Dedicated
Server Hosting Terms of Service - Click Here
Terms
of Use |
Upon
signing up for SiteTurn's services, all
customers agree to comply with SiteTurn's
Terms of Use. The policy is aimed to ensure
our customers are using SiteTurn's services
with due regard to the rights of other Internet
users and in conformity with the requirements
of SiteTurn's network environment.
This
Agreement shall be governed by and interpreted
in accordance with the laws of the State
of California, United States of America,
and the courts of the judicial district
of the County of Sacramento shall have exclusive
jurisdiction in respect of any proceedings
in connection with this Agreement. |
Illegal Use SiteTurn Networks servers
may be used for lawful purposes only. Transmission,
storage, or distribution of any information, data,
or material in violation of any applicable law
or regulation is prohibited. This includes, but
is not limited to: copyrighted material; trademarks;
trade secrets or other intellectual property rights
used without proper authorization; material that
is obscene, defamatory, constitutes an illegal
threat, or violates export control laws. Examples
of unacceptable content or links include: pirated
software, hacker programs or archives, Warez sites,
MP3, and IRC bots.
Furthermore, use of SiteTurn Networks' servers,
or other network resources, to gain unauthorized
access to other Internet users and/or other networks,
is strictly prohibited.
Adult Content
Due to the special system and network requirements
of adult-oriented sites, pornography and sex-related
merchandising are prohibited on shared servers.
This includes sites that may infer sexual content
or provide links to adult content elsewhere. This
is also true for sites that promote any illegal
activity or content that may be damaging to our
servers or any other server on the Internet, or
provide links to such sites.
Adult content is only allowed on dedicated server
platforms. For more information, please contact Customer Support
Security
Violations of system or network security are
prohibited, and may result in criminal and civil
liability. Examples include, but are not limited
to the following: Unauthorized access, use, probe,
or scan of a systems security or authentication
measures, data or traffic. Interference with service
to any user, host or network including, without
limitation, mail bombing, flooding, deliberate
attempts to overload a system and broadcast attacks.
Forging of any TCP-IP packet header or any part
of the header information in an email or a newsgroup
posting.
CGI Scripts
CGI Script sharing with domains not hosted by
SiteTurn Networks is not allowed. Any cgi-scripts
deemed to be adversely affecting the server performance
or the network integrity will be shut down without
prior notice.
Server abuse
Any attempts to undermine or cause harm to a
SiteTurn Networks server, or any customer of SiteTurn
Networks, is strictly prohibited. Any sub-networks
of SiteTurn Networks, and all dedicated servers,
must adhere to the above policies. The failure
to meet, or follow any of the above guidelines,
are grounds for account deactivation. We reserve
the right to remove any account without prior
notice, if we have reason to believe that any
of the terms outlined in this Agreement, are violated.
Any client who uses SiteTurn Networks servers
for development or debugging an application, or
who knowingly runs an application, that crashes
or causes harm to the server, is violating this
Agreement and risks account termination. We will
not allow any services or programs that in any
way potentially affect the security, speed, and/or
stability of our servers. This includes but is
not limited to third party COM objects, CFX tags,
CF tags or DLLs (please see Third-Party Software
below) that we feel present a risk; the use of
ODBC RDS; anonymous FTP upload; access attempts
targeted at other customer directories or databases;
the use of CGI programs making remote calls via
TCP/IP ports; and any other product or activity
which in any way, shape or form diminishes the
functionality of SiteTurn Networks servers.
Any customer that is found in violation of the
above is in danger of account termination.
If there is any doubt as to what is acceptable
to run on the server, please contact Customer Support
UCE (Unsolicited Commerce Email) - SPAM
Spamming, or the sending of mass unsolicited
email, from or through a SiteTurn Networks server,
to a SiteTurn Networks customer(s), or using an
email address that is maintained on a SiteTurn
Networks machine is STRICTLY prohibited. SiteTurn
Networks will be the sole arbiter as to what constitutes
a violation of this provision. If you engage in
any of the foregoing activities using the service
of another ISP or IPP, but channeling activities
through a SiteTurn Networks server as a maildrop
for responses, you are in violation. Violators
will face an immediate suspension and indefinite
removal from our network, as well as a minimum
fine of $250 and other recourse, as applicable.
Server Resources
SiteTurn's customers are privileged to be offered
unlimited traffic. Unlimited traffic applies to
standard web documents (JPEG, GIF and HTML). All
other types of files such as (ZIP, MP3, MPEG,
EXE, RA, RM, etc.) are subject to 15 GB of transfer
per month. Sites containing paid advertisements,
such as banner ads are allowed 20 GB of transfer
per month. Any customer who exceeds this limit
will be notified by SiteTurn to resolve the situation.
Any excess bandwidth usage which is not in complient
with the Accepted User Policy will be billed to
the client at a rate of $3.00/GB based on monthly
usage.
Any web site that uses a high amount of server
resources, such as, but not limited to, CPU time,
memory usage, and network resources, will be given
the option to pay additional fees, which will
depend on the resources required, reduce the resources
used to an acceptable level, or upgrade its service
to a Dedicated Server plan. SiteTurn Networks
shall be the sole arbiter of what is considered
to be a high server usage level.
Any hosting account deemed to be adversely affecting
the server performance or the network integrity
may be shut down without prior notice.
IRC
SiteTurn Networks does not allow IRC or IRC bots
to be operated on our servers.
Modification
SiteTurn Networks reserves the right to add,
delete, or modify any provision of this Policy
at any time without notice.
Billing and Payment
All fees for web hosting or other services are
due in advance and shall be in accordance with
SiteTurn Networks' fee schedule, which is incorporated
herein by reference and may be amended from time
to time. In the event that customer elects to
pay with a credit card, the Customer authorizes
SiteTurn Networks, Inc. to charge all fees owed
to such credit card at the time or up to 30 days
before they become due. Customer agrees to pay
a $25.00 (twenty-five dollars) late fee if customer's
account or accounts become more than fifteen (15)
calendar days overdue or if the Customer's credit
card is not accepted when a charge is processed.
Fees for renewal periods after the Initial term
shall become due within the 30 day period before
the first day of such renewal period. Globat may
impose a debt service charge equal to one and
one-half percent (1.5%) of the overdue balance
or a lesser amount where required by law for each
month or portion thereof the overdue amount remains
unpaid. In addition, in the event that any amount
due to SiteTurn remains unpaid thirty (30) calendar
days after such payment is due, SiteTurn Networks,
Inc., in its sole discretion, may immediately
terminate this Agreement, and/or withhold or suspend
Services. Customer agrees that SiteTurn may impose
a $30.00 (thirty dollars) fee to reinstate accounts
that have been terminated or suspended. All taxes,
fees and governmental charges relating to the
Services provided hereunder (other than income
taxes of SiteTurn Networks, Inc.) shall be paid
by the Customer.
Customer agrees that SiteTurn Networks, Inc.
may charge in advance all fees due for the Services
provided to Customer under this agreement to the
credit card supplied by Customer during registration
or at any time thereafter and the Customer specifically
agrees not to charge-back or dispute any payments
SiteTurn Networks, Inc. processes through the
Customer's credit card.
All SiteTurn customers acknowledge and specifically
agree that chargebacks - which might occur if
a Customer disputes SiteTurn charges directly
with Customer's credit card bank - are unlawful
if SiteTurn Networks' service has been rendered.
If a customer has a fee dispute with SiteTurn
Networks, the customer must settle such dispute
with SiteTurn directly without initiating any
chargeback procedures. Any chargeback will evoke
an automatic $100.00 (one-hundred dollars) service
fee, without exception, for which customer will
be held responsible in future collection procedures,
which may involve third-party collections proceedings.
To avoid interruptions in service, accounts are
billed on a recurring, subscription basis. Accounts
will automatically renew unless explicitly cancelled
thirty (30) days prior to the renewal date.
Miva Merchant Change of Fees
SiteTurn Network’s Ecommerce hosting packages that offer Miva Merchant software are subject to fee changes. The price point of these software as service plans is subject to change from Miva Merchant. As such SiteTurn will notify all customer by email, or posting on website as to any changes in rates. Customers must cancel within 30 days of a rate change in order to receive a refund.
Cancellation Policy
SiteTurn Networks aims to deliver premium web
hosting and e-commerce services by incorporating
the latest in technologically advanced infrastructure,
and an experienced and dedicated support staff.
Further, in an effort to reduce initiation costs
to our customers we have waived setup fees on
many of our service plans. Certain packages will
have non-recurring, one-time setup charges, to
offset provisioning costs.
In order to cancel your web hosting service,
you must submit your request in writing to Customer Support. The cancellation request
MUST be submitted from the account's primary email
address for authenticity purposes thirty (30) days prior to the renewal date. Cancellation
requests made by telephone, or by e-mail to any
other department, will not be processed. Late cancellations are subject to a $75.00 Breach -Of-Contract fee
If SiteTurn Networks cancels this Agreement pursuant
to any of the terms outlined in this agreement
SiteTurn shall not refund to Customer any fees
paid or prepaid in advance of such cancellation
and Customer shall be obligated to pay all fees
and charges accrued prior to the effectiveness
of such cancellation. Prepaid hosting fees are
not refundable, if SiteTurn terminates this agreement
for cause. SiteTurn shall also have the right
to charge customer a minimum of $75.00 Breach-Of-Contract
fee.
Under our "30 Day Money Back Guarantee"
program, SiteTurn Networks will provide customers
with a full refund on all hosting services paid,
if the customer requests the service cancellation
with a valid customer service complaint, within
the first thirty (30) days of account activation.
Thereafter, refunds on all accounts (including
annual and quarterly packages) will be pro-rated,
based on the monthly rate. Any setup fees and/or
overage charges assessed, are non-refundable.
This guarantee does not apply to accounts that
have been closed or suspended due to a violation
of this Agreement. Accounts that have been suspended
or deactivated as a result of a violation of this
Agreement are not eligible for refunds.
To avoid interruptions in service, accounts are
billed on a recurring, subscription basis. Accounts
will automatically renew unless explicitly cancelled
thirty (30) days prior to the renewal date.
Domain Registration Policy
Click here to review SiteTurn Networks Domain Registration Policy.
EXCLUSIVE REMEDY
YOU AGREE THAT OUR ENTIRE LIABILITY, AND YOUR
EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE,
WITH RESPECT TO ANY SERVICE(S) PROVIDED UNDER
THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT
IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH
SERVICE(S) DURING THE TERM OF THIS AGREEMENT.
IN NO EVENT SHALL SITETURN NETWORKS, ITS LICENSORS
AND CONTRACTORS (INCLUDING THIRD PARTIES PROVIDING
SERVICES AS PART OF THE SUBSCRIPTION SERVICE FOR
WEBSITES FROM SITETURN) BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN
IF SITETURN NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES
NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY
AS SET FORTH HEREIN SITETURN NETWORKS' LIABILITY
IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH
STATES.
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