Acceptable Use Policy
SiteBuilder Now's Acceptable Use Policy ("AUP") is designed to enhance the on-line experience of all Internet users by fostering the free flow of information and ideas over the Internet while prohibiting unacceptable use. Our AUP contains the terms and conditions for use of SiteBuilder Now's services. This Web site ("SiteBuilder Now") is an on-line community sponsored and maintained by SiteBuilder Now to provide a wide variety of services, tools, products and other resources to assist you in the creation and operation of Web sites. The SiteBuilder Now site and the information, products and services associated with it are provided to you on an "AS IS", "AS AVAILABLE" basis. Unless expressly otherwise stated, any new features that augment or enhance the existing services available through the SiteBuilder Now site shall be subject to these Terms of Service. These Terms of Service do not grant to you or any other user any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of SiteBuilder Now or any other party. All users of the Services must comply with our AUP as modified from time to time.
BY ACCESSING OR USING THE SERVICES YOU AGREE TO BE BOUND BY OUR AUP.
Under normal circumstances SiteBuilder Now does not actively monitor use of the Services. Nor do we edit or otherwise control the content of any Web site, electronic mail transmission, news group, or other material developed or accessible with use of or through the Services, except for the certain proprietary Web sites. SiteBuilder Now may remove any materials that SiteBuilder Now in its sole discretion, determines are in violation of this AUP, are illegal, subject SiteBuilder Now to liability, or are otherwise offensive or inappropriate. In addition, in cooperation with governmental authorities or other third parties SiteBuilder Now may investigate any suspected or alleged crime or civil wrong committed with use of the Services.
Violations
Violations of this AUP include, without limitation, the following:
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General illegal use: Using the Services or facilities in a way that violates any applicable law or regulation.
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Canceling messages of other users: Using the Services to cancel another's message, except that a user may cancel postings forged in that user's name. We may cancel any postings that violate this AUP.
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Collecting personal data: Using the Services to collect, or to attempt to collect, personal information about third parties without their knowledge or consent.
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Disrupting SiteBuilder Now services or facilities: Using the Services or facilities for any activity that adversely affects the ability of other people or systems to use the Services.
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Exceeding Allotted Web Site Size: If a customer site exceeds its allotted size the site will become unavailable until the customer has made adjustments to bring their site back into specified allotments or purchases additional web space. Such unavailability may include, but will not be limited to, the inability to access the site publicly or to post or modify the site's contents.
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Forgery, impersonation or fraud: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. Using deliberately misleading headers in news postings in order to avoid spam e-mail address collectors is not allowed. Using the Services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as a pyramid scheme or chain letter is prohibited.
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Hate Speech, Harassment, Threats, and Harm to Minors: Using the Services to post or transmit e-mail or material that is hateful, harassing, threatens physical violence or the destruction of property, or harms or attempts to harm minors in any way is a violation of this AUP.
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The posting of any sexually explicit or pornographic materials is strictly prohibited. SiteBuilder Now reserves the right to immediately cancel any account where the content of the website being hosted or using the SiteBuilder Now tools for development is considered offensive to the general public, encourages violence toward others or in any way steps outside the bounds of what the majority of our society considers acceptable moral behavior.
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Infringing Intellectual Property: Using the Services to transmit any material (by e-mail, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third part, including but not limited to the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
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Reselling the services: Reselling the Services without SiteBuilder Now's express written authorization.
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Sharing accounts: Sharing a customer's account with another party for purposes of avoiding payment for a second account is strictly prohibited. Moreover, if you share your account with another party, you agree to be held accountable for their actions.
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Unsolicited commercial or bulk e-mail/SPAM: Using the Services to transmit any unsolicited commercial e-mail or unsolicited bulk e-mail. Also using the Services in violation of our Mass Mailing Policy, which is incorporated herein by reference.
Reporting Violations
SiteBuilder Now requests that anyone who believes that there has been a violation of this AUP report the alleged violation to us at
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. Please submit the following information to report a violation of the AUP:
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The IP address used to commit the alleged violation.
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The date and time of the alleged violation, including the time zone or offset from Greenwich Mean Time (GMT).
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Evidence of the alleged violation.
To submit a Notice of Copyright Infringement please see our Copyright Infringement Policy and notification requirements and procedures.
Consequences of Violating AUP
It is SiteBuilder Now's goal to provide a quality service for all users, including users of other service providers and their associated networks. Accordingly, SiteBuilder Now reserves the right to modify and disable a Customer's or user's service any time that the user violates the AUP or such a violation is reported. SiteBuilder Now may take any one or more of the following actions, in its sole discretion, in response to a reported or otherwise discovered AUP violation:
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Issue verbal or written warnings
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Suspend the customer's account
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Terminate the customer's account
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Bill the customer for reactivation charges
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Pursue legal remedies for violations
SiteBuilder Now will not reimburse any Customer whose Service is suspended or disabled due to any of the reasons listed above. In the event that your account should become suspended or terminated, you will still be responsible for all charges to your account.
Indemnifying SiteBuilder Now for AUP Violation
SiteBuilder Now does business as SiteBuilder Now. All users of the Services agree to indemnify, waive and hold SiteBuilder Now , its officers, directors, shareholders, employees, agents, subsidiaries and affiliates harmless from any and all claims and expenses related to the user's violation of this agreement, including any abusive or unlawful behavior on the part of the user or anyone using the user's account, or the infringement of any intellectual property or privacy rights of any person or entity. This means that you cannot sue or recover damages whatsoever from SiteBuilder Now as a result of the SiteBuilder Now decision to remove material from its servers, warn you, suspend or terminate your account or take any other action during the investigation of a suspected violation or as a result of SiteBuilder Now's conclusion that a violation has occurred.
AUP Changes
SiteBuilder Now reserves the right to revise, amend, or modify this policy at any time and in any manner without prior notice, and with such changes effective upon posting.
Mass Mailing Policy
SiteBuilder Now's Mass Mailing Restrictions are part of SiteBuilder Now's Acceptable Use Policy and are applicable to all users of SiteBuilder Now's Services providing e-mail and web hosting services and any other services SiteBuilder Now may provide.
SiteBuilder Now prohibits any customer use of its SMTP Servers to send mass mailings, defined as any mailing to more than 250 users.
