SiteWebHosting.net (or "we", "us", "company" below), agrees to furnish services to the "Subscriber" (or the "customer", "you" below), subject to the following TOS (Terms of Service).
Use of SiteWebHosting.net Services constitutes acceptance and agreement to both SiteWebHosting.net's TOS (Terms of Service) and SiteWebHosting.net's AUP (Acceptable Use Policy). The TOS and AUP may be changed from time to time at the discretion of the Company. Subscriber understands that changes to the TOS and / or the AUP by SiteWebHosting.net shall not be grounds for early contract termination or non-payment by the Subscriber.
The initial service term of the Agreement shall begin on the date that SiteWebHosting.net generates an e-mail message to Customer announcing the activation of the Customer's account (the "Service Commencement Date") and shall continue for the duration stated in the Order (the "Initial Term"). Upon expiration of the Initial Term, this Agreement shall automatically renew for an unlimited successive renewal terms of the same length as the Initial Term (each a "Renewal Term") unless SiteWebHosting.net or Customer provides the other with written notice of non-renewal at least thirty (30) days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the "Term ."
2. Service Cancellation & Refund Policy:
A. SiteWebHosting.net issues a refund within 30 days after the first time the Subscriber has subscribed as SiteWebHosting.net's customer as specified below.
B. Service may be cancelled with 30 days via email to SiteWebHosting.net at firstname.lastname@example.org . Emailed cancellation requests must be on company letterhead to the attention of "SiteWebHosting.net Billing" and signed by the billing contact on record with SiteWebHosting.net and include the SiteWebHosting.net customer name and server IP address.
C. Subscriber will be refunded the difference between what the Subscriber has paid and what the Subscriber would have paid under the SiteWebHosting.net monthly payment terms, including domain name fees, transaction fees and any setup fees that would have applied.
D. SiteWebHosting.net will not issue refunds if the Subscriber found that has violated the Terms of Service and Acceptable Use Policy.
E. Refunds will be given at the discretion of the Company's Management.
A. All services must be paid for in advance of service delivery. Subscribers will automatically be charged an amount equal to their next monthly service fees when they exceed their monthly transfer allotments, bandwidth commitments, or other pre-paid services and the charges will be reconciled at the end of the month.
B. Monthly fees and charges for extra metered services are automatically billed to your account on the monthly anniversary of the start of service. Subscriber is responsible for monitoring transfer, bandwidth utilization, and other metered services.
C. In order to prevent service interruption in the event that metered utilization exceeds pre-paid service level Subscribers must respond to emails generated by the Sales Department requesting payment within 72 hours.
D. Customers paying by credit card are charged the first business day prior to their account due date, allowing a minimum grace period of 48 hours after the first charge attempt before their service is interrupted. Charge attempts are made once per day. It is the responsibility of the customer to maintain current billing information to prevent these fees. If a successful charge cannot be made upon final notice, service will be terminated pending customer response.
E. Customers paying by bank transfer or check must have all dues submitted prior to account due dates. Annual Payment is required in order to pay by bank transfer check. There is a $100.00 minimum transaction amount on all bank transfer transactions. Returned checks will result in termination of service and will incur a $50.00 returned check charge, in addition to any service reestablishment fees applicable in order to reconnect terminated service.
F. All invoices are due upon receipt and will be considered overdue 10 days past the date received. A late fee of 1% per month will be charged on any overdue invoices.
G. All fees described above must be paid in addition to the cost of services ordered to establish or maintain a customer account. SiteWebHosting.net does not issue refunds or credits except as explicitly specified within the Terms of Service.
4. Adherence to Acceptable Use Policy (AUP):
A. Subscriber agrees not to allow SiteWebHosting.net equipment and services to be used for activities specifically prohibited by the SiteWebHosting.net Acceptable Use Policy (AUP) posted at AUP . It is the Subscriber's responsibility to review this agreement prior to executing this contract. The AUP may be updated from time to time and it is the Subscriber's responsibility to regularly check for updates.
Subscribers must not allow SiteWebHosting.net resources to be used for SPAM or Unsolicited Commercial Email (UCE), hosting of content advertised by UCE, perpetration of security breaches or hacking, network attacks, illegal activities, child pornography, fraudulent activity, Trademark or Copyright infringement, virus distribution, and like activities.
B. Subscriber agrees to compensate SiteWebHosting.net for any expenses SiteWebHosting.net may incur resulting from Subscriber's violation of the posted AUP, including any fines, fees, legal expenses, and labor for investigation and resolution.
C. Subscriber is responsible for any activity conducted on their server, including unauthorized activity by hackers. This includes any AUP violations or bandwidth or transfer usage caused by hackers. SiteWebHosting.net will endeavor to assist Subscriber but SiteWebHosting.net is not responsible for protecting Subscribers from hackers and their actions and use of Subscriber's server.
D. SiteWebHosting.net does not monitor Subscriber content and activities but reserves the right to disable service or remove content pending investigation of possible AUP violations without first giving notice.
E. Resellers are responsible for enforcing the AUP and TOS to all of their clients. An sub-account will be suspended without prior notice to the reseller if it is found to have violated any of our terms. The reseller will also be responsible for all activities conducted by the client/sub-account. This includes but not limited to compensating any expenses SiteWebHosting.net may incur resulting from the violation.
F. SiteWebHosting.net does not issue refunds for terminating service due to any TOS or AUP violation.
5. Ownership of Data, Software, Hardware and IP addresses:
All software, hardware and IP addresses provided by SiteWebHosting.net are leased to the Subscriber and remain the property of SiteWebHosting.net. SiteWebHosting.net reserves the right to change any network infrastructure, software, hardware and IP addresses at its sole discretion.
Subscriber will provide and transmit to the system software, data and content to be uploaded to the servers and accessed by the general public via the Internet. Upon termination of this agreement, Subscriber agrees to remove all uploaded software, data and content prior to the termination date of the contract. SiteWebHosting.net will not be responsible for providing access or copies of the software, data or content stored on the system after the final termination date.
6. Service Levels:
A. SiteWebHosting.net may interrupt service to perform maintenance. SiteWebHosting.net will use its best efforts to inform Subscriber before interrupting service to insure that access loss is minimized. In the event of equipment malfunction or failure, SiteWebHosting.net will provide its best efforts to repair the system as quickly as possible.
B. Subscriber is responsible for maintaining security patches and performing back-ups unless those services are specifically contracted to SiteWebHosting.net. In the event that SiteWebHosting.net suspects that server security has been breached, SiteWebHosting.net reserves the right to disable the server in order to facilitate investigation and recovery in coordination with Subscriber.
C. Subscriber agrees that SiteWebHosting.net shall not be responsible for any service interruptions.
7. Limitation of Liability, Indemnification:
A. Upon the discovery of facts which reasonably indicate that SiteWebHosting.net has breached the terms of this agreement or otherwise failed to perform its obligations under this Agreement, been negligent, or otherwise breached legal duty, Subscriber shall promptly notify SiteWebHosting.net of such facts and follow up any such verbal notification with a written notice within 30 days of such discovery. The failure to give the foregoing notices shall constitute an irrevocable waiver of all claims and causes of action. Subscriber must commence any legal action against SiteWebHosting.net with respect to this Agreement within 12 months after the incident giving rise to the claim or cause of action, regardless of when the incident is discovered. If proper notification is given to SiteWebHosting.net as requested by Subscriber anytime during the twelve (12) month period following such notification, SiteWebHosting.net shall at its sole discretion and option (i) revise or repeat free of charge the service affected by the failure of performance, negligence or breach, or, (ii) terminate this Agreement and pay Subscriber for all incidents, problems, and/or failures up to a maximum of all sums paid to SiteWebHosting.net for service fees. Payment will be made via company check from SiteWebHosting.net. The remedies set forth in this paragraph are Subscriber's sole and exclusive remedies should SiteWebHosting.net breach the above express warranty or otherwise fail to perform its obligation under this Agreement, be negligent or in breach of legal duty.
B. The parties acknowledge and agree that SiteWebHosting.net shall not be held liable for any consequential damages, including without limitation loss of use or loss of profits, incurred by Subscriber, Subscriber's Subscriber or customer or its subsidiaries or successors, regardless of whether such damages are sustained based upon as alleged breach of contract, negligent act, or omission.
C. SiteWebHosting.net is not responsible for data or content maintained and distributed by SiteWebHosting.net facilities. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND CUSTOMER'S USE OF THE SERVICES IS AT ITS OWN RISK. SiteWebHosting.net DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SiteWebHosting.net DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
SiteWebHosting.net respects the privacy of our customers. We will never disclose/sell the email addresses, web addresses and any private information of our customers to any third party members without our customers' permissions. All email messages sent from SiteWebHosting.net will also be related to our customers' hosting accounts and our services. This policy does not apply to fraudulent orders and customers who violate our TOS and AUP.
A. No delay, failure or discontinuance (whether partial or total) of any party in exercising any right, power, privilege or remedy thereunder shall effect or operate as a waiver or any other such right, power, privilege or remedy.
B. The agreement contains the sole and entire agreement of the parties with respect to the services to be provided by SiteWebHosting.net, and any and all prior or contemporaneous communications, negotiations, commitments, and understandings related thereto are hereby merged herein.
C. SiteWebHosting.net reserves the right to amend or otherwise change this agreement by publishing the updated service agreement on the SiteWebHosting.net web site. Subscriber may reject the revised agreement and cancel service with 30 days written notice if the amended terms are not acceptable to the Subscriber.
Subscriber has reviewed the current Acceptable Use Policy and this Terms of Service and Subscriber and SiteWebHosting.net hereby agree by making use of the SiteWebHosting.net service.