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Siteserver, Inc.
("The Company") agrees to furnish services to the Subscriber,
subject to the following TOS (Terms of Service).
Use of
Siteserver Service constitutes acceptance and agreement to
Siteserver's AUP
as well as Siteserver's TOS (Terms of Service).
All
provisions of this contract are subject to the TOS (Terms of
Service) of Siteserver and AUP
(Acceptable Use Policy). The AUP
may be changed from time to time at the discretion of the
Company. Subscriber understands that change to the AUP by the
Company shall not be grounds for early contract termination or
non-payment.
This Agreement shall be construed in all
respects in accordance with the laws of the state of
California, county of Ventura applicable to contracts
enforceable in that state. Venue will be Ventura County,
California
- Disclosure to Law Enforcement: The AUP
specifically prohibits the use of our service for illegal
activities. Therefore, Subscriber agrees that the Company
may disclose any and all subscriber 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 to the Subscriber.
In addition Siteserver shall have the right to terminate all
service set forth in this Agreement.
- Service Rates: Subscriber acknowledges that the
nature of the service furnished and the initial rates and
charges have been communicated to Subscriber. Subscriber is
aware that the Company may change the specified rates and
charges from time to time. Subscriber is locked into the
original signup rate and should a rate increase occur, the
raised rate will only apply to future services
ordered.
- Payment: Establishment of service is dependent
upon receipt by the Company of payment of stated charges.
Subsequent payments are due on the First of every month. You
may optionally choose to have your credit card billed on the
first of every Month. Should you discontinue our automatic
credit card billing service, you permit Siteserver to debit
the credit card on file for any services and/or fees
accumulated during the billing month. The above applies to
all accounts and services provided by Siteserver.
- Payments and Fees:Service will be interrupted on
accounts that reach 25 days past due. Service interrupted
for nonpayment is subject to a $50.00 reconnect charge.
Accounts not paid by due date are subject to a $7.95 late
fee. Accounts that are not collectable by Siteserver may be
turned over to an outside collection agency for collection.
If your account is turned over for collection, you agree to
pay the company a "Processing and Collection" Fee of not
less than $50 nor more than $150. If you desire to cancel
your account, please follow the proper procedure to do this
as outlined in this TOS.
- Refund and Disputes:All overcharges or billing
disputes must be reported within 60 days of the time the
dispute occurred. If you dispute a charge to your credit
card issuer that, in Siteserver's sole discretion is a valid
charge under the provisions of the TOS and/or AUP, you agree
to pay Siteserver an "Administrative Fee" of not less than
$50 and not more than $150.
- Failure to Pay: The Company may temporarily deny
service or terminate this Agreement upon the failure of
Subscriber to pay charges when due. Such termination or
denial will not relieve Subscriber of responsibility for the
payment of all accrued charges, plus reasonable interest and
any collection fees.
- Account Cancellation:
Virtual/Shared Hosting and EMail service cancellations must be made
in writing not more than 60 days before the billing cycle renews. The
cancellation must be received at least 5 days before your billing cycle
is scheduled to renew. Refunds will not be issued for accounts cancelled
outside of this period.
Managed Services, Dedicated Servers, and CoLocation services require 30 days
notice before your billing cycle renews.
Written notice may be EMailed to billing@siteserver.net or Mailed to:
Siteserver, Inc.
ATTN: Billing Office
PO Box
1415
Simi Valley, CA 93062-1415
You may also fax
the cancellation request to 805-579-7036. You must include
your name, account number and company name to cancel your
account.
- Subscriber acknowledges that the service provided is
of such a nature that service can be interrupted for many
reasons other than the negligence of the company and that
damages resulting from any interruption of service are
difficult to ascertain. Therefore, subscriber agrees that
the company shall not be liable for any damages arising from
such causes beyond the direct and exclusive control of the
company. Subscriber further acknowledges that the company's
liability for its own negligence may not in any event exceed
an amount equivalent to charges payable by subscriber for
services during the period damages occurred. In no event
shall the company be liable for any special or consequential
damages, loss or injury.
- New Domain Accounts: All new web hosting accounts
involving new domains will be set up and entered into our
DNS servers within 24 Hours. Due to unforeseen
complications, however, this process may sometimes require
up to 7 business days. Domain registration fees are
NON-REFUNDABLE. Please refer to our services section for
domain rates.
- Transfer of Domains: New web hosting accounts
which involve the transfer of a domain from another provider
to Siteserver, Inc. will require a minimum of 24 Hours to be
set up and entered into our DNS servers. In some cases, such
transfers may take up to Seven (7) days. Due to the
unpredictable nature of the transfer process, no guarantees
are made regarding the amount of time a specific transfer
may take.
- Support Boundaries: Siteserver, provides 24 x 7
technical support to our subscribers (except for short
company meetings when we close our support center.) We limit
our technical support to our area of expertise. The
following is our guidelines when providing support:
Siteserver provides support related to your server or
virtual site physical functioning. Siteserver does not offer
tech support for application specific issues such as cgi
programming, html or any other such issue. Siteserver does
not provide technical support for YOUR customers. If you can
email, we encourage you to email support@siteserver.net
for assistance. If you are able to get online and have other
questions, the answers may be on our home page at http://www.siteserver.net/support/ - we
encourage you to check there first. Lastly, the Help files
in the program you are using may have the answer to your
question so please do investigate these resources before
calling tech support.
- SPAM and Unsolicited Commercial Email (UCE):
Siteserver takes a zero tolerance approach to the sending of
Unsolicited Commercial Email (UCE) or SPAM over our network.
Very simply this means that customers of Siteserver may not
use or permit others to use our network to transact in UCE.
Customers of Siteserver may not host, or permit hosting of,
sites or information that is advertised by UCE from other
networks. Violations of this policy carry severe penalties,
including termination of service.
- Violation of Siteserver's SPAM policy will result in
severe penalties. Upon notification of an alleged
violation of our SPAM policy, Siteserver will initiate an
immediate investigation (within 48 hours of notification).
During the investigation, Siteserver may restrict customer
access to the network to prevent further violations. If a
customer is found to be in violation of our SPAM policy,
Siteserver may, at its sole discretion, restrict, suspend
or terminate customer's account. Further, Siteserver
reserves the right to pursue civil remedies for any costs
associated with the investigation of a substantiated
policy violation. Siteserver will notify law enforcement
officials if the violation is believed to be a criminal
offense.
- First violations of this policy will result in an
"Administrative Fee" of $250 and your account will be
reviewed for possible immediate termination. A second
violation will result in an "Administrative Fee" of $500
and immediate termination of your account. Users who
violate this policy agree that in addition to these
"Administrative" penalties, they will pay "Research Fees"
not to exceed $125 per hour that Siteserver personnel must
spend to investigate the matter. PLEASE, DO NOT SPAM from
your account.
- As our Customers are ultimately responsible for the
actions of their clients over the Siteserver network, it
is advisable that Customers develop a similar, or
stricter, policy for their clients.
- Network
- IP Address Ownership: If Siteserver assigns
Customer an Internet Protocol address for Customer's use,
the right to use that Internet Protocol address shall
belong only to Siteserver, and Customer shall have no
right to use that Internet Protocol address except as
permitted by Siteserver in its sole discretion in
connection with the Services, during the term of this
Agreement. Siteserver shall maintain and control ownership
of all Internet Protocol numbers and addresses that may be
assigned to Customer by Siteserver, and Siteserver
reserves the right to change or remove any and all such
Internet Protocol numbers and addresses, in its sole and
absolute discretion. Our allocation of IP addresses is
limited by ARIN's new policies. These new policies state
that use of IP addresses for IP based virtual hosts will
not be accepted as justification for new IP addresses.
What this means to you is that you MUST use name-based
hosting where possible. We will periodically review IP
address usage, and if we find that clients are using IP
addresses where name-based hosting could be used, we will
revoke authorization to use those IP addresses that could
be used with name-based hosting.
- Bandwidth and Disk Usage: Customer agrees that
bandwidth and disk usage shall not exceed the number of
megabytes per month for the Services ordered by Customer
on the Order Form (the "Agreed Usage"). Siteserver will
monitor Customer's bandwidth and disk usage. Siteserver
shall have the right to take corrective action if
Customer's bandwidth or disk usage exceeds the Agreed
Usage. Such corrective action may include the assessment
of additional charges, disconnection or discontinuance of
any and all Services, or termination of this Agreement,
which actions may be taken is in Siteserver's sole and
absolute discretion. If Siteserver takes any corrective
action under this section, Customer shall not be entitled
to a refund of any fees paid in advance prior to such
action. In the event that a customer exceeds the
included allocation, Siteserver may, at its sole
discretion, collect a deposit, in an amount determined by
Siteserver, against customer's credit card on file with
Siteserver.
- System and Network Security: Users are
prohibited from violating or attempting to violate the
security of the Siteserver Network. Violations of system
or network security may result in civil or criminal
liability. Siteserver will investigate occurrences, which
may involve such violations and may involve, and cooperate
with, law enforcement authorities in prosecuting Users who
are involved in such violations. These violations include,
without limitation:
- Accessing data not intended for such User or logging
into a server or account, which such User is not
authorized to access.
- Attempting to probe, scan or test the vulnerability
of a system or network or to breach security or
authentication measures without proper
authorization.
- Attempting to interfere with service to any user,
host or network, including, without limitation, via
means of overloading, "flooding", "mail bombing" or
"crashing".
- Forging any TCP/IP packet header or any part of the
header information in any e-mail or newsgroup
posting.
- Taking any action in order to obtain services to
which such User is not entitled.
- Notification of Violation:
- Siteserver is under no duty to look at each customer's
or user's activities to determine if a violation of the AUP
has occurred, nor do we assume any responsibility through
our AUP to monitor or police Internet-related
activities.
- First violation: Any User, which Siteserver determines
to have violated any element of this Acceptable
Use Policy, shall receive an email, warning them of
the violation. The service may be subject at Siteserver's
discretion to a temporary suspension pending a User's
agreement in writing, to refrain from any further
violations.
- Second Violation: Users that Siteserver determines to
have committed a second violation of any element of this
Acceptable Use Policy shall be subject to immediate
suspension or termination of service without further
notice.
- We reserve the right, to drop the section of IP space
involved in Spam or Denial-of-Service complaints if it is
clear that the offending activity is causing great harm to
parties on the Internet. In particular, if open relays are
on your network or a customer's network, or if denial of
service attacks are originating from your network. In
certain rare cases, we may have to do this before
attempting to contact you. If we do this, we will contact
you as soon as is feasible.
- Suspension of Service or Cancellation: Siteserver
reserves the right to suspend network access to any customer
if in the judgment of the Siteserver network administrators
the customer's server is the source or target of the
violation of any of the other terms of the AUP
or for any other reason which Siteserver chooses. If
inappropriate activity is detected, all accounts of the
Customer in question will be deactivated until an
investigation is complete. Prior notification to the
Customer is not assured. In extreme cases, law enforcement
will be contacted regarding the activity. The customer will
not be credited for the time the customer's machines were
suspended.
- Siteserver reserves the right to amend its policies at
any time. All Sub-Networks, resellers and managed servers of
Siteserver must adhere to the above policies. Failure to
follow any term or condition will be grounds for immediate
Cancellation. You will be held responsible for the actions
of your clients in the matter described on these Terms and
conditions. Therefore, it is in your best interest to
implement a similar or stricter Terms and conditions or
otherwise called Acceptable Terms of use policy.
- Indemnification: Siteserver wishes to emphasize
that in agreeing to the Siteserver Acceptable
Use Policy (AUP) and Terms of Service (ToS), customer
indemnifies Siteserver for any violation of the Acceptable
Use Policy (AUP) and Terms of Service (ToS) that results
in loss to Siteserver or the bringing of any claim against
Siteserver by any third-party. This means that if Siteserver
is sued because of a customer's or a customer of a
customer's activity, the customer will pay any damages
awarded against Siteserver, plus all costs and attorney's
fees.
- Inaccurate Information, Errors and Omissions:
Some information on The Siteserver Web site may contain typographical errors or
other inaccuracies, or may be incomplete or not current. Unfortunately, such
inaccurate information may relate directly to the price of a product, the
description of a product or to its availability. We reserve the right to correct
all such mistakes at any time without notice, even after an order was placed based
on inaccurate information. We apologize in advance for any inconvenience or
misunderstanding such errors might cause you. Please rest assured that on any of
our Shared Hosting products & EMail services, you may utilize our 30-day moneyback
guarantee if you are unsatisfied for any reason.
of preference.
- Miscellaneous Provisions: You must provide us
with, and keep current, good contact information for you.
E-mail, fax, and telephone contacts are used, in that order
of preference.
- A waiver by the Company of any breach of any provision
of this Agreement by Subscriber shall not operate as or be
construed as a continuing or subsequent waiver thereof or
as a waiver of any breach of any other provision
thereof.
- Subscriber shall not transfer or assign this Agreement
without the prior written consent of the Company. Company
may assign Agreement at anytime without consent from or
notice to Subscriber. Company reserves right to cancel
customers rights under this contract at anytime without
further obligation.
- Siteserver takes no responsibility for any material
input by others and not posted to the Siteserver Network
by Siteserver. Siteserver is not responsible for the
content of any other websites linked to the Siteserver
Network; links are provided as Internet navigation tools
only. Siteserver disclaims any responsibility for any such
inappropriate use and any liability to any person or party
for any other person or party's violation of this
policy.
- Siteserver is not responsible for any damages your
business may suffer. Siteserver does not make implied or
written warranties for any of our services. Siteserver
denies any warranty or merchantability for a specific
purpose. This includes loss of data resulting from delays,
non-deliveries, wrong delivery, and any and all service
interruptions caused by Siteserver.
- It is absolutely forbidden to host pornographic
content or IRC servers on Virtual Server Accounts. Virtual
Server Accounts found hosting this material will be
subject to immediate cancellation without
refund.
- Responsibility for Content: You, as Siteserver's
customer, are solely responsible for the content stored on
and served by your Siteserver
server.
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