Site Hook Creative Services
Domain Registration and Web Site Hosting
Terms of Service and Acceptable Use Policy

Definitions

  1. Domain Name Registration
  2. Web Site Hosting and Email
  3. Service Availability
  4. Payment
  5. Termination
  6. Indemnity
  7. Limitation of Liability
  8. Notices
  9. Support
  10. Law
  11. Headings
  12. Torturous Conduct
  13. Entire Agreement


Definitions:

All terms are as defined regardless of whether they appear in upper or lowercase text style.

"Site Hook" shall mean "Site Hook Creative Services."

"We," "us," and "our" shall mean Site Hook and any party acting on Site Hook's behalf or on Site Hook's implicit instructions.

"You" and "your" includes the person purchasing the services or any party acting on the service purchaser's behalf.

"Services" shall mean Web hosting provided by Site Hook.

"Member" includes the purchaser of services or any party acting on the purchaser's behalf.

"Server" means the computer server equipment in connection with the provision of the Services.

"Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet.

"Agreement" means this agreement along with Site Hook's Terms of Service and Acceptable Use Policy.

"TOS" stands for "Terms of Service" and includes this agreement.

"AUP" stands for "Acceptable Use Policy" and includes this agreement.

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In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:

1. Domain Name Registration.

1.1. We do not handle domain registrations directly but as a courtesy to our Members we do offer a convenient domain ordering interface. By registering a domain through us, you agree to the Terms of Service provided by the registrar.

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2. Web Site Hosting and Email.

2.1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.

2.2. You shall effect and maintain adequate insurance coverage in respect of any loss or damage to data stored on the Server.

2.3. You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that:

2.3.1. You will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorize or permit any other person to do so.

2.3.2. You will not post, link to or transmit:
  1. any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable as determined by Site Hook in any way.  
  2. any material containing a virus or other hostile computer program.  
  3. any material which constitutes or encourages the commission of a criminal offense, or which infringes any patent, trademark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
2.3.3. You will not send bulk email, whether opt-in or otherwise, from our network. Nor will you promote a site hosted on our network using bulk email.

2.3.4. You will not employ programs which consume excessive system resources including, but not limited to, processor cycles and memory. We do not host IRC, IRC bots, or other server resource-intensive programs.

2.3.5. If you surpass your allotted disk or bandwidth usage as set forth in your free or purchased plan, you agree to purchase the excess by the amount equal to a pro-rated account upgrade as determined by Site Hook, even if the upgrade provides more space than currently required. Such payment is non-refundable and non-disputable and shall be payable immediately. Payment shall cover usage from the date of overage until the expiration of your current hosting contract up to one year and shall not be used to extend said contract past the expiration date.

2.4. We reserve the right to remove any material which we deem inappropriate from your Web Site without notice. We do not host Warez, Underage Adult, Pornographic, blasphemous, hate-based, or unauthorized copyrighted MP3 content. (Warez Sites are typically used by "hackers" to trade [upload/download] illegally pirated copies of software programs with one another.)

2.5. You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft, or unauthorized disclosure of your password or other security information.

2.6. You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other Members.

2.7. You shall ensure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.

2.8.1. Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A Member shall not use another site's mail server to relay mail without the express permission of the site.

2.8.2. It is contrary to Site Hook policy for Members to use our servers to effect or participate in any of the following activities:

To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list.

To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke complaints from the recipients.

To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a Site Hook provided server, or using a Site Hook provided server as a mail drop for responses.

To falsify user information provided to Site Hook or to other users of the service in connection with use of a Site Hook service.

2.8.2.(a) Consequences of Violation:

When Site Hook becomes aware of an alleged violation of its Acceptable Use Policy, Site Hook will initiate an investigation. During the investigation we may restrict Member's access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, Site Hook may, at its sole discretion, restrict, suspend, or terminate Member's account and/or pursue other civil remedies. If such violation is a criminal offense, Site Hook will notify the appropriate law enforcement department of such violation.

2.8.2.(b) You shall be held liable for any and all costs incurred by Site Hook as a result of your violation of these terms and conditions. This includes, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. Site Hook's current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is US $100 per hour, with a minimum one (1) hour charge, plus US $1 for each bulk-email or Usenet message sent, plus US $1 per complaint received.

2.8.3. Site Hook does not issue service credits for any outages incurred through service disablement resulting from Policy violations.

2.9. Any access to other networks connected to Site Hook must comply with the rules appropriate for those other networks

2.9.1. While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.

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3. Service Availability.

3.1. We shall use our reasonable endeavors to make available to you at all times the Server and the Services but we shall not, in any event, be liable for any loss in the event of interruptions of Service or downtime of the Server.

3.2. Site Hook guarantees a 99.9% server uptime to shared hosting customers. The following credit schedule applies:

99.50 - 99.89 = 70% service credit
99.00 - 99.49 = 80% service credit
98.00 - 98.99 = 90% service credit
97.99 or less = 100% service credit

3.3. Customers claiming credit under our uptime guarantee must do so by opening a support ticket within 72 hours of the incident with their username, main account domain and PayPal subscription ID or latest order number. All requests after 72 hours of the downtime incident happening will be void.

3.4. Our service provider has the final say and will determine the uptime of our servers and will base its uptime on its own monitoring systems. External monitoring statistics set up by customers will not be considered as evidence of uptime/downtime.

3.5. Our service provider has informed us that they shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than seven (7) days Site Hook will be notified of the reason. We will provide any known information about service suspensions to you at your request. Site Hook shall not be responsible for such service suspensions which are beyond our control.

3.6. The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub-clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.

3.7. Site Hook discloses that it is a hosting service reseller and does not own its own server equipment. We have chosen with great care our hosting service provider and have found them to be reliable to the best of our experience and knowledge.

3.8. Web hosting service inquiries to Site Hook will be answered 24 hours per day, 7 days per week. We strive for prompt, courteous service always and try to answer all requests within an hour of submission. However, please allow 1 hour for our initial response and 8 hours for resolution.

3.9. Site Hook's telephone number is not listed for the general public on our Web page for security reasons. However, our clients will be provided with a phone number where we can be reached in the event of a true emergency. Abuse of this privilege may result in account termination.

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4. Payment.

4.1. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our Web site and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre-payment.

4.2. Payment is due according to the fee schedule under which you signed up for services, or annually as of the date the Services were established on your behalf until closure notice is given. If you choose to pay by credit or debit card you authorize Site Hook to debit your account renewal fees from your card.

4.3. All payments must be in US Dollars.

4.4. If your check or electronic payment is returned by the bank as unpaid for any reason, you will be liable for a "returned check" charge of $45.

4.5. Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, Site Hook shall be entitled forthwith to suspend the provision of Services to you.

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5. Termination.

5.1. If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

5.2. If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

5.3. If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.

5.4. No refunds will be made for Services suspended in accordance with articles 5.1, 5.2 and 5.3.

5.5. We reserve the right to suspend the Services and/or terminate this Agreement at any time. In the event of said suspension or termination by us, you will be entitled to a pro rata refund based upon the remaining period of membership.

5.6. You may cancel Hosting Services at any time; however, in no event shall set-up fees be refunded after the first 30 days of Hosting Services.

5.6.1. Site Hook offers a 14-day non-conditional guarantee on Web hosting. If you are dissatisfied with our Web hosting service during the first 14 days, you may cancel service at which time we will provide a full refund.

5.7. All refund requests must be submitted formally via our support desk. The information provided must be complete and 100% accurate. If the submitted information is not accurate and is not fully complete, then your request for a refund will be declined.

5.8. Where payment has been made by credit card, debit card, electronic funds transfer, or PayPal, any refund will only be issued back to the same credit card, debit card, transferring bank account or PayPal as the case may be.

5.9. On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.

5.11. Other refund stipulations:
  1. Domain purchases, dedicated servers, SSL certificates, 3rd party software and anything other than hosting services are not refundable.
  2. You must qualify for a refund before submitting a request. Otherwise the refund request will ve null and void.
  3. The following qualify for a refund:
    - Less than 99.9% server uptime
    - You are requesting a refund under our 14 day money back guarantee and thus you have had your account for no longer than 14 days with Site Hook.
  4. If you are requesting a refund because we did not provide 99.9% uptime, then you must submit the request within 3 days of the incident, otherwise your right for a refund on that incident will be null and void.
  5. You must allow up to 30 days for a refund to be processed.
  6. Site Hook reserves the right to refuse a refund if it believes it is not justified.

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6. Indemnity.

6.1. You shall defend, indemnify, save and hold harmless Site Hook from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.

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7. Limitation of Liability.

7.1. All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to sub-clause.

7.2. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.

7.3. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.

7.4. In any event no claim shall be brought unless you have notified us of the claim within six (6) months of it arising.

7.5. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

7.6. You are responsible for monitoring Bandwidth and Disk space usage of your site. This is easily done from your Control Panel. If you go over the amount indicated in your current plan, you will be assessed a surcharge as set forth in subparagraph 2.3.5.

7.7. You shall defend, indemnify, save and hold harmless Site Hook from ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEYS' FEES ASSERTED AGAINST SITE HOOK, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY MEMBER, ITS AGENTS, EMPLOYEES OR ASSIGNS. MEMBER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS SITE HOOK AGAINST LIABILITIES ARISING OUT OF: (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH SITE HOOK SERVER; (2) ANY MATERIAL SUPPLIED BY MEMBER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; (3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO MEMBER FROM SITE HOOK SERVER.

7.8. Member releases Site Hook from all responsibility for any damages Member's business may suffer. Site Hook will makes no warranties of any kind, expressed or implied for services we provide. Site Hook disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Site Hook and its employees and/or agents.

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8. Notices.

8.1. Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.

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9. Support.

9.1. The 24/7 support desk feature exists to solve server-related and site maintenance problems only except as indicated in Paragraph 9.6 below.

9.2. Site Hook has no guaranteed response time but we aim to respond within 24 hours. To best serve all of our Members, Site Hook reserves the right to prioritize support requests in order of importance at our sole discretion.

9.3. Support questions can only be addressed in English.

9.4. Each site hosted by us includes a control panel to get your Web site up and running. Information pertaining to your account and how to access your control panel is included in the Welcome Letter you received when we created your account.

9.5. While we welcome email from our Members, all server-related Support requests are to be processed through our Support System. Any other requests for server-related support will be considered a breach of our TOS.

9.6. For issues regarding web design, text or image changes, deletions, software installation, or other services not related to server performance, Members may submit a non-urgent support ticket which will be responded to between the hours of 9-5 EST, Monday through Friday, except for vacations and holidays.

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10. Law.

10.1. This Agreement shall be governed by and construed in accordance with United States law and the laws governing the state of Florida. You hereby submit to the non-exclusive jurisdiction of the U.S. courts.

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11. Headings.

11.1. Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

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12. Torturous Conduct.

12.1. No one shall post defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.

12.2. Any abuse towards any Site Hook officer or employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner. When emailing Site Hook or utilizing the Ticket Desk Support System, refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behavior aimed at Site Hook or its employees shall be considered a violation of this TOS.

12.3. Any threat, whether verbal, oral, written, or delivered by second parties directed towards Site Hook or any of its employees, partners, equipment, or concerns shall be construed as a violation of this TOS.

12.4. Any conduct viewed as violating this section shall be considered a violation of this TOS. Site Hook will be the sole arbitrator in regards to what is deemed a violation.

12.5. No refunds shall be given when the contents of this section necessitate removal of the account.

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13. Entire Agreement.

13.1. These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.

13.2. Site Hook reserves the right to amend these Terms of Service at any time.

13.3. It is your responsibility to check these Terms of Service on occasion for any such amendments.

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