1. Services

Subject to the terms of this Agreement, SiteHosting agrees to provide web hosting services described in the Order for the fees stated in the Order.

2. Term

The Agreement's initial term starts upon SiteHosting's email notification confirming the activation of the Customer's account (the "Service Commencement Date") and continues for the period specified in the Order (the "Initial Term"). Upon the Initial Term's expiration, this Agreement automatically renews for a duration identical to the Initial Term (referred to as a "Renewal Term"), unless either SiteHosting or the Customer provides a termination notice at least 7 days before the Initial Term or ongoing Renewal Term ends. Collectively, the Initial Term and any Renewal Term are referred to as the "Term."

3. Payments

(A) Recurring Fees

Renewal reminders are sent via email 7 days before the actual renewal date in the Customer's account. For those with a credit card on file, it will be charged automatically 2 days before the renewal notice. PayPal users must manually pay monthly invoices. Payments for services are non-refundable beyond the initial 7-day refund window. Accounts with unpaid fees 7 days past due will be deactivated. The term "Account" covers services under a Customer's primary ownership email and address. SiteHosting reserves the right to withdraw this grace period for late payments if consistent late payments occur or if the payment method is labeled as "other." Credit card orders should process on the monthly renewal date. Accounts inactive due to non-payment incur a $10.00 late payment fee, while terminated accounts require a $10.00 restoration fee after settling overdue invoices.

(B) Payment Terms

SiteHosting offers various payment terms with increasing discounts. Payments to SiteHosting are non-refundable after the initial 7 days of service. Within the first 7 days of Quarterly, Semi-Annual, or Yearly services, conversion to a Monthly subscription is possible, with the remaining balance refunded. After 7 days, requests to change payment terms result in additional monies credited, not refunded. Changing payment terms before renewal is free. Canceling a Quarterly, Semi-Annual, or Yearly package pre-renewal leads to pro-rated credits toward the nearest Monthly billing cycle. Cancellations due to TOS or AUP violations are non-refundable.

(C) Credit/Debit Card and Address on File

When using a credit/debit card, it's stored for automatic monthly charges two days before the due date. Billing address must match the card's address. Mismatched addresses may lead to declined transactions. If declined, credit card transactions may show as pending; debit card transactions will be refunded by the bank. Storing credit cards over debit cards is recommended.

(F) Taxes

The Customer agrees to remit to SiteHosting all applicable sales, VAT, or similar taxes related to services, even if not initially collected by SiteHosting.

(G) 7 Day Money Back Guarantee

New SiteHosting customers can request a 7-day money back guarantee. Void if TOS/AUP is violated or bandwidth limits are exceeded in the first 7 days. Additional hosting packages or post-exceeded bandwidth cancellations are ineligible. Refunds may be denied due to service abuse.

(J) Service Upgrades

Service and license upgrades are maintained for at least 30 days or a full billing cycle, whichever is shorter. This includes software, license, package, and physical upgrades to dedicated servers (e.g., hard-disk or RAM upgrades).

4. Cancelation and Early Termination

The Customer recognizes that the service fee is established based on the Customer's commitment to pay for the entire Initial Term or Renewal Term, as relevant. If SiteHosting terminates this Agreement due to the Customer's violation of the Agreement under Section 10 (Termination), or if the Customer terminates the service outside the provisions of Section 10 (Termination) due to SiteHosting's breach, the outstanding fees for each billing cycle remaining in the Initial Term or the ongoing Renewal Term, as applicable, become due on the business day subsequent to the Agreement's termination.

To avoid full payment for the subsequent term, the Customer must submit cancellation or package downgrade requests to SiteHosting prior to the upcoming renewal date. The following guidelines pertain to cancellation requests:

  1. The cancellation request should be directed to the billing department.
  2. The request must originate from the primary email address associated with the SiteHosting account.
  3. Essential information, including the primary IP address and hostname of the hosting plan intended for cancellation, must be included in the request.

5. Law and Accetable Use

The Customer commits to utilizing the service in alignment with applicable laws and SiteHosting's Acceptable Use Policy (AUP), which is incorporated into this Agreement by reference. The Customer acknowledges that SiteHosting holds the right, in line with industry norms and its rational business judgment, to periodically modify the AUP and TOS for the purpose of elaborating on sensible limitations and terms concerning the Customer's service use.

Any revisions to the AUP and TOS come into effect either when SiteHosting notifies the Customer of the amendment or on the initial day of any ensuing Renewal Term that follows the amendment. The Customer also agrees to collaborate in SiteHosting's rational examination of any suspected breaches of the AUP. In scenarios where differences arise between SiteHosting and the Customer over the interpretation of the AUP, SiteHosting's commercially sound interpretation shall take precedence.

6. Customer Information

The Customer affirms to SiteHosting the accuracy of the information provided, both currently and in the future, for establishing and maintaining the service. In the case of an individual, the Customer also confirms that they are at least 18 years old. SiteHosting holds the right to follow the instructions of the individual listed as the Primary Customer Contact on the Order concerning the Customer's account, unless the Customer formally notifies SiteHosting of a change to the Primary Customer Contact.

7. Indemnification

The Customer commits to defending, indemnifying, and absolving SiteHosting, its affiliates, and their officers, directors, agents, and employees from any claims, liabilities, losses, damages, and expenses, including legal fees, brought by third parties due to or arising from the actual or alleged use of Customer's services that breach applicable laws or the AUP. This accountability applies to the Customer and any user of the Customer's login information, regardless of authorization.

8. Disclaimer of Warranties

SiteHosting does not assure uninterrupted, error-free, or completely secure services. It disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the extent allowed by applicable law. All services are furnished on an "as-is" basis.

9. Limitation of Damages

Neither party shall be held liable to the other for lost profits or any indirect, special, incidental, consequential, or punitive damages, even if the possibility of such damages is advised, and irrespective of whether such damages could have been avoided through reasonable diligence.

Notwithstanding any clauses to the contrary in the Agreement, SiteHosting's highest aggregate liability, based on any legal theory, shall not exceed the amount payable by the Customer for one month of service.

In the event of a legal proceeding arising from the interpretation or enforcement of this Agreement, SiteHosting is entitled to reimbursement of costs and expenses, including reasonable attorney's fees, incurred in preparation, during the proceedings, and for appeals. These amounts will be included in any judgment that ensues.

10. Suspension/Termination

(A) Suspension of Service

The Customer acknowledges that SiteHosting retains the right to suspend services to the Customer, with or without prior notice and without incurring liability.

(B) Termination

SiteHosting reserves the prerogative to terminate the Agreement or decline services at any juncture, with or without prior notice and without incurring liability. The Customer may terminate the Agreement before the Initial Term or any Renewal Term concludes without further notice and without incurring liability if SiteHosting substantially fails to provide services according to the Agreement's terms, and this failure remains unaddressed for ten (10) days following the Customer's written notice detailing the issue. Termination of this nature does not absolve the Customer of any outstanding payments due within their Initial or Renewal Term. The Customer also reserves the right to terminate the Agreement in accordance with Section 4 and Section 5, respectively.

Either party has the right to terminate this agreement with five (5) days' advance notice if the other party declares insolvency, makes a creditors' assignment, files for bankruptcy or equivalent protection, becomes unable to fulfill debt obligations as they fall due, appoints a trustee or receiver over a significant portion of its assets, or enters into an arrangement for extending or revising most or all of its commitments.

11. Bandwidth Usage

Customers are assigned a monthly bandwidth quota based on their chosen hosting package. In the event of surpassing the allocated amount, we retain the right to suspend the account until the next allocation period, suspend the account until additional bandwidth is purchased for an extra fee, suspend the account until upgrading to a higher package level, terminate the account, and/or apply an additional charge for overages. Overused bandwidth is billed at $20 per terabyte. Unused transfer within one month cannot be carried over to the next. If bandwidth limits are exceeded in the initial 30 days of service, the 30-day money-back guarantee is forfeited, and the Customer is liable for any overages.

12. Requests for Customer Information

The Customer consents to SiteHosting's right to (i) report to relevant authorities any conduct deemed by SiteHosting to breach applicable law, by the Customer or their customers/end users, and (ii) provide information within its possession about the Customer or their customers/end users, in response to a formal or informal solicitation from law enforcement or regulatory agencies, or pursuant to a formal request in a civil action meeting the requisites for such a request.

13. Back Up Copy

SiteHosting strongly advises all customers to maintain up-to-date backup copies of their data off-site for disaster recovery purposes.

Shared Cloud Customers:

SiteHosting provides complimentary backup services for Managed Shared Cloud customers. We generate and store one weekly and the two most recent daily backups. However, the Customer agrees to retain a current copy of all hosted content irrespective of SiteHosting's backup services. The Customer acknowledges that any backups extended by or on behalf of SiteHosting are provided solely as a courtesy for disaster recovery purposes. SiteHosting does not warrant or ensure the availability, integrity, content, or operability of these backups.

14. Changes to SiteHosting's Network

Upgrades and modifications to SiteHosting's network, encompassing changes in software, hardware, and service providers, have the potential to impact the display or operation of Customer's hosted content and applications. SiteHosting retains the right to modify its network at its reasonable discretion, and SiteHosting cannot be held liable for any resultant impact on the Customer.

15. Notices

Communications to SiteHosting under the Agreement are to be transmitted via email to billing@sitehosting.com or through our online ticketing system at https://sitehosting.dev/supporttickets. All notifications, including but not limited to support or billing inquiries, must originate from a registered email address linked to the customer account.

Communications to the Customer will be delivered via email to the individual indicated as the Primary Customer Contact on the Order. The Customer is responsible for ensuring accurate and up-to-date contact information. Notifications are considered received on the day sent or, if not a business day, on the first ensuing business day. The Customer can update their notice address following procedures outlined in this Section.

16. Force Majeure

SiteHosting will not be deemed in breach of any obligation under the Agreement if the inability to fulfill that obligation arises from events beyond SiteHosting's control. These events include, without limitation, significant power grid failures, major Internet outages, natural disasters, war, civil unrest, epidemics, strikes, organized labor actions, terrorism, or other incidents of a magnitude or nature not typically accounted for in the industry.

17. Miscellaneous

Both parties acknowledge the exclusive ownership and rights of the other party in its trademarks, service marks, trade secrets, copyrights, inventions, and other intellectual property. Neither party may utilize the other's name or trademark without prior written consent. The parties intend to operate as independent contractors, not as partners, joint ventures, or employer/employee relationships. Neither party will portray itself as the agent of the other.

Each party acknowledges its lack of authority to bind the other and agrees not to represent otherwise. Amendments to this Agreement require formal written agreement signed by both parties. The terms on Customer's purchase orders or other business forms hold no influence unless they are explicitly integrated into a formal written agreement signed by both parties.

A party's failure or delay in enforcing any provision of the Agreement does not equate to waiving its rights regarding that provision or any other. A waiver of any right under the Agreement does not void other rights concerning past, contemporaneous, or future occurrences, whether similar in nature or not.

Headings in the Agreement are for convenience, not inclusion in the Agreement. Provisions related to fees, indemnity, liability limitations, warranty disclaimers, intellectual property ownership, and other provisions designed to outlast the Agreement's termination will persist. The Agreement does not confer third-party beneficiary status on insurers or reseller customers.

The Customer cannot transfer the Agreement without prior written consent from SiteHosting. SiteHosting's consent for assignment is contingent on the assignee meeting SiteHosting's credit criteria. SiteHosting retains the right to assign the Agreement wholly or partially.

This Agreement, along with the Order and AUP, constitutes the sole and comprehensive agreement between the parties regarding its subject matter. It supersedes and replaces any prior understandings or communications, whether written or oral.

Last Updated: 08/25/2023

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