Payment & Other Info

Customer agrees to supply appropriate payment for the services received from IWBC, in advance of the time period during which such services are provided. 
Customer agrees that until and unless Customer notify IWBC of Customer's desire to cancel any or all services received, those services will be billed on a recurring basis. Non-Payment of services shall result in a 5-day notice of disconnection. All payment failures must be cured within 5 days of notice. Subscribers failing to secure payment within 5 days of notice will incur service interruption. IWBC is not responsible for data integrity on equipment reclaimed for non-payment.

Personal Security

Customer must take reasonable security precautions. Customer must protect the confidentiality of server's password, and should change password periodically, at least once per month. Customer must use secure FTP, IMAP, POP3, and SMTP channels. IWBC provides secure mail and FTP ports only.

IWBC does not store customer payment information.  In the event payment information needs to be changed or updated, it must be submitted online through our secure page while paying an invoice.

Refusal & Discontinuance of Service

IWBC reserves the right to refuse or discontinue service to anyone at IWBC 's sole discretion. IWBC may deny you access to all or part of the service without notice if you engage in any conduct or activities that IWBC in its sole discretion believes violates any of the terms and conditions in this agreement and/or knowingly or unknowingly violates security protocols. 
IWBC shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. 
You agree that IWBC has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers.
IWBC reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. 
IWBC also reserves the right to refuse refunds in cases where IWBC believes abuse has taken place.

Resource Usage

Customer MAY NOT run/initiate the following on our servers:

• Cryptocurrency related software.
• Any process that requires more than 16Mb of memory space, more than 30 CPU seconds, or use more than 5% of all available system resources at any time.
• Any type of interactive real-time applications that require server resources. Remotely hosted services are fully allowed.
• Stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
• Intensive scripts with persistent MySQL connections.
• Any software that interfaces with an IRC (Internet Relay Chat) network.
• Host Proxy Servers or Anonymizers
• Host Pirated software (Ex. warez etc.)
• Host illegal MP3 content, store large Audio / Video Archives (any format).
• Free hosting services (file sharing, free domain hosting, free subdomains etc), free webmail services or free software hosting services.
• Image or video hosting.
• Any site with adult-oriented content, including but not limited to any pornographic material.
• Escrow, High-Yield Interest Programs (HYIP), Ponzi (fraudulent investment operation), Bank Debentures, Bank Debenture Trading Programs, and Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, sites promoting illegal activities.
• Outdated software including but, not limited to popular website hosting software such as WordPress and Joomla and their plugins and add-ons.

Customer may not knowingly or unknowingly engage in illegal, abusive, or irresponsible behavior, including:

• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to IWBC and its customers) without express authorization of the owner of the system or network;
• Monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
• Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
• Use of an Internet account or computer without the owner's authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
• Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
• Any conduct that is likely to result in retaliation against the IWBC's network.
• Use of IWBC's network in a way that unreasonably interferes with IWBC's other customers use of the network. Customers are also required to abide by the following:
• Databases are only to be used for IWBC -hosted web sites, and no outside access will be granted.
• Persistent MySQL connection is prohibited on all shared servers.
• Sending , relaying or forwarding spam emails and/or messages.

Zero Tolerance Spam Policy: IWBC has a zero stance policy on SPAM, Junk E-mail or UCE.
Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. 
This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of IWBC whether or not the message actually originated from our network. The following tools/methods are included but not limited in this prohibition:
 - Drop-Box Accounts. Using this network for the receipt of replies to unsolicited mass email (spam) sent from a third-party network is prohibited.
 - Header Forgery: Forgery of email headers ("spoofing") is prohibited.
Proxy Spamming: Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software is prohibited.
 - Relaying/Forwarding. Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication is prohibited.
 - Mass Mailings: Sending mass unsolicited email is considered spam. Unsolicited email is defined as email sent to a recipient who has not double-opted in to mailings from the Customer. Senders of mass mailings must maintain complete and accurate records of all opt-ins, including the email and its headers if applicable, and provide such records to IWBC upon request. If positive and verifiable proof of opt-in cannot be provided, complaints from recipients of the mailing are considered proof they did not subscribe and the mailing is unsolicited.
 - Mailing lists, newsletters and other bulk email: it's absolutely forbidden to send bulk email. Bulk, mailing lists and newsletters must be outsourced to third party ISP who specialize on bulk mail delivery.

User Conduct

Our services may only be used for lawful purposes — any use of these services which violates any laws which may apply to IWBC, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.
You may not publish or transmit via IWBC’s service any content that IWBC reasonably believes:
• constitutes child pornography;
• constitutes pornography;
• is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
• is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
• is defamatory or violates a person’s privacy;
• creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
• improperly exposes trade secrets or other confidential or proprietary information of another person;
• is intended to assist others in defeating technical copyright protections;
• clearly infringes on another person’s trade or service mark, patent, or other property right;
• is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to IWBC; or
• is otherwise malicious, fraudulent, or may result in retaliation against IWBC by offended viewers.
User may not:
• Restrict or inhibit any other user from using and enjoying the Internet.
"published or transmitted" via IWBC’s service includes Web content, e-mail, bulletin board postings, chat, audio, video and any other type of posting or transmission that relies on any Internet service provided by IWBC.

IWBC reserves to the right to the final decision on what constitutes abuse.

You agree and understand that the account you purchase is purchased for yourself. You understand , you are the individual solely responsible for all use of the account.

Although IWBC attempts to automatically update popular hosted software such as WordPress, Joomla and their associated plugins & add-ons, updates are limited to those made available through our Installatron repository only.  Software abandoned by its author is not included and is the responsibility of customer to discover and remove or replace it.  IWBC may choose to update or remove outdated software at any time at our own discretion without prior notice to customer,  Customer may purchase IWBC services to perform updating and administrative duties if desired.

Support

UNLIMITED FREE SUPPORT: 24/7 at (480) 624-2500 is for domains only.  Hosting service support must be submitted through IWBC support tickets.   Support for any other issue or software is made on a "best effort" basis only. 1 hour/month hosting support by support ticket from InternetWebBuilders.com (hereinafter “IWBC”). IWBC's support for software (website, CMS, themes, plugins etc.) is provided on a best effort basis only. Ultimately, software support shall be provided by its associated vendor, not IWBC.   Excessive phone support may incur additional charges after prior written notice. Hosting includes domain(s) with website and/or email account(s) and/or shopping cart(s). Client acknowledges that their Internet Service Provider (ISP) may require use of ISP’s outbound email servers. Email settings are provided but setup is not included.  IWBC, at its own discretion, MAY assist with setup of email on one device only.  Email setup on additional devices must incur additional fees. For security, applications maintained by IWBC automated installer will be upgraded within one week after release of newer version. IWBC is not responsible for software applications’ incompatibility with settings and/or upgrades to server or software or losses resulting from our services.  Customer is soley responsible for maintaining their website and its proper functionality and, to notify IWBC immediately after detecting any problems.  CUSTOMER AGREES TO PERFORM  THEIR OWN LOCAL BACKUPS REGULARLY. Accounts shall be suspended immediately for unpaid fees, illegal activity or, excessive usage of bandwidth or server resources.

MAINTENANCE SERVICE: Hosting packages that include monthly site administrative maintenance include up to 1-hour per month at our wholesale rate of 50% off of the retail rate.  Unused hours do not roll-over for use in subsequent months.  Any additional time needed above the initial 1-hour may be purchased at the wholesale rate.

MATERIALS SUBMISSION REQUIREMENTS

MATERIALS SUBMISSION REQUIREMENTS: Unless otherwise specified, images and text documents must be submitted in electronic format submitted as support ticket attachments or additional fees may be charged such as scanning, optimizing and hand entering text. Page text may include italics, bold, bullets, table formatting unless otherwise stated and, if applicable, shall include product name, options, price, weight, shipping cost (if not included in price) & shipping method and other required information. Client is allowed one major and one minor revision on all design work that is not approved upon the first copy developed. Additional Design and Development Consultation fees, and hourly Graphic Design fees shall be charged if additional revisions are requested.
Image Dimensions in Pixels (Resolution at 72 dpi – Dots/Pixels Per Inch): not to exceed 2,000 in either dimension. NOTE: For your reference, these are approximate on-screen image sizes in inches at 72 dpi: 100 pixels = 1-3/8", 500 pixels = 7", 1,000 pixels = 13-7/8”, 1,500 pixels = 20-7/8”, 2,000 pixels = 27-3/4”.
File Types allowed: .GIF, .JPG, .PDF or .PNG. PhotoShop .PSD files accepted only with prior authorization.
Max preferred file Size: 300 KB

PAYMENTS

By purchasing IWBC services, purchaser declares that the account's credit card or bank information provided is true, accurate and appears in the name as stated and authorization is given to use of this information for InternetWebBuilders.Com services. Further, purchaser authorize their credit card company or bank to accept and to charge to their account for services initiated by them when requested verbally in person or by phone or, written and delivered in person, by fax, email or physical carrier. Purchaser's credit card or bank account may be used for current and future one-time transactions and recurring fees. Invoice(s) will show itemized fees. When used for recurring billing, purchaser confirms the establishment of a recurring payment and their account will be charged as indicated as part of the recurring payment schedule they authorized. Should it be necessary to switch to statement billing for any reason whatsoever, IWBC is authorized to add a $10.00 per month service charge to purchaser's monthly payment amount as reimbursement for the added services and processing expenses. This authorization allows IWBC to continue to use this information and such information shall remain in full force and affect for the sole purpose of charging for IWBC services unless such authorization is revoked in writing at least 30-days before end of hosting term and delivered by fax, email or physical carrier.

IMPORTANT: A payment (whether paid by Card or other means) that is not honored for any reason shall incur a $35.00 service fee PLUS collection costs.

Customer authorizes InternetWebBuilders.com to debit their credit card or bank account that they provide for all requested services on their due date.

Customer acknowledges that the origination of credit card or bank account debit transactions to their account must comply with the provisions of U.S. law.

Customer agrees that they will not dispute InternetWebBuilders.com debiting their account, so long as the amount corresponds to these terms.

Customer understands that because transactions are electronic, funds may be withdrawn from their account as soon as the transaction date. PLEASE, ensure there are adequate funds in the account to avoid additional failed payment fees, possible account suspension/termination & early termination fees and referral to collections which, will negatively impact your credit rating.

Refund Policy

Hosting fees are NON-REFUNDABLE whether account is used or not account and, are due upon account activation or may be due at the beginning of the account's renewal period.

Our full refund policy is part of this agreement and may be viewed at https://www.esmartstores.com/WebsiteHosting/knowledgebase/67/Refund-Shipping-and-Privacy-Policies.html