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Terms & Conditions

When it comes to the T's and C's, they are extremely important. We want you to be fully aware of all the terms and conditions outlined within this section. So please, make sure you read through them and if you have any further questions, please make sure you get in contact with us and we'll be glad to assist you further.

This Agreement (the "Agreement") comprises the terms and conditions ("the Conditions") that govern the provision of the Services, as defined below, to the clients (the "Client" or "Clients") of SiteServing LLC, a Virginia limited liability company whose registered office is 3126 W Cary St. #413 Richmond, VA 23221 (the "company").

The Conditions, as defined below, explain the company's responsibilities to the clients and the client's responsibilities to the company and to other users of the Internet. The conditions in particular outlines what the company considers to be unacceptable use of the internet by its clients and is necessary in order to enable the company to take appropriate steps against abusers of the internet.

Definitions:

Account Ownership. Clients are to possess full control of the account until such time as they cancel or this agreement is terminated for any reason.

Acceptance Email. The company is not obligated to accept any client until such time as the company transmits an acceptance email acknowledging service.

Additional Services. The company provides additional services such as the "Extended Services" or any other service at the sole discretion of the company and the company is not obligated in anyway to accept or otherwise render additional services.

Agreement. The agreement does not commence until both parties have exchanged valid information pertaining to billing data, contact data, and the company has accepted the client with an acceptance email.

Agreement Date. The agreement date is set when the acceptance email has been issued to the client by the company.

Client. Clients are defined as an individual person or entity or company whose information is provided to the company in the order process.

Backup Data. Unless the company has expressly in writing agreed to the contrary, clients are solely and entirely responsible for their data. company is not responsible for management and backup of client data, updates, upgrades, or any form of patches to any software that the client uses in connection with the services provided by the company. clients should take proper steps to maintain up to date backups of data at all times.

Fees. The client agrees to pay all Fees relating to services provided by the company which are indicated in the order process and displayed at http://www.siteserving.com.

Late Fees. Fees that the client is responsible for paying if the client doesn't pay his/her invoice up to five (5) days past the invoice due date. Late fees can vary based upon type of service that the client has purchased from the company and are subject to change with/without notice by the company.

Free Billing System: Under this promotional offer, the company provides the choice between two billing systems (WHMCS or ClientExec) to the client based upon the type of service plan chosen by the client during initial signup. Only the following services are applicable under this promotion: Dedicated Server(s), Virtual Private Server(s).

Network Transfer. The network transfer is indicated in the client control panel. The company cannot be held accountable for the accuracy of this as this is only a computerized estimate on the amount of network transfer. Clients agree to pay any overages that they may have utilized during a month.

Service. The company's services include, but are not limited to:

  • Any act of setting up, starting, setting up, connecting, maintaining, and preparing clients accounts, including all billing data, and space on the server provided by the company
  • The use by clients or members of clients that access was provided to by the company, of software, hardware, telecommunications, information and not limited to any other materials provided clients by the company.
  • Any act of service by the company to clients, relating to domain name registration, web hosting, including but not limited to technical support, and server usage regardless of the duration and status of the account.
  • Any access or use related to the company's site, including the website itself.
  • Any other service provided by the company to clients, whether utilized or not.

Term. The duration of time chosen by the client when the client signs up for services at http://www.siteserving.com web site.

Upgrades. This means an upgrade to services by making available to the client additional website storage and data transfer limits to meet the predefined packages offered by the company. This plan upgrade may contain fees, which are associated with the upgrade.

Space Limit. The space limit is associated with the amount of space that was initially chosen by the client for services started on the agreement date.

Constitution of Contract:

For the avoidance of doubt, the terms of this agreement are not binding on the company unless and until the company sends confirmation of it's acceptance to the client in the form of the acceptance email.

The company may change the conditions at the sole discretion of the company. In such an event, the company will give reasonable notification by providing a revision date on the newly posted conditions on the company's web site. It is the responsibility of the client to regularly check for any such updates. Following such notification, if the client does not wish to accept such changes, the client may terminate the agreement at any point within twenty-four hours of notification of the change by providing written notice of termination to the company. If the client continues to use the services more than twenty-four hours following any changes having taken effect, such use of the services will be deemed to constitute acceptance of any changes and the client will be bound by any new terms for the remainder of the term.

The company and client agree that the company is solely acting as an Internet service provider in its capacity of providing services hereunder, is not a publisher of any material or information, and has no right to edit or censor the material at the server level in use by the client. The company is not responsible nor pre-approves any of the client's web site content. All material submitted by client for publication will be considered publicly accessible. The company's publication of material submitted by client does not create any express or implied approval by the company of such material, nor does it indicate that such material complies with the terms of this agreement.

The company cannot and does not take any responsibility for the security of information transmitted over the company's facilities. Additional details on privacy and the company's use of client information can be found in the company's privacy statement located at: http://www.siteserving.com/company/privacy.php

Important

Client Liabilities:



The client represents that it has the power and authority to enter into this agreement and that in using the services it will comply with this agreement, any applicable legislation or license and, in particular, applicable data protection legislation.

The client is responsible in all respects for the content of the client web site and hereby asserts that the pages displayed on the client web site do not and will not violate any applicable law or the trademark, copyright, or other intellectual property rights of any third party, and that it shall at all times comply with the provisions of this agreement.

The client is responsible for keeping all identification details, password details and other confidential information relating to the Services safe and secure and will notify the company immediately of any unauthorized use of the services or any breach of security, loss, theft or disclosure of and identification details, password details or confidential information.

The client shall obtain and be responsible for obtaining and complying with all necessary permissions or consents in respect of any works that it includes on the pages of the client web site. In addition, the client warrants to the company that by using the services and by hosting the client web site, neither the client nor the company respectively will be infringing any third party intellectual property rights.

When submitting an order, the client shall provide the company with accurate current contact information including but not limited to the full legal name, street address, email address, and telephone number where the service will be received. The client must keep the company advised of any other relevant contact details (including email addresses) which may be necessary in order that the company can easily notify the client of information concerning the services.

Other than where, as part of the services, the company has agreed to provide backup services, the client is solely responsible for backup of its own files. The Client is solely responsible for maintaining their data and will not hold the company accountable for any data loss.

THE COMPANY SERVERS MAY BE USED FOR LAWFUL PURPOSES ONLY. THE CLIENT UNDERTAKES AND WARRANTS TO THE company THAT IT WILL ONLY USE THE ASSIGNED WEB SPACE FOR LAWFUL PURPOSES. TRANSMISSION, STORAGE, OR DISTRIBUTION OF ANY INFORMATION, DATA, OR MATERIAL IN VIOLATION OF ANY APPLICABLE LAW OR REGULATION, OR THAT MAY DIRECTLY FACILITATE THE VIOLATION OF ANY PARTICULAR LAW OR REGULATION IS PROHIBITED. THIS INCLUDES, BUT IS NOT LIMITED TO: COPYRIGHTED MATERIAL; TRADEMARKS; TRADE SECRETS OR OTHER INTELLECTUAL PROPERTY RIGHTS USED WITHOUT PROPER AUTHORIZATION; MATERIAL THAT IS OBSCENE, DEFAMATORY, CONSTITUTES AN ILLEGAL THREAT, OR VIOLATES EXPORT CONTROL LAWS. ADDITIONALLY, IN PURCHASING THE COMPANY'S SERVICES, CLIENTS CERTIFY THAT THEY AND/OR THE ORGANIZATION THEY REPRESENT IN PROCURING SERVICES FROM THE COMPANY ARE NOT, NOR HAVE BEEN DESIGNATED, A SUSPECTED TERRORIST AS DEFINED IN EXECUTIVE ORDER 13224; ARE NOT OWNED OR CONTROLLED BY A 'SUSPECTED TERRORIST' AS DEFINED IN EXECUTIVE ORDER 13224; AND ARE NOT ON, ARE NOT A MEMBER OF, RELATED TO, ASSOCIATED WITH, OR CONTROLLED BY ANY ORGANIZATIONS ON THE LIST CONTAINED IN THE ANNEX TO EXECUTIVE ORDER 13224 AND ALL UPDATES THERETO.

Spamming:

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to the company's clients. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on the company's server(s), and selling or distributing software (on a web site residing on the company's server(s)) that facilitates spamming. Violators will face an immediate $150.00 penalty and service suspension. The company reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation, the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a news group posting.

Chat Protocols:

Clients may not install any type of chat protocols, including but not limited to IRC, AIM, MSN or any other means of Instant Messaging services, on the company's web hosting services.

Service Platforms:

The company is not responsible for the upkeep of Virtual Private Servers (VPS) and Dedicated Servers, unless otherwise stated.

If client turns the functioning VPS into an un-functioning VPS by installing or modifying the VPS from its original state (how it was first provided), client will be responsible for all further upkeep and functionality of the VPS. Additionally, if client is unable to resolve the issue, client may contact the company for basic troubleshooting assistance which maybe deemed as billable services.

The company may disable any VPS on any node, without prior notice or warning, in the event that the VPS is causing load problems, as determined by the company in its sole discretion.

On shared hosting platforms, client is strictly forbidden from installing compilers, root kits, and/or other devices used to disrupt or impair services rendered by the company. Violations may result in suspension or termination without the possibility of a refund, at the sole discretion of the company.

Viruses:

Use of the company's services or equipment for creating or sending Internet viruses, worms or trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any client to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the company's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

DMCA:

The DMCA sets forth the law regarding the use of copyrighted materials on the Internet. Individuals or entities submitting notifications of copyright infringement by the company's client (per the DMCA) to the company must follow the below procedures. Copyright infringement notifications submitted to the company according to these procedures will be processed within 21 days of receipt. Clients who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at the company's sole discretion.

DMCA Copyright Infringement Notification Requirements:

  • Signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "claimant").
  • Identification of the copyrighted work(s) claimed to have been infringed
  • Identification of the material claimed to infringe the copyright(s), and enough information for the company to locate it including URLs and specific descriptions of the infringing material at each URL.
  • The claimant's name, address, and telephone number(s).
  • A statement that the claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
  • A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the claimant is authorized to act on behalf of the copyright owner.
  • Mail the notification to:
  • SiteServing LLC
    Legal Department – DMCA Abuse
    3126 W Cary St. #413
    Richmond, VA 23221
    United States of America
  • Email correspondence pertaining to DMCA issues can be held by emailing: dmca@siteserving.com

Company's Rights and Obligations:

The company shall use reasonable endeavors to perform the services and shall, as soon as reasonably practicable following receipt of an order, provide the client with a user identification and password for the web space and web site support toll-free and tolled number. The company accepts no liability in respect of any loss incurred as a result of disclosure of the clients' password.

The company gives no warranty that access to its server(s) and the client's web site shall be uninterrupted or error-free. For the avoidance of doubt, any standards relating to the availability of the services contained in the standards of service are targets. While the company shall use reasonable endeavors to achieve the targets, any failure by the company to achieve the targets shall not constitute a breach of contract. The company accepts no liability for any loss whatsoever suffered by the client in the event that the services are interrupted, are not error free, or if the company fails to achieve any targets as setout in the standards of service.

During the term of the agreement, the company shall make web statistics available to the Client. The company shall use reasonable endeavors to ensure that the web statistics are accurate but the company accepts no liability for any loss whatsoever, suffered by the client, as a result of its reliance on the content of the web statistics.

By submitting an order the client provides the company with certain personal information or data. It is the responsibility of the client to keep the personal data provided to the company up to date. The company will handle all personal data as set forth in the company privacy policy located at: http://www.siteserving.com/company/privacy.php

The client may be subject to a standard credit check and/or any other form of validation as seem deemed needed by the company. The information that the client provides may be disclosed to a licensed credit reference agency which will retain a record of the search, and the client authorizes the company to make such disclosures.

Transfer & Data Limits:

When submitting an order, the client must select the type and level of services which it requires. Depending on the type and level of services selected, the client is subject to an appropriate web space limit, data transfer limit and in certain circumstances a database capacity limit ("the limits"). In the event that the client, during the term, exceeds its allocated limits, the company shall be entitled to do the following, in its sole discretion:

Where the client is exceeding any or all of the limits the company shall inform the client of this by email ("Initial Email"). The Initial Email shall request that the client rectify the situation by either complying with the limits or by requesting an upgrade within a period of seven (7) days from the date of the Initial Email. In the event that the client fails to request an upgrade and continues to exceed the limits at the end of the seven (7) day period, the company may automatically apply an upgrade to the Client's services at the company. Such upgrade will occur no sooner than seven (7) days following the date of the Initial Email. Once an upgrade has been made the client will pay any additional fees to the company as applicable.

Where the client is exceeding either the web space limit or the database capacity limit, the company shall be entitled to limit the account. The client will be notified of such limitations by email. Following such limitation, the client shall contact the company to advise whether it wishes to request an upgrade or remedy the situation by complying with either the web space limit or database capacity limit. During any such period of limit and for the remainder of the term, the Client will be liable to pay to the company all fees due.

The company strongly prohibits storage of content that is not "web" related. Excessive usage of hosting accounts for purposes such as; anime, manga, movies, mp3's, torrents and/or file downloads, will result in account suspension or termination without refund.

The client may not use the companies shared hosting accounts for upload sites. Upload sites cause stress on the servers, which can result in issues (such as service failure(s)) for other clients. If a client desires to have an upload site (such as imageshack.com), then the client will need to use a VPS or a similar type of service, where he / she is isolated from other clients on the server.

The client understands that certain services provided by the company are metered, unless otherwise stated on the company's website. The client further understands that the company will provide three unique messages informing the client about their bandwidth usage. Upon receiving the third and final message, the client may find that the company's services have been temporarily suspended for exceeding resource usage.

The client may remedy this issue by contacting the company and arrange for the extension of bandwidth necessary until the next billing cycle. The company will provide an invoice based upon the daily usage for the prior thirty (30) days average usage. The company will bill the client at a rate of $0.35 cents per GB in excess of the monthly transfer allocation.

Financial Provisions:

The client shall pay to the company service fees based upon the term that was selected during the checkout process. Payment will be due on the date as specified on the invoice or in the case of payment by credit card or direct debit, such date as advised to the client by the company ("Anniversary Date").

All charges of the company are exclusive of any taxes, for which the client shall be additionally liable at the applicable rate from time to time. If any federal, state or local governmental entity with taxing authority over the services provided under this agreement imposes a tax directly on the services provided by provider to client under this agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then the company may pass the direct amount of such cost on to client, and client shall promptly pay such cost.

If payment is not made on the anniversary date, the company shall be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount both before and after any judgment at the highest legal rate allowed, and such interest shall accrue from the anniversary date until the outstanding amount is paid in full. The company shall also be entitled to recover all of its costs of collection including, but not limited to, attorneys fees. The company shall be entitled to review the fees, from time to time, and shall notify the client of any increase in the fees. Following such notification, the client shall be entitled, within 7 days of such notification, to terminate the agreement with immediate effect. Any use of the services by the client following such notification will deemed to be acceptance of the new fees and will act as a waiver of the client's right to terminate.

In the event that any additional / extended services are provided to the client, the client shall be obliged to pay any increased fees which shall be applied from the date that such extended / additional services are provided.

Important

Money Back Guarantee:



The company provides a money back guarantee for new service registrations, subjected to the following terms and conditions outlined below:

  • Nonrefundable Fees: Fees paid by the client in connection with the purchases of SSL certificates, domain registrations, domain privacy (Whois privacy), are considered nonrefundable.

  • Timeframe form Money Back Guarantee based upon service type: The client understands and agrees that the money back guarantees are subjected to different timeframes based upon the service(s) provided. Client agrees and concurs with the below mentioned time limits for exercising the money back guarantee:

    • Web Hosting – 45 calendar days from service activation
    • Hosting Licenses - 30 calendar days from service activation
    • VPS Hosting – 15 calendar days from service activation
    • Dedicated Servers – 5 calendar days from service activation

  • Cancellation within the Money Back Guarantee Period:  In the event the client cancels the services prior to the expiration of the applicable money back guarantee period (see above), the client will receive a full refund of all fees paid in connection with the service activation, minus any non-refundable fees outlined in the prior sections.

  • Cancellations after the expiration of the Money Back Guarantee: The client may cancel their service at anytime, before or after automatic account renewal. If a client chooses to cancel their account after such time, a pro-rated refund will be provided for the unused portion of the service, minus any non-refundable fees outlined in the paragraphs above.

    Notice of cancellation: The client agrees to direct all cancellation requests to the company, by filling out the companies cancellation form located at: https://my.siteserving.com/service-cancellation-process/ upon filling out this form, in its entirety, the clients refund will be processed (if applicable) and services will be deactivated.

Domain Names:

Where the service includes registration of one or more domain names, the client agrees to be subject to the company's domain names registration service conditions of use. Throughout the course of service rendered to client by the company, client will remain the full owner and controlling entity for the client's established domain name. Registration and modification of domain name status, including name server location, is handled by independent domain name registrar.. The company reserves the right to amend and/or update the domain names registration service conditions of use from time to time. A copy of the current version of the domain names registration service conditions of use is available on the company web site.

Where the service includes the web commerce service, the client agrees to be subject to the company's web commerce service terms and conditions. The company reserves the right to amend and/or update the web commerce service terms and conditions from time to time. A copy of the current version of the web commerce service terms and conditions is available on the company's web site. The client also understands that newly registered domain names are not transferrable for sixty (60) days after initial registration.

Company's Remedies:

In the event that the client's web site is in breach of this agreement, the company shall, in its sole discretion, be entitled to:

Suspend or bar access to the client's web site until any breach is remedied or the client pays any outstanding fees or for such reasonable period as the company considers fit; and

Remove all or any part of the client's web site from the company's server and/or delete all or any data, files or other information that is stored on the server on which the client's web site is stored.

During the term of this agreement, the company reserves the right (in its sole discretion and without prior notice) to suspend use by the clients of any component part of the Service which may be having a detrimental effect on the Services or/and on the network as a whole or adversely affect other the company's clients.

Indemnification:

The company does not give any warranty, guarantee or other term as to the quality, fitness for purpose, or otherwise of any goods or other services supplied by a third party, but shall, where possible, assign to the client the benefit of any warranty, guarantee or indemnity given by the person supplying the goods or services to the company.

THE COMPANY SHALL HAVE NO LIABILITY TO THE CLIENT FOR ANY LOSS, DAMAGE, COSTS, EXPENSES OR OTHER CLAIMS FOR COMPENSATION ARISING FROM THE PROVISION OF SERVICES TO CLIENT OR ANY EXERCISE OF THE COMPANY'S RIGHTS OR REMEDIES UNDER THE AGREEMENT INCLUDING WITHOUT LIMITATION:- (1) THE SUSPENSION OF ACCESS TO THE CLIENT'S WEBSITE (2) THE DELETION, CORRUPTION, LOSS OR REMOVAL OF DATA, FILES OR MATERIAL STORED ON THE CLIENT'S WEBSITE (3) THE REMOVAL OF THE CLIENT'S WEB SITE FROM THE SERVER; (4) ANY ACTIONS TAKEN BY THE COMPANY ON INSTRUCTIONS SUPPLIED BY THE CLIENT WHICH ARE INCOMPLETE, INCORRECT, INACCURATE, ILLEGIBLE, OUT OF SEQUENCE OR IN THE WRONG FORM, OR ARISING FROM THEIR LATE ARRIVAL OR NON-ARRIVAL; OR (5) ANY OTHER FAULT OF THE CLIENT (6) LOSS OR DESTRUCTION OF DATA FROM THE USE OF EMAIL AS PART OF THE SERVICES.

Client agrees to protect, defend, hold harmless, and indemnify the company, any third party entity related to the company (including, without limitation, third party vendors), and the company's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as the company, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the client's use of the company's services.

To the maximum extent permitted by applicable law, in no event, and under no theory of law or equity, will the company (including, without limitation, the company's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, co-subsidiaries with the same parent company as the company affiliates, third-party providers, merchants, licensors, or the like) or anyone else involved in creating, producing, or distributing the company's services, be liable for the loss of a domain name, or any business or personal loss, revenues decrease, expenses increase, costs of substitute products and/or the company services, or any other loss or damage whatsoever, or for any consequential, special, incidental, punitive or indirect damages of any kind arising out of any use of, or any inability to use, any of the company's services even if the company has been advised of the possibility of such damages. The company's total cumulative liability, if any, to client, or any third party, for any and all damages, related to this agreement, the company's services, including, without limitation, those from any negligence, any act or omission by the company or the company's representatives, or under any other theory of law or equity, will be limited to, and will not exceed, the actual dollar amount paid by the client for the services which gave rise to such damages, losses and causes of actions during the 3-month period prior to the date the damage or loss occurred or the cause of action arose.

Termination:

The agreement shall continue in force for the term selected by the client during the checkout process. If the client wishes to cancel the web hosting services, the client is requested to fill out the cancellation form located at: https://my.siteserving.com/service-cancellation-process/

Either party shall be entitled forthwith to terminate this agreement by written notice to the other if:

That other party commits any breach of any of the provisions of this agreement and, in the case of a breach capable of remedy, fails to remedy the same within thirty days after receipt of a written notice giving particulars of the breach requiring to be remedied; or an encumbrance takes possession or a receiver is appointed over any of the property or assets of that other party; that other party makes any voluntary arrangement with its creditors or becomes subject to an administration order; that other party goes into liquidation or becomes bankrupt; the other party ceases or threatens to cease to carry on business or anything analogous to the foregoing under the law of any applicable jurisdiction occurs in relation to that other party.

Upon termination of the agreement for whatever reason, the company shall delete all of the client's data from its server without any liability whatsoever.

Termination of the agreement shall be without prejudice to any other rights or remedies a party may be entitled to hereunder or at law and shall not affect any accrued rights or liabilities of either party nor the coming into or continuance in force of any provision on or after such termination.

Upon termination of the agreement for whatever reason all due or outstanding Fees and expenses owed by the client to the company shall forthwith become due and payable, unless otherwise indicated.

The client understands that upon reactivating an account with the company for the second time the client is no longer eligible for a refund. For example, if you had an account with the company before, cancelled and signed up again, you will not be eligible for a refund. The same rule applies to multiple accounts that you may have with us.

The client understands that if he / she have purchased a domain via the company, and are canceling the account prior to the completion of one (1) year of service that the company has the right to charge the client $14.95 for the domain name and refund the residual funds, if any, in the account.

The client understands that violation of any provision of this TOS (Terms of Service) agreement will waive the refund policy and possible future service.

Important

Miscellaneous:



This Agreement constitutes the entire agreement between the parties as to the subject matter of the agreement and supersedes all prior oral or written agreements, understandings or arrangements between them relating to the provision of the Services.

The company shall not be liable to the client for any loss arising from or in connection with any representations or undertakings made prior to the agreement date.

If any provision of this agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of the agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. The parties hereby agree to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid or unenforceable provision.

The client shall not be entitled to sell, lease, sub-license, assign or transfer the agreement nor all or any of its rights and obligations hereunder without the prior written consent of the company.

The company reserves the right to assign or sub-contract any or all of its rights and obligations under this agreement without the client's consent.

The waiver by either party of a breach or default of any of the provisions of the agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the part of either party to exercise or avail itself of any right power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the other party.

In the event of there being a conflict between the terms of this agreement and the terms of a separate web hosting agreement entered into by the company and the client the separate web hosting agreement shall take precedence. Where an order has been submitted online, in the event of a conflict between the terms of the acceptance email and the terms of the order form, the order form shall take precedence.

The company does have and maintains resource usage policies. To view the company's resource usage policy, please use the following link: http://www.siteserving.com/company/resource-usage-policy.php.

Nothing in this agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between the company and its clients. Each of the company and its clients will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

The company will not be liable for delays in its performance of the agreement or the company services caused by circumstances beyond the company's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). The company will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of clients for the payment of money due.

Any waiver, modification, or amendment of any provision of this agreement or other agreement for the company's services, initiated by a client, will be effective only if accepted in writing and signed by an authorized representative of the company.

The client understands that account downgrades are charged a fee of $9.95 per downgrade. This $9.95 fee is non-refundable and is paid as an account administration fee.

The client agrees and consents to being auto-enrolled into promotional mailing by the company upon signing up for any of the services offered by the company. Furthermore, the client understands that they are able to unsubscribe at anytime from the company's mailing by using the using the "unsubscribe" link. The "unsubscribe" link is contained at the bottom of any of the company's promotional notifications.

Notice:

All communications with respect to the agreement shall be in English and in the case of a notice addressed to the company, shall be delivered by hand or sent by first-class post to the company at its registered office address. In the case of a notice addressed to the client, it shall be delivered to such address as provided to the company by the client by first class post, by facsimile transmission or sent by electronic mail. Communications shall be deemed to have been received within two business days (if sent by first-class mail) and on the day on which a facsimile transmission or electronic mail is sent or on the date of service in respect of a notice delivered by hand.

Important

Order Process:



The client understands that company will collect information relevant to the hosting purchase. The client also understands that the company will fraud screen every order to ensure it is a valid hosting purchase. The company will be the sole arbitrator that decides whether an order is accepted or not. During the checkout process the client understands that the company has the right to record the Client's IP address and any other information that is needed to ensure a successful order is placed.

The client agrees and understands that if the client enrolls in the company's "free billing system" promotion, that the client must activate the billing system license within ninty-six (96) hours from initial signup. If the client fails to activate the license within the aforementioned timeframe, or the license is being used on another providers IP range, that the client will be billed automatically at the monthly rate of $4.95/mo until license cancellation or appropriate usage, whichever comes first. Additionally, the client understands that fees charged under this promotion are not refundable. Furthermore, the client understands that the company has the right to revoke such promotional offers to any client at the company's sole discretion.

Governing Law and Jurisdiction:

This agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without reference to its conflicts of law provisions. The company and the client hereby irrevocably submit to the exclusive jurisdiction of the courts of the Commonwealth of Virginia. Venue for any legal proceedings hereunder shall be in the court of jurisdiction in either the County of Henrico, Virginia or the federal courts of the Eastern District of Virginia at Richmond, Virginia. If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys' fees and costs incurred in the proceeding from the non-prevailing party, as well as any reasonable attorneys' fees and costs that the prevailing party incurred prior to commencing the proceeding.

Construction and Interpretation:

Wherever in this Agreement the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the agreement into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the agreement. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the Agreement.

Hosting Licenses:

The client agrees to the following terms and conditions pertaining to any/all hosting licenses purchased from the company, and/or any of the company's affiliates:

Property Rights: The service of the company and any third party are protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Client further agree not to reproduce, duplicate or copy content without the express written consent of company, and agree to abide by any and all copyright notices displayed by company or any third party.

Content: Company services, whether owned, licensed, leased or re-sold by company, are provided only for authorized Client use pursuant to the express terms of this notice and all other notices from this company and/or third parties. The company is the primarily a reseller of third party licenses, services, applications, programs, and content. Company's service may contain features and functionalities that may link Client or provide Client with access to third party content which is completely independent of company, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions the third parties are solely between Client and such organizations and/or individuals. Client should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

Client agrees that company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, Client understands and agrees that company is under no obligation to become involved. In the event that you have a dispute with one or more third parties, Client hereby release company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

All services provided by company may only be used for lawful purposes. Use of company's services to infringe upon any copyright or trademark is prohibited. Company reserves the right to refuse service to anyone and to amend this notice at anytime.