This Acceptable Use Policy sets forth the terms and conditions of your use of hosting and related services ("Services"). In this Agreement "You" and "Your" refer to you or any agent, employee, servant or person authorized to act on your behalf. "We", "Us" and "Our" refer to SiteValley.com as well as its subsidiaries and sister companies (collectively "SiteValley"). This Agreement explains our obligations to You, and explains your obligations to us for various services offered by SiteValley. When You use Your account or permit someone else to use it to purchase or otherwise acquire access to additional SiteValley service(s) or products or to cancel Your SiteValley service(s) (even if we were not notified of such authorization), this Agreement covers such service or actions.
As a condition of purchasing and using "Dedicated Server" plans, "VPS" plans, "Shared hosting" plans You acknowledge and agree that SiteValley may provide Your personal information to their partners, as necessary to provide You with the selected products and services. The provided information falls into the following categories: (i) Information that users provide through optional, voluntary submissions. These are voluntary submissions made by You in order to receive our electronic newsletters, to participate in our message boards or forums, to email a friend, and to participate in polls and surveys; and (ii) Information SiteValley gathers through aggregated tracking information derived mainly by tallying page views throughout our sites. This information allows us to better tailor our content to users' needs and to help our advertisers and sponsors better understand the demographics of our audience. Because SiteValley derives its revenue mainly from sponsorships and advertising, providing such aggregated demographic data is essential to keeping our select services free to users. Under no circumstances does SiteValley divulge any information about an individual user to a third party. Further information regarding the nature of information shared by SiteValley can be obtained by reviewing the Privacy Policy. You acknowledge and agree that Your name and justification may be disclosed to certain registries, including, but not limited to, the American Registry of Internet Numbers, in accordance with policies promulgated by any and all such registries and such information may be displayed on the Whois.
You represent and warrant to SiteValley that: Your content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your server content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your server account. You also represent and warrant that the server content being hosted by SiteValley shall not be used in connection with any illegal activity.
SiteValley will use its best efforts to maintain a full time Internet presence for Your account. You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall SiteValley be liable to You for any damages resulting from or related to any failure or delay of SiteValley in providing access to the Internet under this Agreement. In no event shall SiteValley be liable to You for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of SiteValley under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive the termination of this Agreement.
This Agreement applies to all accounts, sub-accounts, and alternative account names associated with Your principal account. You are responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A SiteValley account may not be transferred without prior written approval from SiteValley.
SiteValley assigns to You an Internet Protocol ("IP") address in connection with Your use of the SiteValley services. The right to use that IP address will remain with and belong only to SiteValley, and You will have no right to use that IP address except as allowed by SiteValley in its sole and absolute discretion.
You should use all services provided by SiteValley for lawful purposes only. You agree to maintain your website in full compliance with the terms listed below. By using any Services, provided by SiteValley You agree:
To request SSH access with Shared hosting plans You need to contact support. Upon your request You will be granted Jail access to the system on a provisionary basis any misuse of the system will result in access being revoked. The use of php or any other means to circumvent this policy will result in immediate account termination. SSH access will be provided to You by default with VPS plans and dedicated servers.
By using any Services, provided by SiteValley You agree:
SiteValley reserves the right to refuse service to anyone upon Our discretion. Any material that in SiteValley judgment, is either obscene or threatening is strictly prohibited and will be removed from SiteValley servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. In case the service is suspended/terminated due to violation of the Terms of Services, Acceptable Use Policy the refund is not provided.
You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, SiteValley will take corrective action upon our own discretion and will notify You. SiteValley decision in such case is binding and final, and cannot be a subject of a further change. SiteValley cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to SiteValley or any other third party.
We have the right to terminate each and any hosting account that has been suspended for any reason for more than 14 calendar days after the suspension date, unless You have taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. SiteValley will not be liable for any loss or damages in such cases.
You are prohibited from:
You must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation on bulk and commercial email.
You are prohibited from sending mass unsolicited email messages. All emails sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from You will be considered as unsolicited email messages. Using and sending mass mailings you must maintain complete and accurate records of all consents and opt-ins at all times and upon request provide said records to SiteValley. In the event that You cannot provide actual and verifiable proof of such consents and opt-ins, We will consider the mass mailing to be unsolicited.
SiteValley prohibits the following activities listed without limitation hereunder:
10.1. Server Resourse Provision for Shared Hosting Accounts
You should use the MySQL database server resources in a way that does not endanger the quality of the overall server performance. A database that generates more than 10% of the database queries longer than 1 second at any given time endangers the overall server performance. You are responsible to manage Your database(s) so that it is in compliance with this policy. Connections to shared-server database services are permitted from local pages only. No remote database connections allowed.
Your account should NOT use more than 10% of the shared server CPU for a period longer than 5 seconds. Any account that is using more than 10% of the shared server CPU for more than 5 seconds is endangering the overall shared server performance.
Your account should NOT use more than 256 MB of the server memory resources at any given time. Any account that is using more than 256 MB of the shared server memory is endangering the overall shared server performance
No script may use 25% or more of system resources for 60 seconds or longer
SiteValley staff may use the following tools at our discretion to identify use of system resources:
WordPress Usage & Modules:
We do not allow any WordPress caching modules on our shared hosting services. WordPress caching modules continually cause server overload problems and are only allowed on VPS or dedicated hosting.
10.2. Disk Usage Provision for Shared Hosting Accounts
90% or more of your content on your website must be linked from an HTML or similarly coded web page where all content is freely available to the public. Your website consists of web pages of a standard design, essentially HTML based text and graphics. Downloadable files, media, streaming content or any file which consumes more than 500kb of space must not exceed 10% of your total used disk quota. The following disc space limitations for different file types are also applicable: NO more than 5,000 MB of a shared hosting account can be allocated to music, video or other multimedia files including but not limited to .avi, .mp3, .mpeg, .jpg, .gif files; NO more than 5,000 MB of a shared hosting account can be allocated to any archive files and disk images files containing the complete contents and structure of a data storage medium; NO more than 5,000 MB of a Linux shared hosting account can be allocated to databases including but not limited to .sql files, databases dumps; NO more than 5,000 MB of a Linux shared hosting account can be allocated to Executable files and all other files which are the result of compiling a program; NO more than 5,000 MB of a Linux shared hosting account can be allocated to E-mail files.
Using more than 100 000 inodes on a shared hosting (Newbie, Forum, Gold, AllInclusive, AdultsOnly packages) account may result in suspension of service. Using more than 150 000 inodes on a shared hosting account (Pro Hosting package) may result in suspension of service. Using more than 200 000 inodes on a shared hosting account (Small Business) may result in suspension of service. Exceeding the provided limit alone may not immediately lead to a suspension, but the regular creation and deletion of large numbers of files or causing file system damages would be serious grounds for a review of your account. Each file or folder on a shared hosting account is considered as 1 inode.
10.3. Use of Email Services for Shared Hosting Accounts
You should use the email and other related services in full compliance with the terms below:
10.4. Server Resourse Provision for VIP Hosting Accounts
10.5. Disk Usage Provision for VIP Hosting Accounts
90% or more of your content on your website must be linked from an HTML or similarly coded web pages where all content is freely available to the public. Your website should consist of web pages of a standard design, primarily HTML based text and graphics. Downloadable files, media, streaming content or any file which consumes more than 500kb of disk space must not exceed 20% of your total used disk quota. The following disk space limitations for different file types are also applicable:
10.6. Use of Email Services for VIP Hosting Accounts
You should use the email and any other mail related services in full compliance with the terms below:
10.7. Upgrade to VPS and Dedicated Server
Each Virtual hosting account can be upgraded to a VPS (Virtual Private Server) and a Dedicated Server. The upgrade is performed by SiteValley after You have paid the first month fee. The fee depends on the VPS/Dedicated Server type chosen by You and is non-refundable. No refund for unused time of the shared hosting account is owed by SiteValley in the event of upgrade to VPS/Dedicated Server. You are entitled to a free transfer of the shared hosting account that is upgraded to the VPS/Dedicated Server if there is more than one month left to the expiration of the current Virtual Hosting Account. Once the account is transferred to the VPS/Dedicated Server the Virtual hosting account is terminated and the new VPS/Dedicated Server account use is governed by the paragraph 11 and paragraph 12 of this Agreement accordingly.
11.1. Use of Traffic (Bandwidth)
In case of usage of more than 5 TB of traffic for a VPS we have the right to reduce bandwidth of your VPS to 10 Mbit/s till the end of the calendar month, when occured exceeding of use of it. On the first day of the following month speed limit will get back to its initial value.
11.2. Disc Space Use
Your account disc space is limited in accordance with the VPS Type. Up to 4 GB from the disc space is allocated to the VPS system files and this space cannot be used for storing Your content. Additional space can be ordered by You as additional service.
11.3. Additional Services
The initial and renewal fees for each VPS include the number of IPs in accordance with VPS type. Additional IPs can be added to a VPS. This is done only if the reason for the dedicated IP request is approved by SiteValley. In such a case SiteValley will charge the appropriate fee for the dedicated IP. The fee is applied and should be paid on a per month basis. The fee is non-refundable. Renewal fee is due for each Dedicated IP one year after the initial order.
You can order Additional Space as extra features to Your VPS account(s). SiteValley will charge the appropriate fee for the additional space, depending on the amount of space ordered. The fee is applied and paid on a monthly basis. The fee is non-refundable. Renewal fee is due for the Additional Space each month after the initial order, until the upgrade or the VPS account itself is cancelled. You are solely responsible to make the renewal payments in a timely manner. In case no renewal payment is received, SiteValley will try to remove the additional space if not used. If You still use the additional space SiteValley may need to suspend the whole VPS account until receiving additional space renewal payment or until Your content is decreased, so that it no longer needs the additional space and it can be removed.
11.4. Upgrade to Dedicated Server
Each VPS hosting account can be upgraded to a Dedicated Server. The upgrade is performed by SiteValley after You have paid the first month fee. The fee depends on the Dedicated Server type chosen by You and is non-refundable. No refund for unused time of the VPS hosting account is owed by SiteValley in the event of upgrade to Dedicated Server. You are entitled to a free transfer of the VPS account that are upgraded to the Dedicated Server if there is more than 15 days left to the expiration of the current VPS Hosting Account. Once the account is transferred to the Dedicated Server the VPS account is terminated and the new Dedicated Server account use is governed by the paragraph 12 of this Agreement.
12.1. Additional services
The initial and renewal fees of each dedicated server include 1 Dedicated IP. Additional dedicated IPs can be added to each customer's account. The company will charge the appropriate fee for the dedicated IP. The fee is applied and should be paid on a per month basis. The fee is non-refundable. Renewal fee is due for each Dedicated IP one year after the initial order.
The Dedicated IP is granted only after the reason for the dedicated IP request is approved by SiteValley. Additional one-time non-refundable fee is applied to the standard Dedicated IP fee, if the reason for the IP is an External SSL installation.
SiteValley change the dedicated IP address of the customer to another IPv4 compatible IP address after giving You much prior notice as reasonably practicable.
The RAM initially available on the Dedicated Server depends on the Dedicated Server type.
You are solely responsible to provide all the needed information, so that SiteValley can provide the ordered service. If any information is missing after the order is submitted, SiteValley will request it from You additionally.
All Dedicated server fees, including, but not limited to, Initial fees, Additional Services and Products fees, and Renewal fees and technical support fees are non-refundable.
12.2. Technical Support
The Dedicated Servers fees include initial set up and regular maintenance and updates of the Dedicated Server software. All technical support that is not related with the updates and regular maintenance of the initially installed support is paid additionally. The support can be requested by opening a ticket trough the HelpDesk system located in the Customer Area. SiteValley will charge the appropriate fee for the additional support, depending on the estimated working hours needed for the task to be performed. The fee is non-refundable. The paid support provided only after a payment for the estimated working time is made by the customer. If additional work turns out to be needed while performing the requested task, additional payment is due by the client, depending on the additional hours of work invested by SiteValley. SiteValley has the right to refuse support requests.
At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on SiteValley servers; and (iv) ensure the confidentiality of Your password. SiteValley's servers are not an archive and SiteValley shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The services offered by SiteValley are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. SiteValley shall have no liability to You or any other person for Your use of SiteValley products and/or services in violation of these terms.
Backups of new/changed data are made weekly for VPSs. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. If loss of data occurs due to an error of Sitevalley.com, we will attempt to recover the date for no charge to the client.
In the event You terminate this Agreement or Your use of SiteValley products and/or services, then moving Your server content off of the SiteValley dedicated servers is Your responsibility. SiteValley will not transfer or FTP Your server content to another provider. In the event Your use of SiteValley products and/or services is terminated, SiteValley will not transfer or manage Your Dedicated Services or Your server content.
SiteValley provides some third party software to You for easier account management including, but is not limited to cPanel, Softaculous apps installer, etc. Such software is provided on an as is as available basis. We do not guarantee that any specific results can be obtained by using such software. SiteValley does not take responsibility for any faults in such software functioning.
You can add and use third party software on Your account only if it is compatible with Our servers and is approved by SiteValley. Your use of any third party software is at Your own risk. SiteValley cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. SiteValley will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products.
You are solely responsible for any license and other fees required by the software providers, for using any third party software installed on Your account apart from the initial account setup.
The services offered by SiteValley are being provided on an "AS IS" and SiteValley expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, SiteValley expressly does not warrant that SiteValley services and/or products will meet Your requirements, function as intended, or that the use of the provided services will be uninterrupted or error free. In no event shall SiteValley be liable for any or all direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including, but not limited to, negligence or otherwise) arising in any way out of the use of the services, even if SiteValley is aware of or has been advised of the possibility of such damages.
Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge SiteValley and all affiliates of SiteValley, and all officers, agents, employees, and representatives of SiteValley, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the products and services and Your acquisition and use thereof, including, but not limited to, the provision of SiteValley services and/or products by SiteValley and its agents and employees.
You agree that any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the account and/or domain name WHOIS information you have provided.
You attest that you are of legal age to enter into this Agreement.
This Agreement, the referenced agreements, together with all modifications, constitute the complete and exclusive agreement between You and us, and supersede and govern all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of us.
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over SiteValley, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, SiteValley may immediately terminate this Agreement.
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
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