Tos

The use of services from SightHost constitutes agreement to these terms.


1.) Definitions/ Use of Site

SightHost is a web site hosting provider. SightHost sells domains, web space and other related products and services. SightHost is a subsidiary of Trek3D, LLC. In order to use SightHost's website and it's related products and services, you must agree to these terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. SightHost MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

You must be able to enter into a legal agreement in order to purchase from this website.

2.) Account Setup / Email on File

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Transfers
Our transfers team will make every effort to help you move your site to us, however, we can not make guarantees of the transfer process. We provide this as a courtesy service and can not make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently. We will try our best, however, in some cases we may be unable to assist you in a transfer of data from an old host.

3.) Content

All services provided by SightHost may only be used for lawful purposes. The laws of the State of Virginia and the United States of America apply.

The customer agrees to indemnify and hold harmless SightHost from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email abuse@sighthost.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.

Examples of unacceptable material include:

IRC Bots

Proxy Scripts / Anonymizers

Pirated Software / Warez

".img" / image hosting only sites that do not host an actual domain name

Escrow

High-Yield Interest Programs(HYIP) or related sites

Investment sites (FOREX, egold exchange)

AutoSurf sites

Bank Debentures

Bank Debenture Trading Programs

Prime Banks Programs

lottery sites

muds / rpg's

hate sites

hacker focused sites/archives/programs

child pornography/ content perceived to be child pornography (Lolita)

other sites promoting illegal activities

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us at abuse@sighthost.com and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.


4.) Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double optin" will be treated as spam. Any user who sends out spam will have their account terminated without notice.

"Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Please read http://www.sighthost.com/mailpolicy.html for our generalized mail policy.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups.

No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

SightHost reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

SightHost reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of SightHost.

We reserve 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. We also reserves the right to make any such modifications in an emergency at our sole discretion.

We  reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of SightHost.

5.) Payment Information

You agree to supply appropriate payment for the services received from SightHost, in advance of the time period during which such services are provided. You agree that until and unless you notify SightHost of your desire to cancel any or all services received, those services will be billed on a recurring basis. Cancellations must be done in writing via the cancellation form provided. Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact support@sighthost.com

SightHost reserves the right to change the monthly payment amount and any other charges at anytime.

6.) Backups and Data Loss

Your use of the service is at your sole risk. SightHost is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on SightHost servers.

7.) Cancellation and Refunds

SightHost reserves the right to cancel the account at any time with or without notice.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

Customers may cancel at any time via a cancellation form. SightHost gives you an unconditional 30 day money back guarantee on our hosting plans. There are no refunds on administrative fees, install fees for custom software, or domain name purchases.

Refund requests after 30 days will be refunded on a prorated basis of any unused time.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Violations of the Terms of Service will waive the refund policy.

8.) Resource Usage
User may not:

 

Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

 

Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.

 

Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

 

Run any software that interfaces with an IRC (Internet Relay Chat) network.

 

Run any bit torrent application, tracker, or client.

 

Participate in any file-sharing/peer-to-peer activities

 

Run any gaming servers such as counter-strike, half-life, battlefield1492, etc

 

Run cron entries with intervals of less than 15 minutes

When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

9.) Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

10.) Money back Guarantee

Each of SightHost's managed shared and reseller servers carry a 30 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to administrative fees, install fees for custom software, or domain name purchases.

11.) Price Change

The amount you pay for hosting may increase from the date of purchase. However, we will always notify you at least 30 days in advance if the price of a web hosting plan is about to change. You will be given the option to cancel your account or to continue with your current hosting plan or upgrade/downgrade your hosting plan. We reserve the right to change prices listed on our site, and the right to increase the amount of resources given to plans at any time.

12.) Indemnification

Customer agrees that it shall defend, indemnify, save and hold SightHost harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against SightHost, 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 customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless SightHost against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with SightHost; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from SightHost's server.


13.) Arbitration

By using any SightHost services, you agree to binding arbitration. If any disputes or claims arise against Trek 3D or its subsidiaries, such disputes will be handled by an arbitrator of Trek 3D's choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.

14.) Disclaimer

IN NO EVENT SHALL SightHost BE LIABLE TO YOU OR ANY OTHER PERSON OR COMPANY FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF SightHost HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, SightHost’s liability is limited to the full extent permitted by law. You agree that in no event shall SightHost’s maximum aggregate liability exceed the total amount paid by You for the particular Software or Service in dispute purchased from SightHost.

SightHost shall not be responsible for any damages your business may suffer. SightHost makes no warranties of any kind, expressed or implied for services we provide. SightHost disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by SightHost and its employees.


14.) Headings

The headings in the Agreement are descriptive only and in the event of a conflict between a heading and the underlying terms of this Agreement, the terms of this Agreement shall control.

15.) Serverability

You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

16.) Waiver

The failure of SightHost to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of SightHost thereafter to enforce such provisions.

17.) Service Interruptions

SightHost will make every effort to keep its Web site and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold SightHost liable for any of the consequences of such interruptions.

18.) Disclosure to Law Enforcement

SightHost may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.

We will cooperate fully with law enforcement agencies.

19.) Resell Web Hosting

You may not resell web hosting to other people.

20.) Changes to the TOS

SightHost reserves the right to revise our policies at any time without notice.