The Terms of Service (TOS) set forth the terms and conditions of your use of the Hancock.Build LLC web design and hosting service and related services. In this agreement, “you” and “your” refer to you as the user of our services. “We” and “us” and “our” refer to Hancock.Build LLC. This agreement explains both our and your obligations for the various services offered by us. When you use your account, permit someone else to use it, purchase services, or renew services, you signify your agreement to the Terms of Service and all of the conditions contained in this agreement.
Modification
You agree that Hancock.Build LLC may modify the TOS and the services we provide from time to time. You agree to be bound by any changes we may reasonably make to this agreement when such changes are made. While we will endeavor to update our customers with any changes, you agree that we may make modifications without any notice to our customers.
Agreement Term
These TOS shall continue in full force and effect as long as you are a subscriber to our services.
Privacy
The Hancock.Build LLC Privacy Policy is applicable to all of our services. The Privacy Policy sets out your rights and our responsibilities with regards to your personal information.
Acceptable Use
By choosing to use Hancock.Build LLC services, you agree to the following acceptable uses and restrictions of our web design and hosting services. You understand that any violation of these acceptable uses or restrictions may result in the permeant deletion of your site and data, reporting and sharing of information with law enforcement or other agencies, and the immediate termination of our services.
- Your website may not violate the laws, regulation, ordnances, or other such requirements of Federal, State, or Local governments.
- You may not engage in any activity regarded as spam. This includes bulk email, messaging, or unsolicited bulk communication.
- You do not engage in any unauthorized access to Hancock.Build LLC internal systems.
- You do not use our service for DDOS attacks, brute force attacks, remote code execution, social engineering, port scans, and other invasive procedures both internally or externally.
- Your website may not impersonate or otherwise forge the identity of another individual or organization.
- Your website must not contain content that infringes on trademark, copyright, patent, trade secret, or other proprietary rights of any third party.
- We do not design or host websites that contain or feature any of the following content:
- Pornography or other adult content
- Content that promotes hate or misinformation
- Harmful software such as trojan horses, worms, corrupted files, or any other content or software that could cause harm to other users or systems.
- Multi-level-marketing (MLM) businesses or similar activities
- Gambling or lottery content
- Violent content or content that encourages violence
We reserve the right to refuse service to anyone upon our discretion. Any content we determine is in violation of our acceptable uses will be removed from our systems immediately and without prior notice and may lead to possible warnings, suspension, or termination of your account and services with no refund.
You agree that we have the sole right to decide what constitutes a violation of our acceptable uses described above, as well as what is the appropriate severity of any corrective action we take. Our decisions will be binding and final. Hancock.Build LLC cannot and shall not be liable for any loss or damage arising from our actions against an acceptable use violation. Any removed data or content will be permanently deleted, along with any backups, and will not be recoverable by you or us.
Storage & Security
At all times, you shall bear full risk of loss and damage to your website and all of your content. You are entirely responsible for the confidentiality of your password and website account information.
While you are using our hosting service, the server and website content are protected through best-in-class security, along with multiple redundant, and offsite backups. These measures are in-place to protect against accidental deletion, corruption, or any other data-loss event. However, you are solely responsible for your website data and will not hold Hancock.Build LLC, its officers, employees, or contractors liable for any data loss, theft, deletion, or any other circumstance that results in the loss or damage of your website data.
Ownership
You own all of your website application data and database. The WordPress CMS, themes, design, trademarks, images, video, and all other content or data are owned by you forever and always. You assume the full liability of all content on your website and will not hold Hancock.Build LLC, its officers, employees, or contractors liable for any website data.
Service Health
You agree that from time-to-time we may experience a service outage or interruption that disrupts your website or content. If this occurs, Hancock.Build LLC will notify you of the outage and provide relevant information and recovery steps.
Hancock.Build LLC does not have any service level agreement and makes no promises to uptime. You will not receive any credit or reimbursement as a result of a service outage or interruption.
Customer Support
Customer support is provided to you via email. We are unable to provide phone support at this time. Some hosting plans may receive priority support. Priority support requests are handled first before standard support requests.
Support requests will be responded to in 24 hours or less, unless otherwise noted.
Payments
All fees for the services provided by Hancock.Build LLC shall be your responsibility to pay within 30 days of invoice. Unpaid invoices over 30 days will incur additional late fees or termination of your service.
Late Payments For One-Time Invoices
Failure to pay any one-time invoice will result in a 1.5% interest charge compounded monthly on all late payments.
Late Payments For Monthly Invoices
Failure to pay any monthly subscription payment will result in your services being suspended after a period of 30 days. See the Service Suspension section for additional information.
If you have bundled payments using our BuildFlex tool, the remaining Design & Build balance will become due with a 1.5% interest charge compounding monthly.
Payment Methods
Various payment methods are available for our different levels of service:
| Payment Type | Services |
|---|---|
| Mail-in check | Design & build services Hourly support |
| ACH direct bank transfer | Design & build services One-time hourly support |
| Credit / debit card | One-time hourly support Monthly maintenance Bolt-ons Mailcraft Microsoft 365 |
Credit/debit card payments are securely handled via the my.hancock.build website and are payable by any major credit or debit card.
Service Scope
This section explains the scope of our services and what is covered under each service.
Design & Build
The following services are included in the design and build scope of a web design project. Design & Build services are typically done on a project-basis and are quoted to the client before work begins.
- Initial server setup & provisioning
- Domain registration & DNS setup
- Website design
- logo creation / design assistance
- global site design
- page and content creation
- color scheme, fonts, and media
- copywriting
- Online store setup and testing
- Site launch and testing
- WordPress orientation and site training
The Design & Build service is billed at a rate of $100 / hour. Projects are quoted to a maximum number of hours prior to work commencing.
Maintenance
Maintenance services commence after the website is completed and run on a monthly subscription until cancelled by the client. The maintenance scope comprises two different service categories, Maintenance & Support and Content Work.
Maintenance & Support
The following are included services in the maintenance scope service scope. These services are included as part of the monthly subscription fee and do not count against Content Work hours.
- 24×7 server & site monitoring for security and reliability
- Server hosting and maintenance
- Regular updating of server infrastructure and software
- Daily server and application backups
- Core WordPress and plugin updates
- Regular security updates and site scanning
- Unlimited client support
Content Work
The following are billable services in the maintenance scope and will count against included Content Work hours.
- Website design or content assistance
- New pages, or website features
- New or updated website content
- Additional site training
- Full website rebuilds or redesigns are not covered under any maintenance scope and would result in the creation of a new Design & Build project.
Included Content Work hours reset each month and do not accumulate. Once included hours have been reached within a month, the billable hourly rate is activated and charged to the customer. Hourly rates are determined by your service level.
Service Suspension
Failure to pay any monthly subscription service including, but not limited to, Maintenance Plans, h.b Email, Mailcraft, Bolt-ons, Microsoft 365 plans, etc. for a period of 30 days will result in the suspension of your services. During a service suspension, the following services will be affected:
- Any included customer support, website maintenance, and monitoring services will be suspended.
- Any domains/websites under management will be redirected to a suspended page and will not be functional.
- Mailcaft accounts will no longer be able to send campaigns or add contacts.
- h.b Email accounts will be locked out of their account. Mail will continue to flow.
- Microsoft 365 customers will no longer be able to add any new licenses.
If payment is not received within 30 days of Service Suspension, an automatic Service Termination action will be triggered.
Service Termination
Upon the termination of your service with us, Hancock.Build LLC will provide you with the following data within 30 days of service termination. During the 30 day window, your website and content may be unavailable or otherwise offline.
- Your most recent website application content and website database.
- This includes the WordPress CMS, design theme(s), and all website content.
- Any domain names transferred to us, will be transferred back to the registrar of your choice.
- A copy of your DNS records
Customers will be responsible for backing up or archiving any other email, files, or other content that may be saved as part of any Hancock.Build LLC service. All other content, domain names, DNS records, or other data we have on your account not received by you within 30 days will be permanently deleted.
No refunds will be issued for partial months of hosting if services are terminated during a billing cycle.
General Email Rules
You agree to adhere to the following rules when using any Hancock.Build Services to send email:
- All of your contacts/recipients that you are emailing with the Services must have given explicit consent to receive emails from you. This can be done when adding contacts via our dashboard or our API. We require that all contacts that you intend to send commercial bulk emails to must have been obtained via “double opt-in” measures and by using our Services you are confirming this. Our web forms use “double opt-in” subscription. For more information on this topic see some resources below:
- Do not send unsolicited email (i.e. “spam”). That means that you are not allowed to send email other than Transactional Messages (as defined in the Terms of Use) unless the recipients have validly consented to receive communications from you.
- Do not send email to purchased, rented or third-party email lists of any kind.
- Do not use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify you.
- Do not use deceptive subject lines or re-direct links to sites and pages that are not relevant to the content of your email.
- Your email must include a clear and conspicuous unsubscribe link in a form acceptable to Elastic that directs through Elastic’s hosted email platform. Each link must remain valid for at least 60 days after your email is sent, and you must not remove or disable such a link. (For more information, please visit Elastic’s unsubscribe guide).
- You must honor opt-out requests promptly (no later than 10 business days after receiving the request), and you must be able to process opt-out requests for at least 60 days after your email is sent.
- You must accurately identify yourself in your email and include your valid physical postal address and email address (or telephone number) by which you can be contacted. The information must remain valid for at least 60 days after your email is sent.
- If you send advertisements, you must clearly and conspicuously identify your email as advertisements.
- You are only allowed to have one account that receives the free emails credits that we offer. If your account is suspended or canceled, creating another account may result in cancellation.
Prohibited Email Content
You agree that you will not use the Services to send an email that contains, offers, promotes, references or links to any information or content related to the following:
- defamatory or libelous information or content;
- pornographic, sexually explicit or otherwise adult-oriented information or content;
- vulgar, obscene, profane, offensive, abusive, or threatening information or content;
- false, misleading, inaccurate or deceptive information or content;
- information or content that is discriminatory, racist, or promotes violence against any individual or group;
- information or content that infringes or misappropriates the intellectual property or other proprietary rights of any third party;
- viruses or programming routines intended to damage, surreptitiously intercept or expropriate any system, data or information;
- hacking, software piracy, spyware, surveillance, interception or descrambling equipment, phreaking, emulators, or illegal file sharing activity;
- information or content contrary to any applicable laws or regulations; or
- information or content otherwise deemed by Elastic to be unsuitable or harmful to Elastic, the Services or Elastic’s affiliates, partners, customers or users.
Mailcraft Prohibited Products & Services
- weaponry, firearms, ammunition, fireworks, or explosives;
- hazardous materials or hazardous substances;
- multi-level marketing or affiliate marketing;
- work from home, make money online and internet lead generation opportunities;
- casino or online gambling;
- foreign exchange programs and software (FOREX);
- stock trading software;
- “get rich quick” schemes;
- the loan, credit card or banking;
- pharmaceuticals;
- instant weight loss schemes;
- predatory publishing; or
- data selling services such as email lists, phone numbers, etc.
Mailcraft Account Suspension or Cancellation
If we suspect that your account is being used in contravention of this Acceptable Use Policy or otherwise in a manner that is harmful to the Services, we may restrict your access or use of your account, including by suspending or canceling your account. Here are some examples of some reasons why we might take action against your account:
- we have received a high volume of complaints regarding an email sent from your account. Complaints are tracked when recipients mark your email as junk or spam;
- your account has sent a high volume of email to invalid email addresses; or
- our internal spam prevention measures have identified email sent from your account as being in contravention of this Acceptable Use Policy.
If you wish to dispute any action taken against your account, please contact us at [email protected].
Our Terms of Service were last updated on 10/15/2024