Terms of Service
1. General:
1.1. Site Tech Support provides each of its services
(“Services”) to you under the terms set forth in certain
agreements with you, each of which incorporates this
Terms of Service Agreement (referred to in this document
as “TOS”) by reference. Any reference to “this TOS”
shall be interpreted to mean this TOS and any agreement
in which it is incorporated. In addition, the Site Tech
Support Legal Infringement Policy, Privacy Policy, Price
Match Policy, and Special Discount Pricing Policy are
each hereby incorporated into this TOS by reference.
Please carefully read the TOS, the Legal Infringement
Policy, the Privacy Policy, the Price Match Policy,
Special Discount Pricing Policy and each agreement that
is applicable to you.
1.2. If we provide or resell certain software or
services to you, you understand and agree that you may
be bound by additional terms and conditions imposed by
applicable thirdparty resellers or licensors, which are
also incorporated herein by reference.
1.3. Your use of the Services constitutes your agreement
to abide by the laws of the United States and of the
state and country in which you reside, including, but
not limited to, all intellectual property laws, tariff
regulations, export controls, treaties, and
international laws.
1.4. If you do not agree to abide by this TOS, you are
prohibited from using the Services. This TOS is not a
complete representation of all Site Tech Support
policies or the implementation of all such policies.
1.5. We may periodically change, modify, or update this
TOS without notice to you. Your continued use of the
Services after we post a changed, modified, or updated
TOS serves as your acceptance of those updated policies.
Please refer to this TOS regularly to remain updated
about our current policies.
1.6. This TOS was updated on or about March 15, 2011.
2. Restrictions: You agree that you will NOT use the
Services to:
2.1. Violate any applicable state or federal law and
regulation, including, but not limited to, any
copyright, trademark, patent, anti-piracy, or other
intellectual property law or regulation, or encourage or
enable others to violate any such law or regulation.
2.2. Transmit, distribute, post, store, link, or
otherwise traffic in information, software, or materials
that is offensive, abusive, inappropriate, malicious, or
detrimental, including, but not limited to, those that:
2.2.1. are
pornographic, obscene, fraudulent, or discriminatory,
including any containing nudity, erotica, profanity, or
obscenities.
2.2.2. Encourage, glorify, or promote illegal activity,
violence, cruelty, discrimination, or Ponzi-type
schemes. Copyright © 2011 Site Tech Support. All rights
reserved. 1067 N Main Street, Suite 227, Nicholasville,
KY 40356 2.2.3. Exploit children, facilitate phishing,
hacking, or identity theft, or defame, threaten, harass
any person or group, or attempt to impersonate the
identity of a third party.
2.2.4. Infringe upon a third party business,
contractual, privacy, or fiduciary right.
2.2.5. Contain malicious or applications code of any
type.
2.2.6. Make or facilitate any form of computer, server,
or network attack or disruption.
2.2.7. Compromise, disrupt, or degrade the normal and
proper operation of any computer, server, or internet
system, including Site Tech Support’s systems.
2.3. Send, post, host, or enable any offensive, abusive,
inappropriate, malicious, or detrimental e-mails, blog
postings, or instant messages, including, but not
limited to, any types of mail-bombs or SPAM (“SPAM” is
defined as any type of unsolicited e-mail that does not
utilize “Double Opt-In/Single Opt-Out” methodologies).
2.4. Use or provide open proxies or Internet Relay Chat
(“IRC”).
3. Acceptable Use:
3.1. You represent and warrant that all information that
you provide to Site Tech Support to open or update your
Site Tech Support account including but not limited to
your name, business name, address, e-mail address,
telephone number, credit card, and/or ACH/Bank
information (“Contact Information”), is accurate and
complete. In addition, (a) you agree that you will at
all times keep your Contact Information accurate,
complete, and up-to-date, (b) you understand that your
failure to do so may result in suspension of all of your
Site Tech Support Services or cancellation of all of
your Site Tech Support Services and termination of this
TOS, and (c) you understand that you will be solely
liable for your inability or failure to receive e-mail
or other communications from us due to your failure to
keep your Contact Information accurate, complete, and
up-to-date.
3.2. By providing us with your e-mail address, you
thereby agree that we may send you service-related or
other notices by e-mail rather than by postal mail.
3.3. You agree that you will not share your account
passphrase, password, security question answers, or any
other confidential information about your account with
any other person or persons, that you will be solely
liable for any actions taken by such person or persons,
and that we will not be liable for any actions taken by
such person or persons.
3.4. If you provide us with a business name for your
account, we will consider that business to be the owner
of the account and may require certain change
authorizations from an officer (if a corporation),
authorized member (if a limited liability company),
partner (if a partnership), or owner (if a sole
proprietorship) of the business. If you do not provide
us with a business name for your account, we will
consider you to be the owner of the account and we may
require certain change authorizations from you.
3.5. You understand and agree that (a) Site Tech Support
or any applicable licensor retains all rights, title,
and interest in and to any computer programming,
formatting code, operating instructions, or other
software used in providing the Services to you
(“Programming”) and (b) that you will not reverse
engineer, disassemble, decompile, or otherwise attempt
to derive any source code of the Programming.
3.6. You understand and agree that we may access your
server without notice to you in the event of an actual
or suspected violation of this TOS or to otherwise
maintain and protect the security and reliability of our
network. You also agree to keep your administrative
access credentials in SiteTechSupport.com complete and
up to date. Copyright © 2011 Site Tech Support. All
rights reserved. 1067 N Main Street, Suite 227,
Nicholasville, KY 40356
3.7. You understand and agree that if you do not respond
within three (3) calendar days to a Site Tech
Support-generated abuse-related inquiry sent to you
that, in addition to other rights we have under this TOS
or otherwise, at the end of the three (3) calendar days
Site Tech Support may suspend all of your Site Tech
Support Services or cancel all of your Site Tech Support
Services and terminate this TOS without further notice
or obligation to you.
3.8. You understand and agree that initiating a
“chargeback” to your credit card, to your PayPal®
account, or via ACH for services provided to you by Site
Tech Support shall be a violation of this TOS.
3.9. You agree to conduct yourself in a professional
manner at all times when interacting with Site Tech
Support employees. You understand and agree that abusing
Site Tech Support employees, whether by lying, cursing,
yelling, threatening, or otherwise, whether over the
telephone, via e-mail or chat, or when submitting
on-line tickets, shall be a violation of this TOS and
may be grounds for suspension of all of your Site Tech
Support Services or cancellation of all of your Site
Tech Support Services and termination of this TOS. In
addition, making threats of physical violence, either
against Site Tech Support, its facilities, or any of its
shareholders, directors, officers, employees,
contractors, or agents will be promptly reported to the
authorities and will be grounds for immediate
termination of this TOS.
4. Fees and Billing:
4.1. You agree to pay for the applicable fee or fees for
each of the Services you order or select, including but
not limited to all setup fees, monthly fees, quarterly
fees, annual fees, usage fees, web traffic fees, late
fees, hourly-rate fees, or other fees.
4.2. We accept payments by credit card, check, e-check,
PayPal®, or wire transfer, except that (a) customers
paying by check or wire transfer will be charged an
additional processing fee of $10.00 for each payment
made and (b) customers paying by wire transfer will be
charged a wire transfer fee of $15.00 for each payment
made.
4.3. Applicable setup fees and the fees due for your
first service term (first month, first quarter, or first
year, etc.) are both due on your initial Services start
date. Site Tech Support may change the pricing for new
Services at any time and for existing services at the
beginning of any new billing period.
4.4. You understand and agree that no refunds or
reimbursements, in full or in part, will be paid to you
at any time.
4.5. Each of your Site Tech Support Services will be
automatically renewed on the anniversary date (monthly,
quarterly, annually, or otherwise, whichever is
applicable) of the start or last renewal date of that
specific Site Tech Support Service (“Anniversary Date”).
If Site Tech Support has a valid credit card or current
ACH instructions/banking information on file for your
account on a Service’s Anniversary Date your credit card
or bank account will be automatically charged at that
time for the cost of renewing the Service through its
next Anniversary Date. If Site Tech Support does not
have a valid credit card or current ACH
instructions/banking information on file for your
account on a Service’s Anniversary Date your Site Tech
Support account will be automatically charged at that
time for the cost of renewing the Service through its
next Anniversary Date and you will be liable for those
fees.
4.6. You are liable for all unpaid amounts due on your
account even if Site Tech Support cancels your Services
or terminates this TOS partway through a billing cycle.
Site Tech Support may charge your account late fees for
overdue payments and Site Tech Support may charge you
interest on Copyright © 2011 Site Tech Support. All
rights reserved. 1067 N Main Street, Suite 227,
Nicholasville, KY 40356 unpaid balances at the rate of
1.5% per month or the maximum rate allowed by law. In
addition, your equipment, domains, web content, or other
assets may be retained by Site Tech Support as
collateral for unpaid charges and penalties until such
charges and penalties are paid in full. Also, Site Tech
Support may use a third-party service to collect unpaid
amounts and may charge you attorneys, collection, or
other reasonable fees incurred to collect unpaid
balances.
4.7. If you elect to change your payment frequency in
the middle of a billing cycle, (a) the change must be
submitted in the form of a SiteTechSupport.com ticket to
billing at least seven (7) days before the upcoming
Anniversary Date of your Site Tech Support Services, (b)
the change will not take effect until after the end of
your current billing cycle and (c) discounts
specifically applicable to your old billing cycle will
not apply to your new billing cycle. For example, if you
elect to change from paying annually to paying monthly
(a) the change will only take effect at the end of your
current annual term and (b) discounts that you received
because you were paying annually will no longer be
available to you.
4.8. If you dispute a charge, to avoid interruption of
your Services you must (a) pay the entire amount
invoiced to you by its due date and (b) notify the Site
Tech Support billing department about the disputed
amount. If Site Tech Support validates your claim, your
account will be credited with the validated amount.
4.9. You specifically understand and agree that for each
(a) returned check or (b) Site Tech Support fee that you
“chargeback” to your credit card, to your PayPal®
account, or via ACH that will be liable to Site Tech
Support (and Site Tech Support may collect from you) a
“Returned Check Fee” or “Chargeback Fee,” as the case
may be, in the amount of $35.00.
4.10. Charges for bundled Services will be “unbundled”
if you cancel any part of the bundle of Services. For
example, if you receive a free SSL certificate as part
of a “bundled” package and you then cancel one or more
of the “bundled” services in your selected package you
will be charged at that time for the SSL certificate.
4.11. You understand and agree that you are responsible
for any network bandwidth charges, memory over usage
charges, or other overage charges you incur for using
the Services, even if such overages arise because your
server or account is compromised or “hacked.” 4.12. You
understand and agree that you will be automatically be
assessed a charge of $50.00 for (a) each IP address
assigned to your account that, in Site Tech Support’s
reasonable discretion, is blacklisted or, if your
account is closed, was blacklisted, and for (b) each IP
address which was blacklisted because of your action or
inaction, even if it was not assigned to your account or
if your account has been closed.
4.13. You must notify Site Tech Support about any
disputed billing charges related to your account within
thirty (30) days. If Site Tech Support, in its
reasonable discretion, validates your claim, your
account will be credited with the validated amount. In
addition, you understand and agree that Site Tech
Support will not be liable for any claim, charge, or
other liability of any type related to the Services
after a period of one (1) year from when the specific
Services were provided.
5. Term and Termination:
5.1. This TOS will become effective when: Copyright ©
2011 Site Tech Support. All rights reserved. 1067 N Main
Street, Suite 227, Nicholasville, KY 40356
5.1.1. For Site Tech Support “click-through” agreements,
when you “Accept” online the agreement into which this
TOS is incorporated.
5.1.2. For Site Tech Support agreements you physically
sign, when you affix your signature and return the
executed agreement to Site Tech Support.
5.1.3. For Site Tech Support agreements you sign
electronically, when the electronic signature process is
complete.
5.2. This TOS will remain in effect until it is
terminated by either party under its terms. Termination
of this TOS will automatically terminate each agreement
into which it is incorporated.
6. Cancellation:
6.1. To cancel any of your Site Tech Support Services or
terminate this TOS (a) your account must be paid in full
and be in good standing and (b) you must provide Site
Tech Support seven (7) days notice. Site Tech Support
can only accept cancellation and termination
instructions submitted through SiteTechSupport.com. We
are unable to accept any cancellation or termination
instructions submitted to us in any other manner.
6.2. If you provide cancellation or termination notice
to Site Tech Support less than seven (7) days before the
upcoming Anniversary Date of your Site Tech Support
Services (a) on that Anniversary Date you will still be
automatically charged for the cost of renewing your Site
Tech Support Services through their next Anniversary
Date and (b) you will not be eligible to receive any
refund, either in part of in full, for any of the amount
charged to you on that Anniversary Date.
6.3. Site Tech Support may unilaterally cancel your Site
Tech Support Services and terminate this TOS at anytime
for any reason without compensation to you upon ten (10)
days written notice to you sent to the address or e-mail
address you currently have on file with Site Tech
Support. Also, Site Tech Support may refuse to open a
new account for any person or entity.
6.4. Site Tech Support may, immediately and without
notice or obligation to you, unilaterally suspend all of
your Site Tech Support Services or cancel all of your
Site Tech Support Services and terminate this TOS if (a)
payment for Services is not received by the Anniversary
Date of the start or last renewal date of any Site Tech
Support Service or (b) we determine, in our sole
discretion, that you have or it is alleged that you have
otherwise violated this TOS.
6.5. You understand and agree that upon cancellation of
your Site Tech Support Services and termination of this
TOS that Site Tech Support has the right to immediately
bar your access to your server or account and/or delete
any and all content on or related to your server or
account.
6.6. Server Protection Plan:
7.1. General: If you (a) purchase the Site Tech Support
Server Protection Plan (“SPP”) and (b) your Site Tech
Support server is compromised by a third party, Site
Tech Support will, at no charge to you, (a) reinstall
your operating system and (b) waive any bandwidth
overage charges you may have incurred due to the server
compromise.
7.2. Limitations:
The following limitations apply to the SPP: Copyright ©
2011 Site Tech Support. All rights reserved. 1067 N Main
Street, Suite 227, Nicholasville, KY 40356 7.2.1. You
must notify Site Tech Support that your server has been
compromised by submitting a ticket at
SiteTechSupport.com no more than fourteen (14) days
after your last billing date.
7.2.2. Site Tech Support must be able to confirm to its
sole satisfaction that your server has been compromised.
7.2.3. Site Tech Support will NOT reimburse you for any
bandwidth overage charges that directly result from your
own actions.
7.2.4. At no time will Site Tech Support backup,
recover, or reinstall any of your data or be liable for
any data loss you may incur at any time.
7.2.5. Site Tech Support may terminate SPP service for
your account at any time if, in its sole discretion, it
appears that your server has been compromised more than
once.
7.2.6. Site Tech Support may refuse to add the SPP
service to any account for any reason.
8. Limitations:
8.1. IN NO EVENT WILL Site Tech Support's LIABILITY TO
YOU IN THE AGGREGATE FOR ANY AND ALL BREACHES, DEFAULTS,
OR CLAIM OF LIABILITY UNDER THIS TOS OR AN AGREEMENT
INCORPORATED INTO THIS TOS OR FOR AN AGREEMENT INTO
WHICH THIS TOS IS INCORPORATED BE EQUAL TO AN AMOUNT
GREATER THAN THE FEES PAID BY YOU TO Site Tech Support
DURING THE ONE (1) CALENDAR MONTH PERIOD PRECEDING THE
DATE OF THE EVENT GIVING RISE TO SUCH CLAIM OF
LIABILITY.
8.2. IN NO EVENT WILL Site Tech Support, ITS PARENTS,
SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS,
OFFICERS, CONTRACTORS OR EMPLOYEES BE LIABLE TO YOU
UNDER ANY CIRCUMSTANCES FOR ANY THIRD PARTY, SPECIAL,
EXEMPLARY, PUNITIVE, INDIRECT, MULTIPLE, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
ANY LOSS OF DATA, LOSS OF USE, OR INTERRUPTION OF
BUSINESS) ARISING OUT OF, OR IN CONNECTION WITH, THIS
TOS OR AN AGREEMENT INCORPORATED INTO THIS TOS OR FOR AN
AGREEMENT INTO WHICH THIS TOS IS INCORPORATED WHETHER
BASED IN CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT,
BREACH OF ANY STATUTORY DUTY, THE FAILURE OF ANY LIMITED
OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE,
STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE
GROUNDS, EVEN IF Site Tech Support HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. Copyright © 2011 Site
Tech Support. All rights reserved. 1067 N Main Street,
Suite 227, Nicholasville, KY 40356 YOU ACKNOWLEDGE THAT
THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS TOS
AND WITHOUT SUCH LIMITATIONS SITE TECH SUPPORT WOULD NOT
ENTER INTO THIS TOS.
8.3. WE DO NOT WARRANT THAT THE SERVICES WILL BE FREE OF
ERRORS, BE UNINTERRUPTED, OR WILL MEET YOUR
REQUIREMENTS. THE SERVICES ARE PROVIDED ON AN “AS IS”
BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES,
CONDITIONS, AND INDEMNITIES, EXPRESS, IMPLIED OR
STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY ARISING
FROM THE COURSE OF PERFORMANCE OR COURSE OF DEALING. YOU
UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY
TEMPORARY DELAY, OUTAGE, OR INTERRUPTION OF THE
SERVICES, AND YOU HAVE NOT ENTERED INTO THIS TOS IN
RELIANCE UPON ANY WARRANTY OR REPRESENTATION EXCEPT
THOSE SPECIFICALLY SET FORTH HEREIN. ALL SERVICES
PROVIDED UNDER THIS TOS WILL BE DEEMED ACCEPTED WHEN
DELIVERED.
8.4. YOU HEREBY KNOWINGLY, VOLUNTARILY, AND
INTENTIONALLY WAIVE ANY RIGHTS YOU MAY HAVE TO A TRIAL
BY JURY IN ANY LAWSUIT OR PROCEEDING RELATING TO OR
ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS TOS,
WHETHER ARISING OUT OF CONTRACT, TORT OR OTHERWISE.
8.5. You agree to indemnify, defend by counsel
reasonably accepted to Site Tech Support, and protect
and hold Site Tech Support harmless from and against any
and all claims, liabilities, losses, costs, damages,
expenses, including consultants' and attorneys' fees and
court costs, demands, causes of action, judgments, etc.
directly or indirectly arising out of or related to the
Services.
8.6. Nothing in this TOS shall be construed as creating
a joint venture, partnership, agency, employment,
franchise, or other relationship between you and Site
Tech Support. Also, neither party to this TOS shall have
the right, power or authority to create any obligations
or duty, express or implied, on behalf of the other.
9. Miscellaneous:
9.1. This TOS may not be assigned by you without our
express written consent. Site Tech Support may assign
any or all of its rights and obligations to others at
any time.
9.2. This TOS is the final expression of the agreement
between you and Site Tech Support regarding the
Services. This TOS may not be modified or amended, nor
may it be modified by custom and usage of trade or
course of dealing, except by an instrument in writing
and signed by you and Site Tech Support.
9.3. Site Tech Support’s waiver of your breach of any
portion of this TOS shall not operate or be construed as
its waiver of any subsequent breach of the same
provision or any other portion of this TOS and no remedy
available to Site Tech Support hereunder is exclusive of
any other remedy available to Site Tech Support
hereunder or otherwise available at law or in equity.
9.4. If any provision of this TOS or its application is
held by a court of competent jurisdiction to be invalid,
unenforceable, or void, the remainder of this TOS shall
remain in full force and effect enforced to fullest
extent consistent with applicable law.
9.5. You agree that you will not solicit Site Tech
Support employees as your employees or contractors. You
represent and warrant that you have full power to enter
into this TOS and any agreement into which this TOS is
incorporated by reference. Copyright © 2011 Site Tech
Support. All rights reserved. 1067 N Main Street, Suite
227, Nicholasville, KY 40356
9.6. The section headings contained herein are for
reference purposes and convenience only and shall not in
any way affect the meaning or interpretation of this
TOS.
9.7. Site Tech Support shall not be deemed to be in
default of or to have breached any provision of this TOS
as a result of any delay, failure in performance or
interruption of the Services, resulting directly or
indirectly from acts of God, acts of civil or military
authority, civil disturbance, war, strikes or other
labor disputes and disturbances, fire, transportation
contingencies, shortages of facilities, fuel, energy,
labor or materials, or laws, regulations, acts or order
of any government agency or official thereof, other
catastrophes, or any other circumstances beyond our
reasonable control.
9.8. This TOS shall be binding on you and Site Tech
Support and your or its successors and assigns, and
shall be governed by the laws of the state of Kentucky
without giving effect to such laws' provisions regarding
conflict of laws. Any action arising out of or related
to this TOS shall be brought in the Kentucky state
courts located in Jessamine County, KY, USA or the
Federal court located in Nicholasville, Kentucky, USA
and each party consents to the jurisdiction and venue of
these courts. Each party expressly disclaims application
of the United Nations Convention on Contracts for the
International Sale of Goods to this TOS.
9.9. Sections 1.2, 3.2, 3.5, 4.1, 4.6, 4.9, 4.11- 4.14,
5.1, 5.2, 6.1, 6.2, 6.5, 6.6, 7.2, 8, 9, and 10 shall
survive termination of this TOS.
Copyright © 2011 Site Tech Support. All rights reserved. |
