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Siteocity.com
(referred hereinafter as 'Siteocity.com', 'Siteocity Hosting',
'our', 'we' and 'us') is a web hosting business owned and
operated by Nine Dot Systems, Inc. All accounts
on our web servers are subject to the terms and conditions
described in this document. Under the terms of this agreement,
your placement of information on our servers is an acknowledgement
that you have read, understand, and agree to be bound by terms
and conditions below.
1. User Conduct
Our services may only be used for lawful
purposes -- any use of these services which violates any laws
which may apply to Siteocity.com, your local jurisdiction,
or any jurisdiction that you or your site may be subject to
is strictly prohibited.
This means that while using the service,
you may not: Post or transmit any unlawful, threatening, abusive,
defamatory, obscene, libelous, offensive, pornographic, indecent,
profane, or otherwise objectionable information of any kind,
including without limitation any transmissions constituting
or encouraging conduct that would constitute a criminal offense,
give rise to civil liability, or violate any law. In addition,
restrict or inhibit any other user from using and enjoying
the Internet.
2. Non-permissible content
• No adult sites allowed:
We do not allow on our servers adult content or links to adult
web sites.
• No warez: We do not allow web sites
with warez, cracks, serials, etc.
• No multiplayer games: Such games
are strictly forbidden from our servers.
• Intellectual Property violations:
We do not allow content that infringes upon the intellectual
property rights of others. This includes distribution, display,
or storage of copyrighted material unless you are the author,
copyright holder or you are in possession of explicit permission
by the copyright holder.
• MP3s and other multimedia formats: You
may not use your hosting account to store or distribute such
material unless you are the author, copyright holder or you
are in possession of explicit permission by the copyright holder.
Accounts found to contain content such listed above, will
be disabled or deleted at our sole discretion without prior
notification and are not eligible for a refund.
Banned Scripts:
Users may not install the following scripts on our servers:
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Third-party chat scripts. You can only use the chat scripts
in your Control Panel.
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UBB - Ultimate Bulletin Board (all versions)
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YABB - Yet Another Bulletin Board
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Ikonboard (CGI version)
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Movable Type (Flat-file version - Berkeley DB storage)
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Greymatter
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Ultimate Toplist
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AlienForm
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FormMail
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Shell, SSH, Telnet Scripts and alternatives
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Proxy Servers
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Any script that uses & processes a large number of
flatfiles or large flatfile databases
Accounts found to contain any of the above scripts will be suspended
with no advance notice. We have this policy in place to ensure
that server resources are not monopolized by a few accounts
using the above scripts at the expense of everyone else sharing
the same server.
3. Zero Tolerance Spam PolicyWe take a zero tolerance stance against bulk email
and unsolicited e-mail, commonly known as spam. Any user who
sends out spam or bulk email will have their account terminated
without notice.
Siteocity.com reserves the right to require
changes or disable as necessary any web site, account, database,
or other component that does not comply with this policy,
at its sole discretion. Siteocity.com also reserves the
right to make any such modifications in an emergency at our
sole discretion. A processing fee of $20 per message will
apply to all spam or bulk email messages sent from our servers.
Web sites that support spam or bulk email
operations are not allowed on our servers. This includes web
sites offering email lists, email harvesting software, bulk
email software, and/or anything else that can be perceived
as facilitating the use of spam and bulk email. We reserve
the right to disable such accounts at our sole discretion
and without notification.
4. Data Backup
Siteocity.com regularly makes backup copies
of information stored on its servers for disaster recovery
purposes. Nevertheless, availability of backups is not guaranteed
and we will not be responsible for loss of customer data.
Customers are advised to make regular backups of the information
they store on our servers. Our Control Panel provides tools
that facilitate data backup and restoration.
5 . Indemnification
You agree to indemnify, defend, and hold
harmless Siteocity.com from any and all liability, penalties,
losses, damages, costs, expenses, attorneys' fees, causes
of action or claims caused by or resulting indirectly from
your use of the service which damages either you,
Siteocity.com,
or any other party or parties without limitation or exception.
This indemnification and hold harmless agreement extends to
all issues associated with your account, including but not
limited to domain name selection and Web site content.
6. Refusal or discontinuation of
service
Siteocity.com reserves the right to refuse
or discontinue service to anyone at Siteocity.com's sole
discretion. Siteocity.com may deny you access to all or
part of the service without notice if you engage in any conduct
or activities that Siteocity.com in its sole discretion
believes violates any of the terms and conditions in this
agreement. Siteocity.com shall have no responsibility to
notify any third-party providers of services, merchandise,
or information, nor any responsibility for any consequences
resulting from such discontinuance or lack of notification.
You agree that Siteocity.com has the right to monitor the
service electronically from time to time and to disclose any
information as necessary to satisfy the law, or to protect
itself or its subscribers. Siteocity.com reserves the right
to refuse to post or to remove any information or materials,
in whole or in part, that, in its sole discretion, are unacceptable,
undesirable, or in violation of this agreement.
Siteocity.com
also reserves the right to refuse refunds in cases where
Siteocity.com
believes abuse has taken place.
7. No warranties
Siteocity.com makes no warranties or representations
of any kind for the services being offered. The service is
provided on an "as is" and "as available"
basis without warranties of any kind, either express or implied,
including but not limited to warranties of title, non-infringement,
or implied warranties of merchantability or fitness for a
particular purpose. No advice or information given by
Siteocity.com
or its agents or employees shall create a warranty.
Siteocity.com
provides no warranty that the service will be uninterrupted
or error free or that any information, software or other material
accessible on the service is free from viruses or other harmful
components. Under no circumstances shall Siteocity.com be
liable for any direct, indirect, special, punitive, or consequential
damages that result in any way from your use of or inability
to use the service, or for third parties' use of the service
to access your Web space, or to access the Internet or any
part thereof, or your or any third parties' reliance on or
use of information, services, or merchandise provided on or
through the service, or that result from mistakes, omissions,
interruptions, deletion of files, errors, defects, delays
in operation or transmission, or any failure of performance.
If you are dissatisfied with Siteocity.com service or any
of its terms, conditions, rules, policies, guidelines, or
practices, your sole and exclusive remedy is to discontinue
using the service.
You understand that by placing information
on Siteocity.com' servers that such information becomes
available to all Internet users and that Siteocity.com has
no way of limiting or restricting access to such information
or protecting such information from copyright infringement.
You assume total responsibility and risk for your use of
Siteocity.com'
servers and the Internet. It is solely your responsibility
to evaluate the accuracy, completeness, and usefulness of
all opinions, advice, services and other information, and
the quality and merchantability of all merchandise provided
through Siteocity.com or on the Internet.
Your use of the service is at your sole risk.
Siteocity.com is not responsible for files and data residing
on your account. You agree to take full responsibility for
files and data transferred and to maintain backup files of
data stored on Siteocity.com servers.
You agree not to interfere with the operation
of the system. You further agree not to interfere with the
proper operation of other systems reachable through the Internet,
including any attempt at unauthorized access. You agree to
adhere to system policies as published by Siteocity.com,
including restrictions on services available with each service
type, restrictions on certain features, and all other policies.
You agree to abide by any and all future Siteocity.com policy
decisions.
8. Account-Holder Identification
Information
You agree that you as the person legally
responsible for all use of this account, are at least 18 years
of age. If you are under 18 years of age, you need to have
parental consent in order to sign up, and the account must
be ordered by a parent or guardian, in their own name. You
agree to supply Siteocity.com with a current and truthful
name, postal address and telephone number for our records,
and you have a continued obligation to keep this information
current. You also agree that you are an authorized user of
any credit card that you supply to us, and you understand
and agree that we have an obligation to fully investigate
any possible fraudulent credit card use.
9. Sharing of account space &
resale restrictions
You agree and understand that the account purchased is for
yourself. You also understand that you are the individual
solely responsible for all use of the account.
10. Payment & Other Information
You agree to supply appropriate payment for
the services received from Siteocity.com, in advance of
the time period during which such services are provided. You
fully understand that credit card purchases will be processed
by Nine Dot Systems of 2300 Swan Lake Blvd. Suite 300
Independence, IA 50644, U.S.A. You agree
that until and unless you notify Siteocity.com of your desire
to cancel any or all services received, those services will
be billed on a recurring basis. Your renewal payments will
be processed automatically and Siteocity Hosting will dispatch a
email receipt to the email address on record for your account.
You must keep your billing information updated. If we are
unable to process your renewal payment, your account will
be temporarily suspended or terminated.
11. Agreement Acknowledgement
This agreement supersedes any written, electronic,
or oral communication you may have had with Siteocity.com
or any agent or representative thereof, and constitutes the
complete and total agreement between the parties. Should any
provision of this agreement is determined to be invalid or
unenforceable, all other provisions shall remain in full force
and effect and said provision shall be reformed only to the
extent necessary to make it enforceable.
By placing and continuing to maintain or
place information on Siteocity.com' servers you are stating
and acknowledging that you have read the aforementioned terms
and conditions and that you understand such terms and conditions
and agree to be bound by them.
12. Money Back Guarantee
Each hosting plan includes a full 30-day money back guarantee.
If you are not completely satisfied with
our services within the refund time period specified for your
plan, you will be given a full refund of the contract amount
excluding overages. No refund is available after that period.
This policy does not apply to any additional services such
as overages, disk space, bandwidth, maintenance fees, etc.
Domain registration fees are not refundable.
Accounts cancelled/terminated by
Siteocity.com
for violating our Acceptable Usage Policy do not qualify for
the 30-day money back guarantee. Only first-time accounts
are eligible for a refund. For example, if you've had an account
with us before, cancelled and signed up again, you will not
be eligible for a refund. This is to protect our refund guarantee
from being abused. To receive a full refund, please submit
a support ticket using our
Helpdesk.
To report abuse or violations of these policies, please use
the appropriate contact form found in our
support
section.
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