The following terms of service govern the provision by SiteGui of the SiteGui's services and products (hereinafter referred to as "Services and Products") to the customer ( hereinafter referred to as "Customer"). By placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by SiteGui, Customer agrees to be bound by the terms herein outlined. No modifications of said contract by Customer is allowed. Questions or comments regarding this document should be forwarded to SiteGui
If Customer violates these Terms of Service, SiteGui reserves the right to terminate Services and Products without notice. SiteGui may advise Customer of inappropriate behavior and any necessary corrective action, however based on the nature of the violation, could result in immediate termination of service.
1. Customer Responsibility:
1.1. Customer is solely responsible for the content stored on and served by SiteGui's servers.
1.2. Customer must provide SiteGui with, and keep current, good contact information. E-mail, fax, and telephone contacts are used, in that order of preference.
1.3. Customer is responsible for any misuse of Customer's account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, Customer must take steps to ensure that others do not gain unauthorized access to Customer's account.
1.4. Customer may not use Customer's account to breach security of another account or attempt to gain unauthorized access to another network or server.
2. Payments and Fees:
2.1. Establishment of Services and Products is contingent upon receipt of payment from Customer to SiteGui. Subsequent payments are due on the anniversary date of the month for that month’s service, unless Customer requests all monthly payments to be consolidated to one specific billing date. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.
2.2. Payment is due on the defined monthly recurring billing date of each month. Services and Products will be interrupted on accounts that reach 15 days past due. Services and Products interrupted for nonpayment is subject to a $25.00 reconnect charge. Accounts not paid by due date are subject to a $10 late fee. Accounts that are not collectable by SiteGui will be turned over to an outside agency for collection. If Customer's account is turned over for collection, Customer agrees to paySiteGui a “Processing and Collection” Fee of not less than Fifty ($50.00) nor more than One Hundred, Fifty($150.00)
2.3. SiteGui may temporarily deny Services and Products or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.
2.4. By providing your credit card information and opting to save it for future use, you authorize SiteGUI to automatically charge your stored credit card for future transactions as per your instructions. This authorization remains in effect until you remove your credit card information or notify us in writing to revoke your authorization.
2.4.1. Consent to Store Credit Card Information
By providing your credit card information and opting to save it for future use, you consent to SiteGUI storing your credit card details securely through Stripe. This includes but is not limited to your credit card number, expiration date, and billing address.
2.4.2. Usage of Stored Credit Card Information
Your stored credit card information will be used solely for processing payments for future purchases or recurring payments for services provided by SiteGUI. You authorize SiteGUI to charge your stored credit card for any future purchases or recurring payments as per your instructions.
2.4.3. Security Measures
We take the security of your credit card information seriously. Your credit card details are encrypted and stored securely by Stripe, which complies with the Payment Card Industry Data Security Standards (PCI DSS) to ensure the protection of your information. SiteGUI does not store your credit card information directly on its servers.
2.4.4. Stripe's Role
Stripe is a third-party payment processor that handles the secure storage and processing of your credit card information. By agreeing to these terms, you also agree to Stripe's Services Agreement and Privacy Policy.
2.4.5. Removing Your Credit Card Information
You have the right to remove your saved credit card information at any time. This can be done through your account settings on our website or by contacting our customer service team. Upon removal, your credit card information will no longer be used for future payments.
2.4.6. Liability
SiteGUI is not responsible for any unauthorized use of your credit card information. It is your responsibility to ensure that your account login details are kept secure and confidential.
3. Prohibited Uses of Services and Products
Customer may only use Services and Products in a manner that, in the SiteGui's sole judgment, is consistent with the purposes of such Services and Products. If Customer is unsure of whether any contemplated use or action is permitted, please contact SiteGui. By way of example, and not limitation, uses described below of the Services and Products are expressly prohibited.
3.1 General3.1.1. Illegal Activities: Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. SiteGui reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.3.2. System and Network Abuse
3.1.2. Harm or Endangerment to other people: Customer shall not use Services or Products to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, or transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.1
3.1.3. Copyright or trademark infringement: Customer shall not use Services or Products to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Customer shall not use Services or Products to collect, or attempt to collect, personal information about third parties without their knowledge or consent. Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following:3.3. SPAM and Unsolicited Commercial Email (UCE) Policy:
3.2.1. Introduction of malicious programs into the SiteGui's network or servers (e.g., viruses and worms).
3.2.2. Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which Customer is not an intended recipient or logging into a server or account that Customer is not expressly authorized to access. Disruption includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information.
3.2.3. Executing any form of network monitoring which will intercept data not intended for Customer's server.
3.2.4. Circumventing user authentication or security of any host, network or account.
3.2.5. Interfering with or denying service to any user other than Customer's host (for example, denial of service attack).
3.2.6. Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable, a user's terminal session, via any means, locally or via the Internet.
3.2.7. Creating an "active" full time connection by using artificial means involving software, programming or any other method.
3.2.8. Any attempt to circumvent or alter monitoring, bandwidth tracking or utilization reporting, or other actions which have the effect of complicating the normal operational procedures of SiteGui, including but not limited to altering, removing or in any way modifying or tampering with SiteGui created log files.
3.2.9. Any action which SiteGui determines, in its own judgment, will reflect poorly on SiteGui or negatively impact its operations.
3.2.10. Any action which SiteGui deems to be an unacceptable use of resources, business practice or otherwise unacceptable to SiteGui.SiteGui takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over its network. Very simply this means that Customer may not use or permit others to use SiteGui's network to transact in UCE. Reseller of SiteGui may not host, or permit hosting of, sites or information that is advertised by UCE from other networks.3.4. Scripts, Background Running Programs and Cron Jobs
Violations of this policy carry severe penalties, including termination of service.Violation of this SPAM policy will result in severe penalties. Upon notification of an alleged violation of its SPAM policy, SiteGui will initiate an immediate investigation (within 48 hours of notification). During the investigation, SiteGui may restrict Customer access to the network to prevent further violations. If Customer is found to be in violation of SiteGui's SPAM policy, SiteGui may, at its sole discretion, restrict, suspend or terminate Customer's account. Further, SiteGui reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. SiteGui will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an "Administrative Fee" of $50 and Customer's account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $200 and immediate termination of Customer's account. PLEASE, DO NOT SPAM.Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. SiteGui does not permit scripts & programs sharing with domains not hosted by SiteGui or any scripts & programs that may be abused for UCE purposes.3.5. Chat Rooms and IRCSiteGui does not allow Customer to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. However, SiteGui provides other chat rooms that meet most users' needs and run without hindering system performance.3.6. Backups
SiteGui does not allow IRC or IRC bots to be operated on SiteGui's servers.SiteGui's hosting accounts include a nightly backup service, however these backups are for SiteGui's administrative purposes only, and are in NO WAY GUARANTEED! Customer is responsible for maintaining their own backups on their own personal computers. SiteGui does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on SiteGui's part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.3.7. Prohibited Scripts and Programs:The following scripts are banned because they are either resource hogs or harmful:
IRC, Game or Chat software
UltimateBBS (all versions)
Ikonboard (all CGI versions)
IRC Egg Drops
Proxy Servers
nph-proxy
The Anonymizer
Any soap mailers
Auto email capturing script
SafeLists
formmail.pl - Please use provided formmail script!
Shell Alternatives
4. Money Back Guarantee
Every shared hosting account ordered from SiteGui comes with a 30 Day Money Back Guarantee. In the event that Customer wishes to cancel Services and Products within the first 30 days, SiteGui will refund all fees paid to Customer except domain name registration fees, over-usage fees for disk space and bandwidth and dedicated server rental fees, they are nonrefundable.
5. Account Termination
5.1 SiteGui reserves the right to refuse, cancel or suspend service at its sole discretion in the judgment of network administrators Customer's account is the source or target of the violation of any of the other terms of the TOS or for any other reason which SiteGui chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. Customer will not be credited for the time the customer's machines were suspended.
5.2. Customer may terminate an account with SiteGui, given that the following provisions are meeting:5.2.1. Account is in good standing, all payments have been made.
5.2.2. Account does not host content which is not allowed on SiteGui hosting network or servers.
5.2.3. Account has no pending warnings / complaints.
6. Indemnification:
Customer agrees that it shall defend and hold SiteGui harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against SiteGui, 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 customer, its employees or assigns. SiteGui reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer
7. Miscellaneous Provisions:
A waiver by SiteGui of any breach of any provision of this Agreement by Customer shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Customer shall not transfer or assign this Agreement without the prior written consent of SiteGui. SiteGui may assign Agreement at anytime without consent from or notice to Customer. SiteGui reserves right to cancel Customer rights under this contract at anytime without further obligation.
SiteGui takes no responsibility for any material input by others and not posted to SiteGui Network by SiteGui. SiteGui is not responsible for the content of any other websites linked to SiteGui; links are provided as Internet navigation tools only. SiteGui disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
SiteGui is not responsible for any damages your business may suffer. SiteGui does not make implied or written warranties for any of its services. SiteGui denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by SiteGui.
8. Revisions to the Terms of Service
SiteGui reserves the right to revise, amend, or modify this TOS and its other policies and agreements at any time and in any manner and any such modification shall be automatically effective as to all customers when adopted by SiteGui and published here.
