1. Acceptance of Terms
By using the “IcebergBuilder” web site and services (“Service”) provided by Ltd. Positive Company, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
IcebergBuilder reserves the right to change the Terms of Service at any time without notice. Such changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. You acknowledge and agree that it is your responsibility to review this page and the Terms of Service periodically and to be aware of any changes. Continued use of the Service after any such changes shall constitute your consent to such changes. Violation of any of the terms below will result in the termination of your Account.
2. Account Terms
You must be 16 years or older to use this Service.
You must be a human. Accounts registered by robots or other automated methods are not permitted.
You agree to provide IcebergBuilder with valid e-mail address and any other information requested in order to complete the signup process.
You are responsible for maintaining the security of your account and password.
You may not use the Service for any illegal or unauthorized purpose.
You may not use the Service as a remote storage server or file hosting service.
If your monthly bandwidth exceeds 30 Gb on a regular basis, IcebergBuilder will contact you and reserves the right to increase subscription fees, suspend or remove your Account or website.
3. Prohibited Content and User Conduct
The Service may not be used to publish or promote the following content:
– Content which may be illegal in United States and EU.
– Content promoting illegal activities.
– Content of a pornographic nature.
– Content with the sole purpose of causing harm or inciting hate, or content that could be considered as slanderous or libellous.
– Content of a racist nature or anything that seeks to promote the bullying or belittling of others.
– Scams such as “get rich quick” or other dubious schemes.
– Sites that collect donations, except when the site is operated by a registered charitable organization (and a link to the corresponding registry is provided) or an explicit permission is received from IcebergBuilder.
– Sites whose sole purpose is to gain search engine ranking or followers on social networks.
– Sites whose content mainly consists of third party ads or copied content.
– Content that breaches the Google Website Quality Guidelines
– Content that breaches the Google Unwanted Software Policy
You agree that you will not:
– misuse or interfere with the Service;
– upload or publish content that is copyrighted or otherwise subject to third party proprietary rights unless you are the owner of such rights or have the permission from the rightful owner;
– upload, publish or promote any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
– upload or publish any content that is adult in nature;
– send unsolicited commercial email (spam);
– offer for sale or sell any item, good or service that (a) violates any applicable federal, state, or local law or regulation, (b) you do not have legal rights to sell;
– upload or publish any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
– upload files for the sole purpose of having them hosted by IcebergBuilder and for use outside of a web site created using the Service;
– upload or publish any content that promotes or provides instructional information about illegal activities;
– impersonate any person or entity;
– exceed the scope of the Service that you have signed up for;
– use the Service as a forwarding service to another web site;
– include more than three ad units per page, or any advertising that greatly reduces the usability of the site;
– hide IcebergBuilder domain name on free websites by means of HTML frames or in any other way.
4. Privacy and Data Protection
IcebergBuilder privacy policy explains how we treat your personal data and protect your privacy when you use the Service. By using the Service, you agree that IcebergBuilder can use such data in accordance with our privacy policy.
5. Payments and Fees
The financial relationship between a paying customer and IcebergBuilder is governed by the IcebergBuilder distance contract.
6. Account Cancellation
You can cancel your account via our online control panel. Cancellation requests are not accepted through phone, email, fax, or any other method.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. Any payments that have been already made are non-refundable.
IcebergBuilder, in its sole discretion, has the right to suspend or terminate your account at any time for any reason without notice. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account.
Free websites that are not updated and do not receive genuine visitors will be automatically suspended after a month of inactivity.
For avoidance of doubt, we have no obligation to store, maintain or provide you a copy of any content that you or others provide when using the Service.
7. Modifications to the Service and Prices
IcebergBuilder reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change without a prior notice. Such changes shall be effective upon their posting on IcebergBuilder website.
IcebergBuilder shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
If we discontinue the Service, if reasonably possible, we will give you reasonable advance notice and a chance to get information out of the Service.
8. Disclaimer
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
IcebergBuilder does not warrant that (a) the service will meet your specific requirements, (b) the service will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the service will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (e) any errors in the Service will be corrected.
You expressly understand and agree that IcebergBuilder shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if IcebergBuilder has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the service; (e) or any other matter relating to the service.
To the fullest extent allowed by law, the total liability of IcebergBuilder, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Service.
We recognize that in some countries, you might have legal rights as a consumer. If you are using the Service for a personal purpose, then nothing in these Terms of Service limits any consumer legal rights which may not be waived by contract.
9. Indemnity
You agree to hold harmless and indemnify IcebergBuilder and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
You agree to compensate IcebergBuilder any damages arising due to your use of or connection to the Service, violation of these Terms of Service, or violation of any rights of another.
10. Assignment
Neither the Terms of Service nor any of the rights, interests or obligations hereunder may be assigned by you (whether by operation of law or otherwise) without the prior written consent of IcebergBuilder. IcebergBuildermay assign the Terms of Service without the consent of yours. Subject to the foregoing, the Terms of Service shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and permitted assigns.
11. Misc.
All operations with domain names are handled according to our Domain Name Policy.
IcebergBuilder reserves the right to refuse Service to anyone at any time for any reason.
If it turns out that a particular term is not enforceable, this will not affect any other terms.
Anything not explicitly stated in the Terms of Service is subject to interpretation at IcebergBuilder’s sole and absolute discretion.
Different payment and cancellation terms may apply if the Service subscription is purchased via IcebergBuilder reseller.
Domain Name Policy
Paid IcebergBuilder subscriptions come with one domain name registration included in the price. Additional domain name registrations or domain name change can be done for extra fee which is shown upon checking the availability of particular domain name.
Domain name registration is ordered online via IcebergBuilder interface.
We are not a domain registrar for most domain types; we use third party domain companies to buy domain names for our customers. We guarantee that domain names that are bought through us will work with IcebergBuilder.
By ordering a domain name registration, you authorize IcebergBuilder to perform domain name registration on your behalf, by entering you into agreement with corresponding domain name registrar or registry.
By ordering a domain name registration, you accept full responsibility for compliance with any applicable law as well as, if applicable, the registration requirements of ICANN and the respective registrars and registries which shall be considered part of this agreement.
When we register a domain name on behalf of you, we will use the data that you entered in the order form to specify the domain owner. If you want to specify a different domain owner, you must notify IcebergBuilder about this by e-mail and wait for a confirmation before placing an order;
To ensure your rights to use the domain name that we register for you, we will submit your full name (also, company name, if specified), contact information and any other mandatory data to an accredited domain registry. The use of this information is governed by the respective privacy policy of the domain registry. In some cases domain registrant information (e.g. name, address, e-mail etc.) may be added to WHOIS register as required by regulations and is therefore publicly accessible. Domain name registration can not be done without this. For an extra fee on some domain types it is possible to purchase “privacy service” that allows to hide domain owner data (it will still be available upon request by law-enforcement organizations).
When you order a domain name registration, you signify that the information that you provide is accurate and precise. You are also responsible for notifying IcebergBuilder about any changes of the domain name owner contact information.
The transfer of domain name ownership to another person or a change in the domain name owner data is only possible upon request from domain name owner.
Once you order a domain name, it may take up to three business days before the domain name becomes operational. Usually the domain name will become operational within 24 hours after we have received the payment.
To use domain names that have been bought through IcebergBuilder, you must have an active IcebergBuilder subscription.
If you want to use the domain name purchased through IcebergBuilder also for e-mail or other purposes, this can be arranged for an extra fee.
Payment and Refund Policy
Domain renewal fee may be charged up to 3 weeks before the domain name actually expires. This gives us an opportunity to save the domain name from being lost in an event of a failed payment.
Your domain name will be renewed automatically as long as we receive timely payments for IcebergBuilder subscription and domain name registration.
If we have not received the payment for the domain name at least ten days before the domain name expires, it will be deleted and lost.
If we have not received a timely payment for a domain name, we may renew the domain name at our own expense and then use it at our own discretion for whatever purpose we see fit.
You can cancel domain renewal and any future automatic payments from the IcebergBuilder user interface. Any payments that have been already made are non-refundable.
Domain Name Transfer from IcebergBuilder
You can transfer any domain name that you have bought through IcebergBuilder to your own domain registrar account.
Domain name transfer is done by transferring the domain name form IcebergBuilder account to your own account with the same registrar. Transfer between different registrars can be done on your own after you have the domain name in your own account.
.lv and .lt domain names handled by IcebergBuilder registrar, can be transferred directly to another .lv or .lt domain registrar upon authorized request from the domain owner.
Disclaimer
You expressly understand and agree that IcebergBuilder shall not be liable for any damages or losses resulting from a failure to renew, register or maintain any domain name that has been ordered through us.
Using your own Domain Name with IcebergBuilder
By purchasing a domain name through IcebergBuilder, you agree to this policy. If you do not agree to our domain name policy, do not buy domain names through IcebergBuilder. You can use your own domain name that you have purchased somewhere else.
If you choose to use your own domain name, you must take care of all the technical details concerning the configuration of your domain name. IcebergBuilder will provide you with the IP addresses and basic info on pointing the domain to our servers, the rest is up to you.
Solving any domain problems that are related to domain names purchased somewhere else is a paid service for an extra fee of 50 EUR per hour (excluding taxes).
If you have any more questions, feel free to contact us via kristians@icebergbuilder.com.
Wishing you the best of success in your business endeavors,
IcebergBuilder team
