Our Terms of Service have been written in order to protect our clients and ourselves to ensure we deliver a stable, reliable product and quality network. We ask that you read our policies so that you can assist us in keeping our servers and network free of abuse, which will ensure quality performance for everyone.
When you sign up for any of our services, you are agreeing to our terms of service. Although we will do our best to work with our customers in the event of a breach of policy, we will also take a firm line when necessary to protect our other customers and network.
Clients of SavePro Designs, including but not limited to Website Design Clients, Website Hosting Clients, Website Builder (BuilderNow) Clients, CMS Clients (ClientNow), are required to agree and conform to the following terms of service (TOS) and acceptable use policies. Violations of these policies may result in loss of service and/or other disciplinary action.
Terms and Conditions of Use
This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting, Dedicated Servers, e-commerce, Domain Registrations, Colocation and other Internet-related services provided by SavePro Designs (the "Services"). As used in this Agreement, "SavePro Designs" means SavePro Designs and "Client", "you", or "your" means you. By clicking on the "Submit Order" button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the SavePro Designs Site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "SavePro Designs Site" refers to the Site located at the URL https://www.saveprodesigns.com or any other successor Sites owned or maintained by SavePro Designs.
In addition to the following, the Acceptable Use Policies provide more detailed information regarding what is acceptable use of our products and services.
Appropriate Use of the Service
SavePro Designs provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such services.
Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any SavePro Designs server in connection with Client's use of the Services which:
- violate any state, federal or foreign laws or regulations;
- infringe on any intellectual property rights (e.g. copyright, trademark, patent or other proprietary rights) of SavePro Designs or any third party;
- are defamatory, slanderous or trade libelous;
- are threatening or harassing;
- are discriminatory based on gender, race, age or promotes hate violate any SavePro Designs policy posted on the SavePro Designs site including but not limited to those listed in our Terms of Service (TOS).
- contain viruses or other computer programming defects which result in damage to SavePro Designs or any third party.
Licensed Software Only
Client agrees to use only properly licensed third party software in connection with Client's use of the services.
Back-up Files and Processing
Virtual/Shared Hosting Clients will have the ability to reinstate files which are automatically archived by SavePro Designs upon request for a minimal fee; however, SavePro Designs does not guarantee the existence, accuracy, or regularity of its backup services, and therefore, Client is responsible for making back-up files in connection with its use of the services. The accuracy and quality of backup processes provided by 3rd party software, such as the individual 3rd party control panels, is not guaranteed by SavePro Designs.
SavePro Designs reserves the right to refuse service to anyone. SavePro Designs, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the services, please contact [email protected]
SavePro Designs shall deliver by e-mail an invoice to Client in accordance with the applicable Services fees for services rendered. Where an invoice is delivered to Client, Client shall remit payment to SavePro Designs by no later than 7 days after the specified payment due date. SavePro Designs shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to SavePro Designs. Certain services carry a set-up fee charged by SavePro Designs to Client that must be paid by Client in order to have use of the Services. If Client terminates this Agreement in accordance, Client shall be responsible for any outstanding fees owed to SavePro Designs and agrees to pay any and all fees incurred by Client. For Services that are provided on a yearly basis, unless a contract is in place, Client will be responsible for Service fees incurred each year regardless of when Client provides notice of termination.
Returned Item Fee
Accounts with returned checks and/or e-checks will be assessed a $25.00 returned item fee.
Customer will be responsible for and will pay in full, any taxes and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Services.
Client Liability and Indemnification
The parties agree that in no event shall SavePro Designs be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless SavePro Designs from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.
Term, Termination & Reinstatement
Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month or year-to-year basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions. Either party will have the right to terminate this Agreement upon notice to the other party. There will be no refund of hosting fee or domain fee paid.
If SavePro Designs suspends a virtual account for non-payment, Client shall be allowed to re-instate Client's use of the Services within Five (5) business days of cancellation upon approval from SavePro Designs and full payment of balances due. A reinstatement fee of $25.00 will be applied.
If a Client terminates their account, SavePro Designs will disable the server/account the day the client specifies the account is cancelled. SavePro Designs will not maintain an archival copy of the Clients Web site or files. It is the responsibility of the Client to request any data from their server prior to the date provided in their cancellation notice.
Client will pay and indemnify and hold SavePro Designs harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
Disclaimer of Warranty
THE SERVICES, THE SAVEPRO DESIGNS SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE SAVEPRO DESIGNS SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN ‘AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. SAVEPRO DESIGNS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SAVEPRO DESIGNS SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
Limitation of Liability
IN NO EVENT SHALL SAVEPRO DESIGNS BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE SAVEPRO DESIGNS SITE OR SAVEPRO DESIGNS PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL SAVEPRO DESIGNS CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 USD).
Notices: Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile.
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by SavePro Designs. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to its conflict of law rules. This Agreement and SavePro Designs policies are subject to change by SavePro Designs without notice. Continued usage of the Services after a change to this Agreement by SavePro Designs or after a new policy is implemented and posted on the SavePro Designs Site constitutes your acceptance of such change or policy. We encourage you to regularly check the SavePro Designs Site for any changes or additions.
Acceptable Use Policy (AUP)
As a provider of web site hosting, and other Internet-related services, SavePro Designs offers its clients, and their customers and users, the means to disseminate a wealth of public, private, commercial, and non-commercial information. SavePro Designs respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, SavePro Designs reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, SavePro Designs has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing SavePro Designs services. This AUP will be revised from time to time. A customer's use of SavePro Designs after changes to the AUP are posted on SavePro Designs web site, www.saveprodesigns.com, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet to disseminate information to others.
When information is disseminated through the Internet, they also must keep in mind that SavePro Designs does not review, edit, censor, or take responsibility for any information its clients may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over SavePro Designs network and may reach a large number of people, including both clients and non-clients of SavePro Designs, clients' postings to the Internet may affect other clients and may harm SavePro Designs goodwill, business reputation, and operations. For these reasons, clients violate SavePro Designs policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities.
Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered "adult material." However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. With this being said, there are still several reasons why SavePro Designs has been forced to create it’s no adult sites policy for its virtual and bulk reseller server users, including but not limited to direct customers, resellers and resold accounts.
What does SavePro Designs consider "Adult Material"?
- Any site whose revenue is gained in part or whole from its adult content.
- Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.
- Hyper links to adult sites, including but not limited to sites who violate these policies.
- Sites that have discussion boards and share information that is ‘adult' in nature.
- Sites that sell or promote ‘adult' material, including but not limited to adult toys.
SavePro Designs reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related". Let us know if you are unsure of the approval of your site before placing an order. Please email [email protected] for review of your content and/or site.
Why does SavePro Designs have this policy?
Bandwidth and Resources
A virtual server is a shared environment where many servers reside on each particular machine. This being said, consider that an average "adult site" gets more hits than 100 standard web sites. Some of the smaller adult sites get around 5 GB of transfer per day. With these types of resources being utilized, our servers would be severely slowed if we allowed these high traffic sites to also reside on our servers. On top of that, we would be forced to raise our prices to pay for the additional bandwidth. We strive to keep our servers fast and inexpensive, and our bandwidth clear; therefore, adult sites are not an option.
Adult sites tend to get blocked. Since many of our shared accounts also share IP addresses and/or the range of IPs are blocked, all other users on that server or network range are impacted.
Many people do not want to be associated with adult content, based on personal opinions and beliefs. IPs are assigned to a server in ranges and IP address are in many cases shared IPs. Consequently, we want our shared servers to be ‘adult content' free.
Intellectual Property Violations
Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. SavePro Designs is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also SavePro Designs policy to terminate the privileges of customers who commit repeat violations of copyright laws. Reference our copyright infringement policy for more information.
Illegal or Unauthorized Access to Computers or Networks
Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
Forging of Headers
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Export Control Violations
Exporting encryption software over the Internet or otherwise, to points outside the United States.
Other Illegal Activities
Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
Unfortunately, many good things are turned on us to be used for nefarious activities. Commonly used scripts are frequently exploited to allow unauthorized access to the systems they are running on. Others just require more resources than is allocated on a shared server environment.
Consequently, in order to keep SavePro Designs network and servers safe, we may need to take actions that inconvenience our good customers. Any time we find scripts or other commonly used tools that can become easily compromised or impact other users by using too many server resources, we may need to disable scripts or other tools installed and used by our customers.
Whenever possible, we will notify our customers in advance. We will also attempt to keep this page updated with current scripts which will require removal from our shared servers and/or our network.
This list includes script/program names, reason for ban, who/what servers they are banned on (e.g. our Shared or Network wide) and provide alternative options for our customers whenever possible.
Copyright Infringement / Intellectual Property
Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. SavePro Designs is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also SavePro Designs policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Miscellaneous and Other Activities
Other specific activities that are against our Acceptable Use Policy include the following:
Defamatory or Abusive Language
Using SavePro Designs network as a means to transmit or post defamatory, harassing, abusive, or threatening language. Any content that is discriminatory based on gender, race, age and/or promotes hate or violence is prohibited.
Usenet Group Postings that Violates our TOS
SavePro Designs reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP
Facilitating a Violation of our TOS
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.
Other activities SavePro Designs determines to be harmful
Engaging in activities, whether lawful or unlawful, that SavePro Designs determines to be harmful to its clients, operations, reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the client. SavePro Designs will not, as an ordinary practice, monitor the communications of its client to ensure that they comply with SavePro Designs policy or applicable law. When SavePro Designs becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.
SavePro Designs also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, SavePro Designs urges its clients to assume that all of their on-line communications are insecure. SavePro Designs cannot take any responsibility for the security of information transmitted over SavePro Designs facilities.
SavePro Designs will not intentionally monitor private electronic mail messages sent or received by its clients unless required to do so by law, governmental authority, or when public safety is at stake. SavePro Designs may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, SavePro Designs may disclose information, including but not limited to, information concerning a client, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. SavePro Designs assumes no obligation to inform the client that client information has been provided and in some cases may be prohibited by law from giving such notice. Finally, SavePro Designs may disclose client information or information transmitted over its network where necessary to protect SavePro Designs and others from harm, or where such disclosure is necessary to the proper operation of the system.
We hope this AUP is helpful in clarifying the obligations of Internet users, including SavePro Designs and its clients, as responsible members of the Internet. Any complaints about a client's violation of this AUP should be sent to [email protected] for assistance.
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