Terms and Conditions Siteways :
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Siteways: Primary designer/site owner & employees or affiliates. You: The client, his or her heirs, assigns, agents and contractors. This Web Site and Agreement ("Agreement") is by and between Siteways, and You, and is effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of your use of Siteways' Web Site and Virtual Dedicated Server services (collectively, the "Services") and represents the entire agreement between You and Siteways. By using the Services, You acknowledge You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies, including the Universal Terms of Service which Siteways may establish from time to time. In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with Siteways, whether or not the transactions were in Your behalf. Siteways currently provides the Services to its customers for a monthly fee. Siteways will host Your web site on Siteways' servers. Availability of Services Subject to the terms and conditions of this Agreement, Siteways shall attempt to provide the Services for twenty-four (24) hours per day, seven (7) days per week throughout the term of this Agreement. You agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: • equipment malfunctions; • periodic maintenance procedures or repairs that Siteways may undertake from time to time; or • causes beyond the control of Siteways or that are not reasonably foreseeable by Siteways, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures. You agree Siteways has no control of availability of the Services on a continuous or uninterrupted basis. You further agree that as a normal course of its business, it may be necessary for Siteways to migrate its servers. As a result, even though You may have a dedicated IP, You may be assigned a different IP number. Siteways does not warrant that You will be able to consistently maintain Your given IP numbers. Service Availability Siteways offers a service uptime guarantee for the Services of 98.0% ("Service Uptime") of available time. Web Site Content You shall be solely responsible for providing, updating, uploading and maintaining Your web site and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through Your web site, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. Your web site content shall also include any registered domain names provided by You or registered on behalf of You in connection with the Services. You acknowledge and agree Siteways shall have the right to seek justification in connection with Your use of the Services, specifically Your purchase of IP addresses, and You shall be obligated to provide any and all information reasonably sought by Siteways pursuant to such justification. Upon the expiration of Your initial hosting service term, Your hosting service shall automatically renew for the same period of time and Your payment method shall be charged for the renewal term on the renewal date. You acknowledge and agree that in the event You do not desire to automatically renew Your hosting services for the same period of time, it is Your responsibility to contact Siteways in this case. You represent and warrant to Siteways that: 1. Your Content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation; 2. infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person; and 3. that You own Your web site content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your web site. You also warrant that the web site being hosted by Siteways will not be used in connection with any illegal activity. If You are hosting Your web site on Siteways' servers, You are responsible for ensuring there is no excessive overloading on Siteways' DNS or servers. In the event You exceed Your allotted bandwidth, compute cycles or disk space and thereby overload Siteways' DNS or servers, You shall be assessed any and all fees, costs and penalties associated with such overloading. You may not use Siteways' servers and Your web site as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and Siteways reserves the right to remove sites containing information about hacking or links to such information. Use of Your web site as an anonymous gateway is prohibited. Siteways prohibits the use of software or scripts run on its servers that cause the server to load beyond a reasonable level, as determined by Siteways. You agree Siteways reserves the right to remove Your web site temporarily or permanently from its servers if Siteways is the recipient of activities that threaten the stability of its network. You agree not to engage in unacceptable use of any Services, which includes, without limitation, use of the Services to: 1. disseminate or transmit unsolicited messages, chain letters, unsolicited commercial email, or unreasonably large volumes of email on a daily basis, provided, Siteways, in its sole discretion, may permit You, if You have a legitimate purpose and after request, to send more email than Siteways's standard SMTP relay limit; 2. disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; 3. disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; 4. create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication; 5. interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which You do not have authorization to access or at a level exceeding Your authorization; 6. disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program; 7. engage in any other activity deemed by Siteways to be in conflict with the spirit or intent of this Agreement or any Siteways policy; or 8. use Your server as an "open relay" or similar purposes. Storage and Security At all times, You shall bear full risk of loss and damage to Your web site and all of Your web site content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the Site or any of Your web site content displayed, linked, transmitted through or stored on the Server. You shall be solely responsible for undertaking measures to: 1. prevent any loss or damage to Your web site content; 2. maintain independent archival and backup copies of Your web site content; 3. ensure the security, confidentiality and integrity of all Your web site content transmitted through or stored on Siteways servers; and 4. ensure the confidentiality of Your password. Siteways' shared hosting servers are not an archive and Siteways shall have no liability to You or any other person for loss, damage or destruction of any of Your content. You shall at all times use the Services as a conventional and/or traditional web site. You shall not use the Service in any way, in Siteways' sole discretion, that shall impair the functioning or operation of Siteways' Services or equipment. Specifically by way of example and not as a limitation, You shall not use the Services as: (i) a repository or instrument for placing or storing archived files; and/or (ii) placing or storing material that can be downloaded through other web sites. You acknowledge and agree that Siteways has the right to carry out a forensics examination in the event of a compromise to Your server or account. In the event You terminate, moving Your web site off of the Siteways shared hosting servers is Your responsibility. Siteways will not transfer or FTP Your web site to another provider. In the event Your use of the Services is terminated, Siteways will not transfer or manage Your Services or Your web site content. Third-Party Software Additionally, in the event You elect to install of any third-party software, the following terms shall apply. You represent and warrant You have the right to use and install the third-party software, and have paid the applicable licensing fees for the third party software, and the third-party software does not and shall not infringe on the intellectual property rights of any other person or entity. You agree that in such an event You shall pay all resulting costs, damages, expenses and reasonable attorneys' fees that a court awards and settlements incurred by Siteways in connection with any such claims. Your use of the website and hosting from Siteways, and any dispute arising out of such use is subject to the laws of the Netherlands. |