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Legal / Terms of Service

What is this?

The Terms of Service (TOS) are the rules and regulations that specify guidelines for using our services. Use of our services is subject to these terms. Please read them carefully and ensure that you understand and agree to all parts. Use of Site5's services implies agreement with these terms!

Questions?

Any questions regarding this agreement should be sent to Site5's sales department prior to signing up for service.

Terms of Service

Site5.com (hereinafter referred to as "Site5") provides web hosting to people all around the world. We have the responsibility to protect each client and provide them with the best service possible. The following guidelines were designed to ensure that our services remain of the utmost quality. Please read very carefully before ordering and/or using Site5 services.

Service Agreement

The Site5 Service Agreement is a separate agreement between Site5 and all customers. Please make sure you are in agreement with the following points and conditions, as well as our service agreement (in its entirety) before signing up for or using Site5's services. Contact our sales department for any clarifications.

Link: Service Agreement

Resource Usage Policy

The Site5 Resource Usage Policy is an extension of the Terms of Service containing more specific utilization policies. Please make sure you are in agreement with its points and conditions before signing up for or using Site5's services. Contact our sales department for any clarifications.

Link: Resource Usage Policy

Domain Registration Agreement

The Site5 Domain Registration Agreement is applicable for all domains registered by or transferred to Site5 by a client. By registering or transferring a domain, client acknowledges their acceptance of the Domain Registration Agreement. Contact our sales department for any clarifications.

Link: Domain Registration Agreement

Content

All services provided by Site5 may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Site5 from any claims resulting from the use of the service which damages the subscriber or any other party.

Note: Pornography and sex-related merchandising are prohibited on any Site5 server. This includes sites that may infer sexual content, or Link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Site5 servers or any other server on the Internet. Links to such materials are also prohibited. Contact our sales department for any clarifications.

Examples of non-acceptable content

  • Pirated software
  • Bulk Email related products
  • Pornography
  • Hacking/cracking related websites
  • Warez and/or copyrighted MP3s
  • Material illegal under United States of America law
  • Sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, or anything else that may be considered detrimental or illegal.)

Site5 will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to deactivate and remove any site at any time for any reason.

Copyright Violations

Site5 will respond to all reports of infringement that are formatted in accordance with the Digital Millennium Copyright Act and any other applicable copyright laws. Notices of infringement that do not comply with this act will not be processed. We will act in accordance with the DMCA when handling infringement reports.

System Resource Usage

If Site5's system administration team determines that an account is utilizing an unacceptable amount of system resources, Site5 may temporarily deactivate the account in question. If Site5's staff deems necessary, an eviction notice may be sent to the customer of an offending account providing them with seven (7) days in which to either upgrade to a VPS or other hosting solution as recommended by Site5 staff or locate a new provider. This only occurs in extreme cases; Site5 will do all it can to assist customers prior to this scenario.

Site5 will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually.

Link: Resource Usage Policy

Backups

Site5 performs nightly backups of shared and reseller servers; however, these backups are for Site5's administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. Site5 does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on Site5's part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.

Unsolicited Email (SPAM)

SPAMing, or the sending of unsolicited email, from a Site5 server or using a return email address that is maintained on a Site5 server is STRICTLY prohibited. Using SPAM to advertise a site hosted on Site5's network also constitutes as a violation of this provision. Site5 will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately deactivated.

For anyone intentionally spamming on our systems, we reserve the right to bill them at rate of $90/hour for any cleanup, research, and related work from their illegal activities.

Help us STOP SPAM! Please email our abuse department immediately to report a violation of our SPAM policies.

Support Abuse

At Site5, we always treat our customers with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given ten (10) days notice to find a new host.

Server Abuse

Any attempts to undermine or cause harm to a Site5 server or customer of Site5 is strictly prohibited.

Site5 will be the sole arbiter as to what constitutes a violation of this provision. Accounts found in violation of this provision will be subject to immediate account deactivation. Site5 will turn all available information about abuse incidents, including customer contact data, over to the proper authorities and press charges.

Cancellation

Cancellations are processed by our Billing department; hours for Billing can be found here. To cancel an account, a cancellation request via Backstage must be submitted. The following information is required when completing a cancellation request in Backstage:

  • Primary domain name on the account
  • Answers to your two selected security questions
  • Verification that you have downloaded a backup of all necessary files

The above information is required for the protection of all customers to ensure only account owners are able to cancel accounts.

Money Back Guarantee and Refund Policies

The 45 Day Money Back Guarantee applies to the following services only:

  • Shared Web Hosting
  • Shared Cloud Web Hosting
  • Reseller Hosting
  • Reseller Cloud Hosting

A 15 Day Money Back Guarantee applies to the following services only:

  • Managed VPS Hosting
  • Unmanaged VPS Hosting
  • Cloud VPS Hosting

The 15 or 45 Day Money Back Guarantee does not apply to nor are refunds available for the following services:

  • Semi-Dedicated Hosting
  • Managed Dedicated Servers
  • Unmanaged Dedicated Servers
  • Domain Name Registrations/Transfers/Renewals
  • IP Addresses
  • Add-Ons such as WHMCS

Note that the 15/45 day period ends exactly 15/45 days from the day on which account was originally activated (not the day the order was placed). It is not valid towards account renewals. The Money Back Guarantee is VOID if your account violates our Terms of Service, Service Agreement, or any of our policies in place. Setup fees are non-refundable. External services, such as but not limited to, dedicated IP addresses, installation charges, WHMCS licenses, etc., are non-refundable.

Outside of the Money Back Guarantee, Site5 has a no refund policy. However, on a case-by-case basis and at its sole discretion, Site5 may award a pro-rated refund to a client.

Failure to Follow Policies

Failure to fully comply with these terms is grounds for account suspension and/or deactivation. Any accounts and/or servers contained within Site5's network must adhere to the above policies.

We reserve the right to remove any account without prior notice. Our normal policy is a warning first, and account deactivation the second offense, but no warning is required.

Site5 reserves the right to deactivate and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable or contraindicated.

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