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What is this?

The Terms of Service (TOS) are the rules and regulations that specify guidelines for using our reseller hosting services. All use of our reseller hosting 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.

Reseller Hosting Terms of Service

Site5 Internet Solutions, Inc. (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.

Site5 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: Site5 Service Agreement

Content

All services provided by Site5 Internet Solutions, Inc. 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 statue. The subscriber agrees to indemnify and hold harmless Site5 Internet Solutions, Inc. 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 Internet Solutions, Inc. 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 Internet Solutions, Inc. servers or any other server on the internet. Links to such materials are also prohibited.

Examples of non-acceptable content or links

• Pirated software
• Bulk Email related products
• Pornography/Nudity/Adult Content
• Hacking/cracking related websites
• Warez and/or copyrighted MP3s
• Illegal material or material that is against public policy
• 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 Internet Solutions, Inc. 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 without refund!

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 ten (10) days in which to either upgrade to a dedicated server or locate a new provider. This only occurs in extreme cases.

Site5 Internet Solutions, Inc. 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.

Chat Rooms

We do not allow accounts to install their own chat rooms. These tend to be large system hogs and we cannot allow it as a account option. Clients are free to use any and all of the three chat systems that come pre-installed on all accounts.

Background Running Programs (bots/daemons/monitors)

Customers are not permitted to run programs in the background on shared hosting servers. This tends to use a lot of system resources, and can impair service to other customers on that server.

Backups

Site5's reseller hosting accounts include a nightly backup service, however these backups are for Site5's administrative purposes only, and are in NO WAY GUARANTEED! Resellers and their 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.

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. We will issue a refund only for the unused portion of pre-paid service.

Note: Due to our extremely high customer satisfaction rate, we have never had to invoke this clause.

Cron Jobs

We do allow Cron Jobs to be conducted on our servers. You can setup and manage the cron jobs for your account from the "Cron" section of SiteAdmin.

IRC (Internet Relay Chat)

We do not allow IRC or IRC bots to be operated on our servers. Any account found to be in violation of this provision will be immediately suspended and/or deactivated and no refund will be issued.

Shell Access

Because of the potential for system abuse, we ask that our resellers only give shell access to those customers who they feel are trustworthy and can be held appropriately accountable for their actions. Including shell access with each account by default is poor practice, and we request that resellers refrain from doing so.

Unsolicited Email (SPAM)

SPAMing, or the sending of unsolicited email, from a Site5 Internet Solutions, Inc. server or using a return email address that is maintained on a Site5 Internet Solutions, Inc. server is STRICTLY prohibited. Using SPAM to advertise a site hosted on Site5's network also constitutes as a violation of this provision. Site5 Internet Solutions, Inc. 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 suspended and the reseller in charge of the account will be notified. In the event that one of our resellers is found SPAMming, the reseller's site will be suspended until further notice (or asked to be relocated to a new provider). Site5 reserves the right to require a reseller to discontinue hosting any account that we feel is problematic.

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

Server Abuse

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

Site5 Internet Solutions, Inc. 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 without refnud. Site5 will turn all available information about abuse incidents, including customer contact data, over to the proper authorities and press charges.

Contact Procedure

If Site5 is required to contact one of our resellers with notification of a violation on a resold account, our reseller will generally be given 48 hours to respond to our inquiry. If no response is received qithin 48 hours, Site5 will take the appropriate action required to deal with the violation. Site5 is NOT required to contact the reseller first in cases that we determine warrant quick action.

Failure to Follow Policies

Failure to fully comply with these terms is grounds for account suspension and/or deactivation (with or without refund, subject to Site5's discretion). Any accounts and/or servers contained within Site5's network must adhere to the above policies.

We reserve the right to remove any account (resold or reseller) without prior notice. If we deactivate your account for violating policy, you will forfeit your rights to a refund--and none will be given. No refunds for advanced payment. Our normal policy is a warning first, and account deactivation the second offense, but no warning is required.

Site5 Internet Solutions, Inc. 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.