Siteocity.com (referred hereinafter as "SiteOcity," "Siteocity.com," "our," "we" and "us") is a web hosting business owned and operated by Hostbed, LLC. All accounts on our web servers are subject to the terms and conditions described in this document (the "Agreement"). Under the terms of this Agreement, your placement of information on our servers is an acknowledgement that you have read, understand, and agree to be bound by the terms and conditions below.
1. User Conduct
Our services may only be used for lawful purposes - any use of these services which violates any laws which may apply to Siteocity.com, your local jurisdiction, or any jurisdiction that you or your site may be subject to, is strictly prohibited.
This means that while using the service, neither you, nor anyone using the services through you (collectively "End User") will not: Post or transmit any unlawful, threatening, abusive, defamatory, obscene, libelous, offensive, pornographic, indecent, profane, or otherwise objectionable information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, violate any law, or restrict or inhibit any other user from using and enjoying the Internet.
2. Non-permissible Content and Conduct
- No use as a download or file storage repository: We offer website hosting only. You may not use your Siteocity.com account as a storage repository for MP3, games, videos, audio, music, or other like files.
- No adult sites allowed: We do not allow on our servers adult content or links to adult web sites.
- No warez: We do not allow web sites with warez, cracks, serials, etc.
- No game sites: Such games are strictly forbidden from our servers.
- Intellectual Property violations: We do not allow content that infringes upon the intellectual property ights of others. This includes distribution, display, or storage of copyrighted or trademarked material unless you are the author, copyright or trademark holder or you are in possession of explicit permission by the copyright or trademark holder.
- Distribution of multimedia formats: You may not use your hosting account to store or distribute such material unless you are the author, copyright holder or you are in possession of explicit permission by the copyright holder.
Accounts found to contain content such as listed above, will be disabled or deleted at our sole discretion without prior notification and are not eligible for a refund.
3. Banned Scripts:
Users may not install the following scripts on our servers:
- Third-party chat scripts. You can only use the chat scripts in your Control Panel.
- UBB - Ultimate Bulletin Board (all versions)
- YABB - Yet Another Bulletin Board
- Ikonboard (CGI version)
- Movable Type (All types)
- Ultimate Toplist
- Shell, SSH, Telnet Scripts and alternatives
- Proxy Servers
- Any script that uses & processes a large number of flatfiles or large flatfile databases
Accounts found to contain any of the above scripts will be suspended with no advance notice. We have this policy in place to ensure that server resources are not monopolized by a few accounts using the above scripts at the expense of everyone else sharing the same server.
4. Zero Tolerance Spam Policy
We take a zero tolerance stance against bulk email and unsolicited e-mail, commonly known as spam. Any user who sends out spam or bulk email will have their account terminated without notice.
Siteocity.com reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. Siteocity.com also reserves the right to make any such modifications in an emergency at our sole discretion. A processing fee of $20 per message will apply to all spam or bulk email messages sent from our servers.
Web sites that support spam or bulk email operations are not allowed on our servers. This includes web sites offering email lists, email harvesting software, bulk email software, and/or anything else that can be perceived as facilitating the use of spam and bulk email. We reserve the right to disable such accounts at our sole discretion and without notification.
5. Data Backup
Siteocity.com may regularly make backup copies of information stored on its servers for disaster recovery purposes. Nevertheless, availability of backups is not guaranteed and we will not be responsible for loss of customer data. Customers are advised to make regular backups of the information they store on our servers. Our Control Panel provides tools that facilitate data backup and restoration.
You agree to indemnify, defend, and hold harmless Siteocity.com, its owners, operators, officers, directors, employees, and agents, from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, Siteocity.com, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including, but not limited to, domain name selection and Web site content.
7. Refusal or Discontinuation of Service
Siteocity.com reserves the right to refuse or discontinue service to anyone at Siteocity.com's sole discretion. Siteocity.com may deny you access to all or part of the service without notice if you engage in any conduct or activities that Siteocity.com (in its sole discretion) believes violates any of the terms and conditions in this Agreement. Siteocity.com shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that Siteocity.com has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Siteocity.com reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement. Siteocity.com also reserves the right to refuse refunds in cases where Siteocity.com believes abuse has taken place.
8. No Warranties
SITEOCITY.COM MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND FOR THE SERVICES BEING OFFERED. THE PRODUCTS AND SERVICES ARE PROVIDED BY SITEOCITY.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. SITEOCITY.COM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO ITS PRODUCTS AND SERVICES AND ANY DATA ACCESSED THEREFROM, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE SOFTWARE, SERVICES AND ANY DATA ACCESSED THEREFROM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY SITEOCITY.COM OR ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY. SITEOCITY.COM PROVIDES NO WARRANTY THAT ITS PRODUCTS AND SERVICES WILL OPERATE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW SITEOCITY.COM SHALL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, BUSINESS INTERRUPTION, OR FOR ANY OTHER DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, HOWEVER CAUSED, THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE THE PRODUCTS OR SERVICES, OR FOR THIRD PARTIES' USE OF THE PRODUCTS OR SERVICES TO ACCESS YOUR WEB SPACE, OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR YOUR OR ANY THIRD PARTIES' RELIANCE ON OR USE OF INFORMATION, SERVICES, OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. IF YOU ARE DISSATISFIED WITH SITEOCITY.COM SERVICE OR ANY OF ITS TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES, OR PRACTICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
9. Customer Risks
You understand that by placing information on Siteocity.com's servers that such information becomes available to all Internet users and that Siteocity.com has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of Siteocity.com's servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Siteocity.com or on the Internet. Your use of Siteocity.com's products and services is at your sole risk. Siteocity.com is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain backup files of data stored on Siteocity.com servers.
You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by Siteocity.com, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future Siteocity.com policy decisions.
10. Account-Holder Identification Information
You agree that you, as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to supply Siteocity.com with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
11. Sharing of Account Space & Resale Restrictions
You agree and understand that the account purchased is for yourself. You also understand that you are the individual solely responsible for all use of the account.
12. Purchasing Third Party Services Through Siteocity
SiteOcity may offer you the opportunity to purchase third party services and products through us ("Third Party Services"). Third Party Services may be offered directly by us, or they may be offered by another party whose platform we use to offer the Third Party Services to you ("Platform").
The Third Party Services and/or Platform interoperate with our products and services, however, are not provided by us, although they may appear to be. When you purchase these Third Party Services, our interface, or the interface of the Platform, will authorize purchase and installation of Third Party Services on your behalf. It is your obligation to review the terms and conditions of such a purchase. While we will use reasonable efforts to make those terms and conditions available to you, we may only do so to the extent the Platform we use makes those terms and conditions available.
Any acquisition by you of Third Party Services, and any exchange of data between you and the Platform and/or the provider of the Third Party Services, is solely between you and that entity. SiteOcity does not warrant or support Third Party Services, regardless of whether they appear to be provided by us. We do not guarantee the availability of any functionality, features or services of the Third Party Services. Your rights, if any, will be provided by the terms and conditions underlying the Third Party Services. The Platform and Third Party Services may have reserved their right, title and interest in, and to, the products and services provided by them. This includes, but is not limited to, their intellectual property rights. With regard to the Platform and/or Third Party Services, no rights are granted to you under this Agreement.
The Platform and/or Third Party Services may contain features designed to interoperate with the services provided by SiteOcity. Further, if you choose to purchase Third Party Services, you grant SiteOcity permission to allow both the Platform and the Third Party Services to access, use and modify the services provided by us, your data, and that of your End Users. We are not responsible for any disclosure, modification or deletion of your data resulting from access by, or use of, this data by the Platform and/or the Third Party Services. You grant us, the Platform, and/or the operator of the Third Party Services the right to access your services and/or data in order to provide the Third Party Services to you.
We cannot guarantee the continued availability of Third Party Services, and may cease offering them. If the Third Party Services are terminated, for any, or no, reason, you will not be entitled to any refunds, credits, or other compensation. We do not guarantee the availability of any Third Party Services.
13. Payment & Other Information
You agree to supply appropriate payment for the services received from Siteocity.com, in advance of the time period during which such services are provided. You fully understand that credit card purchases will be processed by Hostbed, LLC, of 2550 N. Loop West, Suite 4006, Houston, Texas 77092, U.S.A. You agree that until and unless you notify Siteocity.com of your desire to cancel any or all services received, those services will be billed on a recurring basis. Your renewal payments will be processed automatically and Siteocity.com will dispatch an email receipt to the email address on record for your account. You must keep your billing information updated. If we are unable to process your renewal payment, your account will be temporarily suspended or terminated.
14. Copyright Infringement & DMCA Process
We are registered with the United States Copyright Office pursuant to the Digital Millennium Copyright Act ("DMCA"), and are required by law to take certain actions, including the possible suspension of your account, if we receive a valid notice of copyright infringement. If a third party's site or other copyrighted work has been infringed by our customer, or their End User, in a way that falls within the terms of the DMCA, we must be provided with proper notice of such an infringement.
Our DMCA dispute process is designed to comply with both the letter and spirit of the DMCA. Please note that no information provided to us pursuant to this process is confidential, regardless of any claim or request set out in a communication.
You may not use the services to distribute, display material that infringes another entity's copyright interest. If you believe that the services are being used in this manner, you are required to send notice to us using the contact information below. No information set out in your notice will be confidential.
Our designated agent for receipt of notices pursuant to the DMCA is:
- Name of DMCA agent: General Counsel
- E-mail: email@example.com
Reporting Copyright Infringement: To be effective, your notice of copyright infringement must be sent to Siteocity.com's designated agent in writing and must include the following (for more details on the information required for valid notification, see 17 U.S.C. § 512(c)(3)):
- (i) Your signature (physical or electronic) or the signature of a person authorized to act on your behalf;
- (ii) Identification of the copyrighted work that you claim has been infringed;
- (iii) Identification of the material that is claimed to be infringing as well as information reasonably sufficient to permit us to locate the material;
- (iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
- (vi) A statement that, under penalty of perjury, the information in the notification is accurate. We encourage you to consult a lawyer before submitting a notice of copyright infringement. You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys' fees.
Counter Notification: Customers and/or End Users who have been the subject of a DMCA copyright notice may write a counter notification under 17 U.S.C. § 512(g)(3). Before sending a counter notification, we encourage you to contact an attorney. To file a counter notification with us, you must provide a written communication to our Designated Copyright Agent (address provided above) that sets forth the following items:
- (i) Your physical or electronic signature;
- (ii) Identification of the material that has been removed or disabled, and its prior location;
- (iii) A statement, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification;
- (iv) Your name, address, and telephone number(s);
- (v) A statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, or, if your address is outside of the United States, for any judicial district in which we may be found; and
- (vi) A statement that you will accept service of process from the complainant or the complainant's agent.
Upon receipt of a valid counter-notification from you, we will provide the complainant with a copy of the counter-notification. If the counter-notification is presented in accordance with the requirements of this Agreement and the DMCA, we will post the disputed content again or re-enable access to it within 10-14 days, unless the complainant first notifies the Designated Copyright Agent that it has filed a request for a court order to restrain the infringing activity.
- Repeat Infringers. It is our policy to terminate in appropriate circumstances the services of customers who are repeat infringers.
Siteocity.com reserves the right to amend or modify any portion of the terms or conditions in this Agreement, at any time and in its sole discretion, by posting the new terms or conditions on its website. Any amendments or modifications made by Siteocity.com will be considered accepted by you if you continue to use Siteocity.com's products and services.
This Agreement will be governed by and interpreted in accordance with the laws of the State of Texas without regard to the conflicts of laws principles thereof. Any dispute or claim arising out of or in connection with the Agreement shall be finally settled and exclusively by the state or federal courts sitting in Harris County, Texas. For purposes of this Agreement, the parties hereby irrevocably consent to exclusive personal jurisdiction and venue in the federal and state courts in Harris County, Texas.
Any of the provisions of this Agreement may be waived by the party entitled to the benefit thereof. In the event of a dispute between the parties, the prevailing party to such dispute shall be entitled to be reimbursed by the other party its reasonable attorneys' fees and costs incurred in connection with the dispute. Regardless of any applicable law to the contrary, you agree that any claim or cause of action arising out of or related to this Agreement, must be filed within one year after such claim or cause of action arose or it will be forever barred.
16. Agreement Acknowledgement
This Agreement supersedes any written, electronic, or oral communication you may have had with Siteocity.com or any agent or representative thereof, and constitutes the complete and total agreement between the parties with respect to the matters contained herein. Should any provision of this Agreement be determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
By placing and continuing to maintain or place information on Siteocity.com‘s servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.
17. Money Back Guarantee
Each hosting plan includes a full 30-day money back guarantee.
If you are not completely satisfied with our services within the refund time period specified for your plan, you will be given a full refund of the contract amount, excluding overages and Third Party Services. No refund is available after that period. This policy does not apply to any additional services such as overages, disk space, bandwidth, maintenance fees, etc. Domain registration fees are not refundable.
Accounts cancelled/terminated by Siteocity.com for violating our AUP do not qualify for the 30-day money back guarantee. Only first-time accounts are eligible for a refund. For example, if you have had an account with us before, cancelled and signed up again, you will not be eligible for a refund. This is to protect our refund guarantee from being abused. To receive a full refund, please submit a support ticket using our Helpdesk.
To report abuse or violations of these policies, please use the appropriate contact form found in our support section.