buildonnet grants you permission to use the service as set forth in this agreement, provided that:
You will need to register with buildonnet and create a "Member" account. Your account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.
You may never use another member's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. You shall be liable for the losses of buildonnet or others due to unauthorized use. By providing us your email address you consent to our using the email address to send you service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including changes to features of the service and special offers.
Free for 1 month usage of our services starting the day that you agreed to this agreement. The free services are a subject to the limits posted on the site. We may change these limits anytime without prior notice. After the termination of the free trial period you may choose to purchase our services.
You are responsible for paying all fees and applicable taxes associated with the usage of our services in a timely manner with a valid payment method. You authorize Buildonnet or its third party payment providers to charge your credit card, charge card, debit card, PayPal, or financial institution account (herein "Payment Method") for all charges to your accounts with Buildonnet. You agree that we may automatically charge the fee to your Payment Method at the beginning of each recurring period. For example, if you choose a Buildonnet Service with a monthly plan, you will be billed every month on the anniversary date of the date you clicked the purchase button. Additionally, we may offer a pre-pay payment option for payment of our Services ("Pre-Payment Plan"). If you opt for a Pre-Payment Plan, your Payment Method will be charged the then-current fee for that Product Plan or Support Service at the commencement of each initial period and renewal period.
You acknowledge and agree that any credit card and related billing and payment information that you provide to may be shared by Buildonnet with companies who work on Buildonnet behalf, such as payment processors and/or credit agencies, solely for the purpose of checking credit, effecting payment to Buildonnet and servicing your account. If your credit card expires or your credit card number changes, you will promptly provide us with new credit card data or update your payment information. You agree to pay Buildonnet all charges incurred under your account for any our services. If your Payment Method fails or your account is past due, (a) you agree to pay all amounts due on your account upon demand, (b) Buildonnet may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us and (c) Buildonnet reserves the right to either suspend or terminate your Buildonnet Services, or your account with Buildonnet. If you discover a billing error or have questions about any transaction, please contact us immediately.
No refunds will be provided, unless we decide to terminate your services without reason. If your services get terminated due to noncompliance with anti-spam policy or noncompliance with this agreement, no refund will be issued. It may take up to a few days for Buildonnet to process your cancellation or plan change, but all cancellations/changes will be effective as of the date that you notified us. Refunds will be issued to the same method of payment.
You are responsible for paying any governmental taxes imposed on your use of Buildonnet services including, but not limited to, sales, use, or value added taxes.
Termination of Services
reserve the right to modify or terminate service of all or any part of the Buildonnet services at any time without notice. You agree that all terminations shall be made at the discretion of Buildonnet and Buildonnet will not be held liable to you or to any third party for any such modifications or termination of services. Either party may terminate the agreement at any time for any reason by providing notice to the other party. We may suspend our services to you at any time with or without cause. We will refund a pro-rata portion of your monthly prepayment or reimburse you for unused email credits if we terminate your membership without cause. Unless you explicitly terminate this agreement, one week prior to end of the agreement, the agreement will renew itself and we will continue to bill you.
Content and Data
You own and control all the data and information you upload on Buildonnet. We do not claim any ownership or any other rights on your content. At any point, you can remove your content and cancel your account. Buildonnet will not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any customers' recipient data. You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all data. you hereby agree that if your content is removed from any network due to a violation of these Terms of Service, including in response to any valid take down notice or because such content contains illegal images, we shall have the right to use and reproduce your content in any manner without restriction, including in response to judicial or administrative order, to assist government enforcement agencies or otherwise required by law and to protect the rights, property or safety of, any user individual, or the general public. You understand that whether or not your content is published or marked private by you, we do not guarantee any confidentiality or privacy with respect to any of your content or data.
Buildonnet may contact you for marketing purposes by various means, including but not limited to, regular mail, email or telephone. When you activate your Buildonnet account you give your consent to receive marketing communications via direct mail, email (at the email address you provided when activating your account), telephone (at the number you provided when activating your account), pre-recorded messages (at the number you provided when activating your account), text messages (if you provided a wireless telephone number), instant messages or other communications methods.
You acknowledge that we, or our suppliers, own all proprietary rights in the website and the software used to provide the services, including, but not limited to, any patents, trademarks, service marks and copyrights.
You represent and warrant us that you will not add or upload any content to the website to create an electronic newsletter, or for any other purpose unless you are the owner of all proprietary rights in that content (or have been given a valid license from the owner of the proprietary rights in such content) and have obtained releases for all related privacy and publicity rights.
Use of Services
You acknowledge and agree that you will use the services only to access, employ, utilize, or display the software solely for your "internal business purposes" by your employees or by independent contractors hired by you. For the avoidance of doubt, the term "internal business purposes," as used herein, does not include among other things, the right to:
You agree to report immediately to Buildonnet, and to use best efforts to stop immediately, any violation of the terms and conditions set forth in this agreement or any of the Policies. You will not send any unsolicited email to anyone with whom you have no relationship. You will only send mail using Buildonnet to contacts:
Buildonnet shall not be used to publish any illegal content or it shall not be used to harass anyone. Emails that contain pornography or sexually explicit images may not be sent or uploaded on websites. Our services may not be used to sell illegal substances. Buildonnet also works under the CAN SPAM LAW, so emails that disobey the law shall not be sent.
We also reserve the rights not to provide our services to industries such as illegal good or services, dating and escort services, pharmaceutical product, get rich quick or work at home schemes, gambling products, services or gambling education, multilevel marketing, affiliate marketing, credit repair or get out of debt content, mortgages or loans, supplements for nutrition, herbal or vitamin.
You agree not to post content that:
Neither party will be liable for any failure or delay in performance under this agreement which is due to any event beyond the reasonable control of such party, including without limitation, fire, explosion, unavailability of utilities or raw materials, internet delays and failures, telecommunications failures, unavailability of components, labor difficulties, war, riot, natural calamity, export control regulation, laws, judgments or government instructions.
Electronic Signatures & Records
As a convenience and courtesy to you, Buildonnet provides access to its services online which may require you to enter into agreements or receive notices electronically. Accordingly, you acknowledge and agree that by clicking "I Agree" or "I Accept" anywhere on the site:
Customer acknowledges that the Services may be subject to U.S. or other countries' export control laws and regulations. Customer agrees not to export, or transfer for the purpose of re-export, the Services (including technical data) in violation of any U.S. or other applicable export control laws and regulations.
Buildonnet makes no warranties of any kind, expressed or implied, for the services to be provided hereunder.
Every mail sent using Buildonnet must contain an unsubscribe link that would let the users to disable the service and also a link to Buildonnet policies. There should be a footer that says powered by Buildonnet that can not be removed. Each email should also have your physical address and contact information. Buildonnet reserves the right to log off or deactivate member's accounts that is inactive for an extended period of time.
Third Party Content and Hyperlinks to Third Party Sites
Your account may contain features that let access to third party contents such as websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the internet as a whole. Any transactions with such third party content are solely between you and the third party. As we do not control the Third party, we are not responsible for any Third party content such as the accuracy, including the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating to such Third party content, it is the sole responsibility of the person from which such Third party content originated, and Buildonnet has no obligation to monitor such Third party content. Buildonnet designees reserves the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display or transmit any Third party content (including on any network) in whole or part at any time for any reason or no reason with or without notice and with no liability of any kind.
Representations and Warranties and Covenants
You represent and warrant us that
Disclaimer of Warranties
The services (and the professional services, as applicable) are provided "as is" and without representation or warranty of any kind. Use of this service is at your own risk. Buildonnet does not warrant that the services will meet customer's requirements nor do they give any warranty about the results that may be obtained by using the services, that the service will be available on a particular time and location, uninterrupted and secure, or that the service is free of viruses or other harmful components. All the content downloaded is at your own risk and you will be solely responsible for the damage to your system or loss of data result of such download. We do not warrant, endorse, guarantee for any product or service offered by a third party through Buildonnet services.
Limitation of Liability
You agree that under no legal terms or theory, including, but not limited to negligence, shall Buildonnet or its employees be liable to any direct or indirect incidental, exemplary, consequential or punitive damages arising from or related to the services (or the professional services, if applicable), or to the performance of this agreement, including but not limited to, damages for loss of data, loss of use, or loss of profits, even if Buildonnet or its representatives have been advised in advance of the possibility of such loss or damages. Further, in no event will Buildonnet and the representatives' total cumulative liability to customer or any other party for claims, losses, or damages of any kind, whether based on contract, tort, negligence, indemnity or otherwise, arising out of or related in any way to this agreement or the services, exceed the actual fees customer paid to Buildonnet for the services as of the date of the claim, loss, or damage.
The service is controlled and operated from its facilities in the united states. Buildonnet makes no representations that the service is appropriate or available for use in other locations. Those who access or use the service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the service are solely directed to individuals, companies, or other entities located in the U.S.
You agree to indemnify and hold Buildonnet, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
This Agreement will be governed by the laws of the State of California as applied to agreements entered into and performed entirely within the State of California, without regard to any choice of law provisions thereof. The rights and obligations of the parties under this Agreement shall not be governed by the provisions of the United Nations Convention on Contracts for the International Sale of Goods.
Any dispute or controversy arising under, out of, or in connection with this Agreement shall be resolved by binding arbitration under the commercial rules of the American Arbitration Association before a single arbitrator. Any such arbitration shall be conducted in San Jose, California, U.S.A. Judgment upon any award may be entered in any court of competent jurisdiction. The arbitrator shall be designated by mutual agreement of the parties or, if the parties cannot agree on an arbitrator within ten (10) days after a request for arbitration hereunder, each party shall designate one (1) arbitrator and the arbitrators so designated shall designate a third arbitrator who shall conduct the arbitration. The decision of the arbitrator shall be binding and conclusive upon the parties. Notwithstanding the foregoing, Buildonnet shall have the right to seek injunctive relief or other equitable or legal remedies in a court of competent jurisdiction in the State of California, to which jurisdiction, for such purpose, Customer hereby irrevocably consents.
You shall always comply with all the international and domestic laws, ordinance, regulations and statutes that are applicable to your use of the Services.
This Agreement contains the entire agreement between you and Buildonnet regarding the use of the Services. This Agreement does not create a partnership, joint venture or agency relationship between you and Buildonnet. You do not have any right, power, or authority to act as a legal representative of Buildonnet. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Buildonnet without restriction. Any transfer, assignment, sublicense or delegation without consent will be null and void.
U.S. Export Controls
Any software provided by Buildonnet through the Services is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported.
Your interactions with other members in connection with the services or with advertisers, including, without limitation, payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other members or the advertiser. You agree that Buildonnet will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other member's use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including, without limitation, any member), Buildonnet is under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other members.
Your Member Profile
Any Content used for or photographs posted by you in your Member profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post a photograph of another person without that person's permission.
You may access and use the services using certain mobile devices. Unless otherwise specifically stated herein, your access and use of the services via a mobile device is subject to the terms and conditions of this agreement and your full compliance with all your obligations hereunder, including, without limitation, the terms and conditions regarding the use and provision of content. by accessing and using the services with a mobile device you acknowledge and agree that you may receive certain communications from the services such as SMS, MMS, text messages, mobile emails, or other electronic communications. Please note that by accessing and using the services via mobile devices, or by using certain mobile features, such as receiving or sending mobile communications via your mobile device, you may incur fees from the provider or carrier of the mobile services that you use and you are solely responsible for the payment of such fees.
1313 N. Milpitas Blvd
Milpitas CA 95035
Phone : 408-600-1234
Fax : 1.408.702.2441