- Acceptance of terms
Welcome to FoxyBuilder website builder service (the "Service"). Your use of the Service is subject to these Terms of Service ("Terms"). These Terms will also be applicable to your use of the Service on a trial basis. By using the Service, you signify your acceptance of these Terms. If you do not agree to these Terms, do not use the Service.
- Description of service
Our web-based builder Service allows users who register for an account (each an "Account Holder") to create and update an online free website. Once registered, each Account Holder receives his or her own Web Site and may post "Content" (defined in rules). Any new features on the Service, including the release of new FoxyBuilder tools and resources, shall be subject to these Terms. To use the Service, you must have access to the Internet, either directly or through devices that access web-based content, and you must pay any fees associated with Internet access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a web-enabled computer. The Service may include certain communications from us, such as service announcements, administrative email messages, and the FoxyBuilder Newsletter. These communications are considered part of the FoxyBuilder membership. You may not access the Service by any means other than through the Service interfaces we provide you. Once you transfer your site from our web platform you may access your website through other service interfaces.
- Eligibility and Registration
Use of and Membership in FoxyBuilder Services is void where prohibited. By using FoxyBuilders Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of FoxyBuilder Services does not violate any applicable law or regulation. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof. Individuals under the age of 13 are prohibited from creating or using accounts through FoxyBuilder.com. To register as an Account Holder, you must provide us with a valid email address and other information ("Registration Data"). You will choose a password and user ID for your websites during the registration process and you will obtain a FoxyBuilder user ID. You are responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account.
You agree to all of the following:
- You hereby certify that you are at least 13 years of age.
- You will ensure the email address provided in your account registration is valid at all times and will keep your contact information accurate and up-to-date.
- You will obtain hosting services through FoxyBuilder or Hostgator (using our promo code livehosting).
- You hereby agree that FoxyBuilder holds no liability or responsibility for your web site while on our free platform or when transferred to your own hosting provider.
- You hereby agree to not use FoxyBuilder’s service as a means to make income from our free builder for your personal business services. FoxyBuilder may grant you written consent to build web site as a business with the clause that all web site(s) you create host with FoxyBuilder or Hostgator using our promotional coupon code “livehosting.”
- You will be solely responsible for maintaining the security of your account and web site, for all activities that occur or actions taken under the account or in connection with the web site.
- You will not use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or insider trading.
- You will not use the Services or Materials if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.
- You will not use the Services or Materials to impersonate another person.
- You will not imply or state, directly or indirectly, that you are affiliated with or endorsed by FoxyBuilder without our express written permission.
- You may not send unsolicited messages (also known as junk mail or SPAM) to promote any website published on the Site.
- You are responsible for all Content that you upload, post, transmit or otherwise make available via the Service.
- You may not upload, post, email, transmit or otherwise make available or initiate any Content that contains software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or the Materials or that may impact the ability of any FoxyBuilder user to access the Services.
- You will not access the Services through automated methods. The Services may only be used or accessed through an electronic device through manual control at all times.
- You may not upload individual files larger than 20MB, except audio files which may be up to 168MB. (Applies to users hosting with FoxyBuilder)
- You will not share your password, let anyone else access your account, or do anything that might jeopardize the security of your account. You will not attempt to or actually access the Services or Materials by any means other than through the interfaces provided by FoxyBuilder. When and if you transfer your site to a separate hosting provider you may access your site through any interface, as your site will no longer have any association to FoxyBuilder.
- You will not attempt to or actually override any security component included in or underlying the Materials or Services.
- You will not attempt or engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on FoxyBuilder’s infrastructure.
- You will not publish Content, or links to Content, that is:
- Pornographic, sexually explicit, or violent.
- Illegal (including stolen copyrighted material and material that infringes or has the potential to infringe the intellectual property rights of another).
- Reasonably likely to cause harm, or that could be reasonably considered as slanderous or libelous.
- Breaches another’s privacy.
- You will not publish Content that is spam, is machine- or randomly-generated, and/or contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing), or mislead recipients as to the source of the material (such as spoofing).
- You verify that your country of residence is the same as your billing address.
- FoxyBuilder may determine in its sole discretion whether or not an account is in violation of any of these policies. Violation of any of these policies may result in user information tracking with such information being stored to identify the offending user. Offending users may be permanently restricted from holding an account or using the Services. If FoxyBuilder reasonably determines that your account is being used for illegal or fraudulent activity then your account may be immediately terminated and your financial data erased. We may also report you to law enforcement officials in the appropriate jurisdictions.
- Your web site rights
FoxyBuilder does not claim ownership of your Website or Content, but you give us your permission to host your Content on the Service. This permission exists only for as long as you continue to use the Service or remain an Account Holder on our builder platform. FoxyBuilder does not claim ownership of your website or content when you host your site with us. Free domain names purchased by FoxyBuilder on your behalf for hosting with FoxyBuilder may not be transferred to another hosting platform until after hosting with FoxyBuilder for 90 days. After hosting with FoxyBuilder for 90 days, ownership and all responsibilities and fees of the domain name transfer to the user.
- Free Domain Terms
- Services: These domain terms only apply to those who received a free domain for hosting with FoxyBuilder. Upon Customer's request and further subject to this Agreement, FoxyBuilder will register an Internet domain name or renew the Customer's registration of an existing domain name (the "Domain Name"), on behalf of Customer, with a registrar selected by FoxyBuilder (the "Registrar"). The Registrar for the Service is Godaddy, and all new registrations and subsequent renewals of those registrations will be subject to the Godaddy terms and conditions, located at https://www.godaddy.com (the "Registrar Terms").
- Free Domain: FoxyBuilder may provide one (1) free domain name for up to one year, with a new purchase of an annual or bi-annual hosting subscription plan. This domain will be included for the lifetime of your Foxy Builder hosting account, and the domain name will be registered in your name and is yours to keep, as long as you cover any applicable domain registration fees following the first year. FoxyBuilder cannot assure domain name availability. This offer is not valid on domain renewals or transfers. The free domain name applies only to certain TLD's (.com, .net, .org, .info, and .biz) when signing up for a new hosting plan. You may not transfer a domain name within 90 days of registration. Domain name registration orders are subject to the Foxy Builder Domain Terms of Service Agreement.
- Billing & Contact Info: Maintaining accurate and current billing information is a mandatory condition of maintaining your Foxy Builder’s account. If you do not maintain current credit card information in your Foxy Builder’s account, we may cancel your services without further notice. If your billing information is not current, we will not renew your services, and this Agreement will terminate on the last day of the then current term. Your right and title to your domain name also allows you to transfer your domain name to another party after hosting with FoxyBuilder for a period of 90 days. If you choose to transfer your domain name to a different hosting platform after 90 days, you hold sole responsibility for renewing your domain name annually and all the fees associated to your domain name. Regardless of the identity of the registrant or any other contact information in your domain name records, any domain name registered through FoxyBuilder using your FoxyBuilder account is covered by the terms of this Agreement. You are responsible for ensuring that the terms of this Agreement are met.
- Timely Payment: Your right and title to your domain name is for a finite period of time, measured by the term of your registration. If you do not pay your fees within thirty (30) days of the due date, we will close your account and terminate this Agreement. If your account is closed for non-payment, right and title to any domain name previously in your account will transfer to Foxy Builder and a cancellation surcharge of $175 per domain name cancelled plus applicable renewal fees may be levied on your account.
- Canceling & Termination: You may end this Agreement at any time and for any reason by canceling your Foxy Builder hosting services. FoxyBuilder can also end this Agreement at any time and for any reason. If you terminate this Agreement before the 90-day period, you will not be able to take the domain name purchased by FoxyBuilder. If FoxyBuilder terminates this Agreement, FoxyBuilder will provide you with written notice, either via postal service, or email. FoxyBuilder will gladly assist you in transferring your domain name to another hosting platform (Hostgator platform only) for a one-time fee of $30. You may not transfer a domain name within 90 days of registration.
- Limitation of liability: We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your service. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
- Disclaimer of warranties: You agree that your use of our services is solely at your own risk. You agree that such services are provided on an "as is," "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
- Designer Platform Terms
If you use our builder platform service to design a web site (a “Client Website”) for a third party (your “Client”), your use of the Service shall be subject to these additional terms.
- Your relationship with your Client is strictly between you and the Client. We will not be a party to any agreement you have with your Client. The manner and means that you choose to perform your services are in your sole discretion and control; however you agree to perform these services in a timely and professional manner, consistent with industry practice and in conformance with these Terms.
- You accept full responsibility for all Client Websites under your account and for each Client Website’s adherence to these Terms.
- You agree to host your client websites with either FoxyBuilder or Hostgator (using our promo code livehosting for Hostgator).
- While we intend to allow you to resell the service under a private label, this private label is in no way guaranteed and we will in no way be held responsible for any failure to maintain its private label. Note that we do not allow white labeling on our platform or themes of any kind.
- In the event your Client contacts us, we will direct them to contact you. In the event you fail to support your Client and we receive a request from your Client stating that you have not been responsive, we reserve the right to support your Client directly.
- Payments for your use of the Designer Platform Service are calculated on a per website basis. Each Client Website under your account that’s published live to a Client’s domain will incur monthly service charges. These service charges are billed to the credit card on file for your FoxyBuilder account.
- Service charges are billed each month for the upcoming month’s service, based on the total service charges of all Client Websites.
- No refunds will be given for any days remaining in your current billing cycle.
- You understand and agree that you, as the Account Holder, are ultimately responsible for payment for every Client Website under your account. If, at any time, the billing obligations of any Client Website are not met, we will have the right to disable the Client Website until the billing obligation is met.
- Hosting and Site Transfer Fees
- You may agree to a monthly, twelve (12) month or twenty-four (24) month hosting contract agreement with FoxyBuilder.
- You may agree to a one (1) time site transfer fee from FoxyBuilder’s platform to the hostgator hosting servers.
- At the end of the contract term, your contract will automatically renew for an additional contract term until explicitly cancelled by you. Cancellation must be issued via FoxyBuilder's support email address. Any cancellation must be done three (3) days prior to the end of the contract term to allow for adequate processing time.
- Only Services and features clearly indicated as "free" or "no charge" are free or without charge. It is not the responsibility of FoxyBuilder to provide free support for you in the use and operation of FoxyBuilder. Hosting and support provided by FoxyBuilder and its partners are provided for the fees described for each service on the Site (“Fees”) and you are liable for such Fees.
- If you registered for a trial use of the Services ("Trial Period"), you must make your site live and obtain hosting within the Trial Period in order to retain any Content that you have posted or uploaded during the Trial Period. If you do not purchase hosting by the end of the Trial Period, your Content will no longer be available to you. To be very clear, after using the Services during the Trial Period, if you decide not to purchase hosting services, you will not be able to access or retrieve any of the data you added/created during the Trial Period
- If you purchase Hosting Services that we offer for a Fee, you agree to FoxyBuilder, or our third party service providers, storing your payment card information. You expressly agree that we are authorized to charge you (i) a monthly Fee for any applicable Services billed on a monthly basis, (ii) any other Fees for Services you may purchase, and (iii) any applicable taxes in connection with your use of the Services to the payment card you provide and to reimburse us for all collection costs and interest for any overdue amounts. If the payment card you provide expires and you do not provide new payment card information or cancel your account, you authorize us to continue billing you and you agree to remain responsible for any uncollected Fees.
- Hosting service money back guarantee
FoxyBuilder hosting Accounts include a 30-day money back guarantee. If you are dissatisfied with our hosting account service for any reason, you can receive a full refund if you cancel your hosting account within 30 days of activation. Please direct refund requests to email@example.com with the subject line: Refund Request.
If you purchased your own domain name, you can transfer your site to the Hostgator hosting platform using the instructions provided on our site or pay FoxyBuilder a one-time fee of $30 to have us transfer your site for you. Switching your hosting service may cause the loss of content, features, or capacity of your account and note that FoxyBuilder does not accept any liability for such loss. Free domain names may not be transferred to a different hosting platform during the first 90 days of registration. FoxyBuilder does not accept any liability associated to your domain name once all rights have been relinquished to you.
We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for you or for all our users at any time and in our sole discretion. All of these changes shall be effective upon their posting on the Site or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by us to be contrary to this Agreement. For avoidance of doubt, FoxyBuilder has no obligation to store, maintain or provide you a copy of any content that you or other users provide when using the Services.
- Disclaimer of Warranty & Limitation of Liability
YOU AGREE THAT YOUR USE OF FOXYBUILDER’S WEBSITE PLATFORM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FOXYBUILDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. FOXYBUILDER MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE FOXYBUILDER WEBSITE PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE FOXYBUILDER WEBSITE IN NO EVENT SHALL BUILDWPSITE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FOXYBUILDER WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.C. YOU SPECIFICALLY ACKNOWLEDGE THAT FOXYBUILDER SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.D. FOXYBUILDER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FOXYBUILDER WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FOXYBUILDER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. FOXYBUILDER DOESN’T RECOMMEND THE USE OF THE SITE FOR HOSTING OF PERSONAL CONTENT AND SHALL NOT BEAR ANY SECURITY RISKS REGARDING BREACH OR DAMAGE TO ANY USER CONTENT. FOXYBUILDER MAKES NO REPRESENTATIONS THAT THE FOXYBUILDER WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO ACCESS OR USE FOXYBUILDER WEBSITE PLATFORM FROM JURISDICTIONS PROHIBITING SUCH USE, DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
You agree to indemnify, defend and hold FoxyBuilder, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, use of or connection to the Service, violation of these Terms, or violation of any rights of another.