Terms of Service and Acceptable Use Policy

Customers may only use Build 'N Serve services for lawful purposes. Our acceptable use policy is one of zero tolerance. Build 'N Serve reserves the right to immediately discontinue service to customer without liability, refund, or continuance of any prepaid service fees. Customer's continued use of our services indicates acceptance and agreement to this Terms of Service and Acceptable Use Policy. The following are unacceptable uses and shall be cause for the immediate termination of web services without notice to the customer:

Payments:

Quarterly and Annual hosting fees are billed the first day of the month in advance of the billing period. All invoices, regardless of services rendered, are net 30. Accounts past 30 days are subject to immediate termination, a 15% interest charge and a $150.00 reinstatement fee.

Illegal Activity:

Unauthorized distribution or copying copyrighted software, violation of US export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities. Build 'N Serve reserves the right to report such illegal activities to any and all-regulatory, administrative and/or governmental authorities for appropriate prosecution.

Net Abuse:

Spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user) , spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message), passive spamming (promoting a web site hosted by Build 'N Serve by spamming from some other source), trolling (posting controversial messages in newsgroups to generate responses), mailbombing (inundating a user with email without any serious intent to correspond), mail-bombing (sending multiple messages without significant new content to the same user) and subscribing someone else to an electronic mailing list without that person's permission are examples of net abuse.

Posting information, violating trademarks, copyrights or other intellectual property rights or intentionally inflicting emotional distress, posting of private, defamatory, scandalous, or information about a person without their consent violates our AUP. In all instances, Build 'N Serve reserves the right to determine what defines the term 'Net abuse'.

Any customer repeatedly "mailbombed" or that attracts such behavior will be asked to leave. If you are not sure if your actions will be in violation, please ask first info@buildnserv.com).

Misuse of system resources:

Attempting without authorization to enter into a secured computer system. Hacking or otherwise altering of a site owned and operated by another person. Build 'N Serve reserves the right to report such illegal activities to any and all-regulatory, administrative and/or governmental authorities for appropriate prosecution.

Running programs in the background on a Build 'N Serveís server without Build 'N Serve prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of Build 'N Serve servers. Further, any usage of ten percent (10%) or more of our system resources is an undue burden on our system and is unacceptable. Usage of scripts or other utilities to direct pointed domain names to subdirectories is not permitted and is grounds for termination of the account.

Build 'N Serve supports free speech on the Internet, and will not suspend or cancel a customerís account simply because it disagrees with the views expressed by the customer. Where there are allegations that a customerís on-line activity has violated the legal rights of a third party, Build 'N Serve will not substitute itself for a court of law in deciding tort claims raised by the third party.

The following examples of unacceptable behavior are non-exclusive, and are provided for guidance purposes. If you are unsure if your actions will be a violation of our policies please ask info@buildnserv.com

Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network. Attempts to circumvent any user authentication or security of host, network, or account. Accessing data not intended for user. Probing the security of any network. Spawning dozens of processes. Port scans, ping floods, packet spoofing, forging router information, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses. IRC bots such as eggdrop or BitchX. Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination.

Client Responsibility.

The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of Build 'N Serve service requires a certain level of knowledge in the use of Internet languages, protocols, and software, unless we are providing "Total Management Solutions" for your account. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, C, Shell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of Build 'N Serve to provide this knowledge or support outside matters specific to Build 'N Serve servers.

Build 'N Serve shall be the sole arbiter of what is and is not a violation of these acceptable use policies. Build 'N Serve reserves the right to terminate an account at any time and for any reason that causes harm to any Build 'N Serve customer's web sites. Build 'N Serve reserves the right to delete all content and files upon termination. Build 'N Serve reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. Build 'N Serve reserves the right to refuse, cancel, or suspend service at our sole discretion.

Backups

Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clientsí responsibility to maintain local copies of their web content and information. If loss of data occurs due to an error of Build 'N Serve, Build 'N Serve will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, Build 'N Serve will attempt to recover the data from the most recent archive at a charge of $75/hour.

IP numbers

Build 'N Serve maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

Limitation of Liability

Build 'N Serve shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Build 'N Serveís servers going off-line or being unavailable for any reason whatsoever. Further, Build 'N Serve shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Build 'N Serve servers.

Indemnification

Customer agrees to indemnify and hold Build 'N Serve and its affliates harmless in any legal action, which arises as a result of your use of our services, without exception or limitation. This indemnification extends to all issues associated with your account, including but not limited to domain name selection and web site content.

Account Cancellation

Account cancellations must be made at least seven (7) days prior to the end of your billing cycle and must be made in writing by mail to the address shown below, by fax to 860 656-6104 or by email from the email address we have on file for the account to info@buildnserv.com. Cancellations beyond that time period require a 30 day notice and the account is responsible for an additional months hosting fee. For security reasons we cannot accept account terminations in any other manner. Build 'N Serve Internet Services maintians the right to cancel any account with 30 days notice.

99.9% Uptime Guarantee

If during any one month your web site is not on-line and available 99.9% of the time Build 'N Serve will, upon request, refund or credit your account with the pro-rata portion of the hosting fees paid represented by the outage. This guarantee only applies to outages caused by Build 'N Serve or its backbone providers.

In order for you to receive a credit on your account, you must request such credit within ten (10) business days after you experienced no Web Site Availability. You must request credit by sending an electronic mail message to support@Build 'N Serve. For security, the body of this message must contain your account number, the dates and times of the unavailability of your Web site, and such other customer identification requested by Build 'N Serve. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event that there is no Web Site Availability.
(d) Restrictions
Credits shall not be provided to you in the event that you have no Web Site Availability resulting from (i) scheduled maintenance at Build 'N Serve, (ii) your behavior or the performance or failure of your equipment, facilities or applications, or (iii) circumstances beyond Build 'N Serve's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your Web site.

Build 'N Serve reserves the right to change the Acceptable Use Policy without prior notice or warning. Non-enforcement of any part of the Acceptable Use Policy does not constitute consent.

Violations of these Acceptable Uses Policies should be referred to info@buildnserv.com

All complaints will be investigated promptly.