Please review all of our legal documentation:
MyDesign/BuildProject.com provides Internet World Wide Web page hosting, electronic commerce services, marketing, and development. MyDesign/BuildProject.com has certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services.
MyDesign/BuildProject.com general policy is to act as a provider of internet presence. MyDesign/BuildProject.com has specific ethical concerns regarding the use of its computers detailed below. MyDesign/BuildProject.com reserves the right to suspend or cancel a customer's access to any or all services provided by MyDesign/BuildProject.com when we decide that the account has been inappropriately used.
Specific Acceptable Use Policies are detailed below:
Any attempt to undermine or cause harm to a server, or customer, of MyDesign/BuildProject.com is strictly prohibited.
MyDesign/BuildProject.com will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a MyDesign/BuildProject.com customer, whether or not the attacked account or computer belongs to MyDesign/BuildProject.com, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
Abuse of Traffic
Bandwidth will be unrestricted until your usage reaches an average rate of 6GB of network traffic per month. Thereafter, normal data transfer cost of $15.00/GB/month will be billed to your account to pay for your overages and for all subsequent months. If you do not pay for your overages your site will be disabled within 3 days of your first notice.
Data transfer is measured by measuring the lowest 95% of your traffic patterns.
MyDesign/BuildProject.com will be the sole arbiter as to what constitutes a violation of this provision.
Unsolicited Email (Spam)
Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation. Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such. Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium. Upon your first Spam offense your mail will be disabled for 72 hoursand you will be fined $100.00 per sent Spam. Upon your second Spam offense your entire domain will be disabled for 72 hours and you will be fined $200.00 per sent Spam. Upon your third offense your account with MyDesign/BuildProject.com will be terminated with a fine of $300 per Spam. No refunds will be given if your account is terminated for Spam.
If your site is determined to be causing a detremental affect on other sites on the same server or other sites on the same network, MyDesign/BuildProject.com has the right to immediately suspend operation of your account until the problem with your site is corrected.
MyDesign/BuildProject.com reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies MyDesign/BuildProject.com in writing for a request for termination of services. All payment is in U.S. currency.
MyDesign/BuildProject.com reserves the right to cancel service at any time. All fees paid in advance of cancellation are considered payment for a non-refundable contract for the term of that payment and will NOT be pro-rated and paid by MyDesign/BuildProject.com if the account is cancelled. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)
All payments are considered payment in advance for a full-term contract that covers the payment period. No pro-rated refund will be given if service is cancelled prior to the end of the full-term contract.
MyDesign/BuildProject.com reserves the right to refuse service to anyone. Customers may only use MyDesign/BuildProject.com server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of MyDesign/BuildProject.com management.
Customer agrees that it shall defend, indemnify, save and hold MyDesign/BuildProject.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against MyDesign/BuildProject.com, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless MyDesign/BuildProject.com against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with MyDesign/BuildProject.com's server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from MyDesign/BuildProject.com's server.
MyDesign/BuildProject.com will not be responsible for any damages your business may suffer. MyDesign/BuildProject.com makes no warranties of any kind, expressed or implied for services we provide. MyDesign/BuildProject.com disclaims any warranty or merchantability or fitness for a particular purpose. MyDesign/BuildProject.com reserves the right to revise its policies at any time.
All Sub-Networks, resellers and dedicated servers of MyDesign/BuildProject.com must adhere to the above policies.
Failure to follow any term or condition will be grounds for immediate account deactivation.
Abuse of any of the above outlined acceptable use policies should be reported to legal @ MyDesignBuildProject.com.
Last Updated: January 24, 2004