Terms Of Service 

The detailed terms and conditions below that govern all services offered

Terms Of Service THAT GOVERN OUR WEBSITE

Visitors are recommended to have a thorough reading of the terms and conditions listed below before they use the site. As you browse or use this website, you agree to all the below-mentioned terms and conditions. Kindly do not use the site if these terms are not accepted to you. 

This web page represents a legal document that serves as OUR Terms of Service and it governs the legal terms of OUR WEBSITE, http(s)://AdultBusinessBuilders.com, sub-domains, and any associated web-based and mobile applications (collectively, “Website”), as owned and operated by Adult Business Builders.

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Service, along with OUR Privacy Policy, and other posted guidelines within OUR WEBSITE, collectively “Legal Terms”, constitute the entire and only agreement between you and Adult Business Builders, and supersede all other agreements, representations, and understandings with respect to OUR WEBSITE and the subject matter contained herein. WE may amend OUR Legal Terms at any time without specific notice to you. The latest copies of OUR Legal Terms will be posted on OUR WEBSITE, and you should review all Legal Terms prior to using OUR WEBSITE. After any revisions to OUR Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review OUR Legal Terms to make sure you still agree to them.

By using OUR WEBSITE, you agree to fully comply with and be bound by OUR Legal Terms. Please review them carefully. If you do not accept OUR Legal Terms, do not access and use OUR WEBSITE or SERVICES. If you have already accessed OUR WEBSITE and do not accept OUR Legal Terms, you should immediately discontinue use of OUR WEBSITE.

Definitions

1. The phrase “our website” or “this website” refers to http(s)://adultbusinessbuilders.com/ including: all sub-pages, all sub-domains, and any associated web-based and mobile applications (collectively, “Website”) owned and operated by Adult Business Builders.

2. The terms “we”, “us”, “our”,  “Adult Business Builders”,  “AdultBusinessBuilders”, “Website Maintenance” and “AdultBusinessBuilders.com” shall be used interchangeably and shall refer to Adult Business Builders.

3. A “visitor” is someone who merely browses OUR WEBSITE, but has not registered as a MEMBER.

4. A “member” or “client” is an individual that has registered with US to use OUR SERVICE.

5. OUR “service” or “services” represents the collective functionality and features as offered through OUR WEBSITE to OUR MEMBER.

6. A “user” or “users” is a collective identifier that refers to either a VISITOR or MEMBER.

7. All text, information, graphics, audio, video, and data offered through OUR WEBSITE are collectively known as OUR “Content”.

8. “Professional Service” or “Professional Services” are defined as any SERVICE outside of OUR monthly subscription plans in which WE quote, invoice and bill a MEMBER once the MEMBER has agreed to the service.

Account Eligibility

  • By registering for or using the Services, you represent and warrant that:
    1. You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
    2. If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.

Authorization

The client is engaging AdultBusinessBuilders.com as an independent contractor for the specific project of developing an Internet adult web site, graphics or modifying an existing web site. The created web site is to be hosted by AdultBusinessBuilders.com with any one of the chosen Management & Maintenance plans or the client  can choose to use another host. The client also authorizes AdultBusinessBuilders.com to publicize their completed work created by Adult Business Builders and/or their subcontractors for the Client  as example of talent per the AdultBusinessBuilders.com portfolio. 

GENERAL NOTICE AND TERMINATION

By browsing the site, the visitor gives his or her assertion to all above-mentioned terms and conditions. In case of any legal hassles, the prosecution will be conducted under the jurisdiction of New Delhi. If the Terms and Conditions document proves as correct then the winning side will be liable to pay the attorney fee and other costs. On the other hand, the provision will be brought down to the least possible extent to ensure that the enforcement of terms and conditions document is not affected at all in case the document cannot enforce in under a provision. Entire services are covered under the terms and conditions document. In fact, this document is a subject of agreement between website and the user. This agreement will be in effect until the user or Adult Business Builders terminates. Adult Business Builders can terminate this agreement at any point of time without notifying you in advance. The termination from Adult Business Builders will restrict the user to access to the website for any reason because of his or her inability to abide by and any term or provision mentioned in this document. It is recommended to destroy all the materials taken from the website as well as the copies of such material with immediate effect.

Changes to the Agreement or the Services

  1. Adult Business Builders may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the Adult Business Builders website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
  2. Adult Business Builders reserves the right to modify, change, or discontinue any aspect of the Services at any time.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of OUR WEBSITE. Adult Business Builders reserves the right to investigate complaints or reported violations of OUR Legal Terms and to take any action WE deem appropriate, including but not limited to canceling your MEMBER account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under OUR Privacy Policy.

Indemnification

You agree to indemnify, defend and hold harmless Adult Business Builders, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.

Completion Date

AdultBusinessBuilders.com and the client must work together to complete the web site in a timely manner. AdultBusinessBuilders.com agrees to complete the web sites in the time agreed on by both parties if ALL information, materials and deposit are received by AdultWebMaker.com when the agreement is made. If the client does not supply AdultBusinessBuilders.com with ALL information and materials at the time of the agreement, the completion date may be delayed at no fault of AdultBusinessBuilders.com.

Testing and Acceptance Procedures

Adult Business Builders will make every good-faith effort to test all elements of the web site thoroughly and make all necessary corrections as a result of such testing prior to launching the website. Upon launch of the web site, the Client accepts the web site and make the final payment(s) set forth herein and shall have (30) thirty days to give a written notice of any corrections that need to be made which should be mutually acceptable to both Adult Business Builders and the Client.

POLICY AGAINST OFFENSIVE CONDUCT

It is our expectation from our clients and visitors to not use any inappropriate conduct or language that can portray vulgarity, racism, sexism, hatred in their comments using the website. Users are strictly prohibited from using any such gestures. The accused of conducting prohibited activities is entitled to face the prosecution. We secure the right to disown any user material related to child pornography, terrorism, punishable offence, hatred in any form at any point of time. It can rightfully remove anything that violets our policy.

Third Party Products and Services

  1. Third Party Providers Adult Business Builders may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.Adult Business Builders does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Adult Business Builders is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
  2. &nbsp
  3. Adult Business Builders as Reseller or Licensor Adult Business Builders may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Non-Adult Business Builders Products”). Adult Business Builders shall not be responsible for any changes in the Services that cause any Non-Adult Business Builders Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-Adult Business Builders Products, either sold, licensed or provided by Adult Business Builders to you will not be deemed a breach of Adult Business Builders obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-Adult Business Builders Product are limited to those rights extended to you by the manufacturer of such Non-Adult Business Builders Product. You are entitled to use any Non-Adult Business Builders Product supplied by Adult Business Builders only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-Adult Business Builders Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-Adult Business Builders Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
  4. &nbsp
  5. Third Party Websites The Services may contain links to other websites that are not owned or controlled by Adult Business Builders (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.

Changes and Additions/ contact agreement.

The client is responsible for providing accurate and reliable contact information. The client agrees that any email address or contact number given for business purposes will be active and understands that the client is responsible for replying to all correspondence sent to that address by AdultBusinessBuilders.com. Failure to respond in a timely manner may result in a delayed completion date without fault to AdultBusinessBuilders.com. Any change request by the client after agreed completion and delivery may be subject to additional charges. Additional work requested will be considered as a separate work order. AdultBusinessBuilders.com is under no obligation to make any additions after a project has been completed and delivered. Any further revisions in your web site may result in additional charges.

Free Managed Website Hosting

Adult Business Builders reserve the right to refuse free managed website hosting (“FMWH”) at any time, for any reason. Typically, this is due to an abuse of resources.

FMWH is designed to serve the web hosting needs of small, independently owned and operated businesses in a single country. It is not appropriate to use these SERVICES to support large enterprises or internationally based businesses with a sustained demand that places undue burden on the systems or negatively impacts use by small, independently owned and operated businesses.

We do not allow a MEMBER to directly access OUR FMWH servers, either by FTP, SCP, SFTP, or any other technology. WE handle the support and services within entirely.

WE use HostGator to provide hosting to our clients. By agreeing to our Terms Of Service we assume you agree to their General Terms of Service, read their Terms Of Service.

Lawful Purpose

WE reserve the right to refuse SERVICE to anyone. WE reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on OUR servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: “Pirated Warez”, OGG, AVI, MPEG, ISO, “Hacker programs or archives”, “Copyrighted Digital Movie Copies (DIVX)” and “Unlicensed MP3”. The designation of any materials as such described above is left entirely to the discretion of the Adult Business Builders management.

If illegal content or usage is found, the account will be suspended and/or terminated. You agree that WE may disclose any and all of your information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.

Regardless of the place of signing this agreement, you agree that for purposes of venue this contract is entered in Fort Myers, Florida and any dispute will be litigated or arbitrated in Fort Myers, Florida. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Fort Myers, FL courts. IN NO EVENT SHALL THE MAXIMUM LIABILITY OF ADULT BUSINESS BUILDERS EXCEED THE CURRENT MONTHLY SUBSCRIPTION PRICE OF YOUR WEBSITE MAINTENANCE PLAN.

Limitation of Liability

IN NO EVENT WILL ADULT BUSINESS BUILDERS, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF ADULT BUSINESS BUILDERS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ADULT BUSINESS BUILDERS LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ADULT BUSINESS BUILDERS FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

Billing and Payment Information

  • Prepayment.
    It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
  • Auto-renewal.
    Unless otherwise provided, you agree that until and unless you notify Adult Business Builders of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
  • Taxes.
    Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Adult Business Builders invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
  • Late Payment.
    All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Adult Business Builders may suspend or terminate your account and pursue the collection costs incurred by Adult Business Builders, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. Adult Business Builders will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
  • Domain Payments.
    It is solely your responsibility to notify Adult Business Builders Billing department via a support ticket created from https://adultbusinessbuilders.com/support after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and Adult Business Builders not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.
  • Fraud.
    It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Adult Business Builders may report any such misuse or fraudulent use, as determined in Adult Business Builders sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
  • Invoice Disputes.
    You have ninety (60) days to dispute any charge or payment processed by Adult Business Builders. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.

Payments, Refunds, Plans, and Plan Modifications

You will be billed monthly for SERVICES. The SERVICE is a subscription. Subscriptions are not prorated, and are billed in advance.

Refunds may be issued only during the first thirty (30) days of the subscription plans, unless the SERVICE is discounted below the above noted standard rates.

When upgrading your plan, you will be billed on a prorated basis for the remainder of your billing cycle. SERVICES are also prorated for the remainder of your billing cycle. At the start of the next billing cycle, you will be billed at the new (upgraded) plan rate.

When downgrading your plan, your plan will be downgraded effective at the start of your net billing cycle. Downgrading is not prorated.

After upgrading your plan, you may not downgrade your plan until the start of your next billing cycle.

When canceling your plan, your plan will be cancelled effective at the end of the current billing cycle. Cancellations are not prorated.

Each plan has a defined number of update requests allowed per month, as well as defined business day turnaround expectations for updates. Update requests may not exceed one (1) hour of labor per request. Expedited one (1) day turnaround is available for a one time fee (per update request). Additional updates requested outside of the allowed updates per month are quoted and billed separately, upon approval from you. In this case, WE typically recommend upgrading your plan as it is more cost-effective for you.

Price Change

Adult Business Builders reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by Adult Business Builders through the user billing tool or through other methods of communication, including notices sent or posted by Adult Business Builders.

Coupons

Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.

Delay of Payment

Payment must be received for work completed within 45 days of completion. Failure to pay for services rendered within this time will result in a forfeit of your deposit and AdultWebMaker.com will make the design available for resell.
For your convenience, we accept bank transfer, PayPal in some cases, Money order or Western Union. If paying by a Paypal e-check, no work will commence before the funds are released.
If any payments remain delinquent for more than 6 months, the account will be turned over to a collection agency.

Cancellation Process.

You may terminate or cancel the Services by giving Adult Business Builders written notice via the email. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) Adult Business Builders may, in our sole discretion, refund all pre-paid fees for Management & Maintenance services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.

Once we receive your cancellation email and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled.

We require all cancellations to be done through email in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.

Cancellations for shared accounts will be effective on the account’s renewal date. 

Money-Back Guarantee.

Adult Business Builders offers a thirty (30) day money-back guarantee for Adult Business Builders Management & Maintenance services only. If you are not completely satisfied with these services and you terminate your account within thirty (30) days of signing up for the Services, you will be given a full refund of the amount paid for Management & Maintenance. This money-back guarantee only applies to fees paid for Management & Maintenance services and does not apply to install fees for custom software or other setup fees, or to any fees for any other additional services.

Copyright

The Client represents that all website content including logos, trademarks, photos, illustrations, audio, video, and written content provided to US are owned by the Client, or the Client has received explicit permission for use, and do not violate United States copyright law. Client has also received permission from all individuals photographed to be shown on the web. Each person in photos going online understands that their face will be seen on the Internet. Any names and contact information placed on the website also have been provided with consent from each individual. Client agrees to indemnify and hold Adult Business Builders harmless against all claims, including but not limited to claims of copyright or trademark infringement, violations of the rights of privacy or publicity or defamation, arising out of use of the work.

Accessibility, Usability, Cross-Platform Issues

Adult Business Builders will do their best to make sites as accessible, usable, and cross-platform as possible. Client understands that some site features will cause a website to not meet these standards 100% of the time. The Client understands that no website will look and function identically all in browsers and operating systems and that any attempt to do so is futile. Client will be informed if features requested by the Client will negatively impact website accessibility, usability, and cross-platform use. Client agrees to indemnify and hold Adult Business Builders harmless against all claims with regard to these matters.

Disclaimer

Adult Business Builders shall not be responsible for any damages your business may suffer. Adult Business Builders makes no warranties of any kind, expressed or implied for the Services. Adult Business Builders disclaims any warranty of merchant ability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Adult Business Builders or our employees.

AdultBusinessBuilders.com does not necessarily endorse the views expressed on created Web sites. We do not guarantee the accuracy or completeness of any information presented on these sites. Furthermore, visitors should be aware when they leave our site and to read the privacy statements and/or terms of services of any other site that collects personally identifiable information.

This file was last modified:  August 14, 2019