Terms of Services - Site Valley

This is an agreement between SiteValley as well as its partners and affiliates on the one hand, and the user of SiteValley's products and services on the other hand. 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 services (even if We were not notified of such authorization), this Agreement covers such service or actions.

1. Term of Agreement; Modification

You agree that SiteValley may modify this Agreement and the services it offers to You from time to time. You agree to be bound by any changes SiteValley may reasonably make to this Agreement when such changes are made. If You have purchased services or products from SiteValley, the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the products or services.

2. Accurate Information

You agree to maintain accurate information by providing updates to SiteValley, as needed, while You are using SiteValley products and services. You agree You will notify SiteValley within two (2) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within two (2) business days to any inquiries made by SiteValley to determine the validity of information provided by You will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if SiteValley has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, SiteValley has the absolute right, in its sole discretion, to terminate its Services and close Your account. SiteValley sends notifications regarding the services provided to the Customer to the Customer's e-mail.

3. Privacy

You can view SiteValley Privacy Policy, which is incorporated herein by reference, as it is applicable to all SiteValley products and services. The Privacy Policy sets out Your rights and SiteValley responsibilities with regard to Your personal information. SiteValley will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy.

4. Acceptable Use Policy

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:

not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
not to send more than 200 emails per domain for shared hosting, 1000 emails for VPS; dedicated servers have no restriction on the number of emails.
not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
not to make, attempt or allow any unauthorized access to SiteValley website, servers, your own hosting account or the account of any other customers of SiteValley and third party networks.
not to allow any remote code execution of malicious software through the hosting account provided by SiteValley.
not to cause denial of service attacks, brute force attacks, port scans or other endangering and invasive procedures against SiteValley servers and facilities or the servers and facilities of other network hosts or Internet users and not to participate in such attacks as an intermediate point.
not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
not to use SiteValley services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; are connected with child or animal pornography; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person's property; contain warez; contain any kind of proxy server or other traffic relaying programs, including software settings equivalent to proxy; contain any type of anonymizer; promote money making schemes, multi-level marketing or similar activities, contain any part of botnet software; run public IRC servers; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
not to upload unacceptable material which include: IRC bots, proxy scripts (for example, TOR, 3proxy), any settings of iptables, Equated to proxy, warez, image, filedump, mirror, or banner-ad services, topsites, commercial audio streaming, phishing content, doorway sites, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites, pharmaceutical sites, selling any drugs, distribution of confidential and personal information, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, MUDs/RPGs, hate sites, hacking focused sites/archives/programs, or the sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
not to place programs, that are aimed at hiding customers' real IP address and that can be aimed at execution of unlawful activities, notably open and private proxy programs (like TOR, 3proxy etc.) and any equated to them, including any equated to proxy settings of iptables (port forwarding), etc, to use a VPS as a transit proxy-server to global net and vice-versa;
not to perform any commercial or non-commercial activity in selling, reselling and distributing information (software and other production), if a customer is not a right-holder or it is not allowed by the owner of such information, software or other production;
not to engage in or to instigate actions that cause harm to SiteValley or other Customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc.

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.

In case you are a reseller and your customer violates our Acceptable Use Policy, we can suspend the account with the right provided to you to unsuspend this account. After suspension of this account we will send you a notification about this suspension.

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.

Before full account access is granted customer should pass а verification procedure.

All the activities connected with services (suspension, termination etc.), account management and refunds can be provided only after successful passing of the verification procedure by a customer.

In case you have full managed VPS with us, in the presence of vulnerabilities in the functioning of a VPS we can reboot this VPS for maximum two times a month without a notification, in order to install updates and remove these vulnerabilities, that can be critical.

For more information on the Accepted Use Policy for Virtual hosting accounts, VPS hosting accounts and Dedicated Servers please consult Our Acceptable Use Policy.

5. E-mail and Anti-spam Policy

You are prohibited from:

sending unsolicited bulk messages over the internet;
sending more than 200 emails per hour for one domain name, 1000 emails per hour for one VPS;
creating websites intended or likely to promote your affiliated websites or to increase the ranking of any associated sites in the search engines;
sending spam and unsolicited messages to weblogs or automatically publish multiple unrelated comments or promotions of commercial services to weblog sites.

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. You using and sending mass mailings must at all times maintain complete and accurate records of all consents and opt-ins 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:

Usage of the SiteValley network and systems to receive replies to unsolicited mass e-mail messages.
Forgery of e-mail headers (i.e."spoofing").
Spamming using third-party proxy, aggregation of proxy lists, or proxy mailing software installation.
Configuring a mail server to accept and process third-party emails for sending with no user identification and/or authentication.
Hosting web pages advertised via "spam e-mail" sent from another network ("spamvertising").
Hosting any web pages or providing any services that support spam.
Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-ups, instant messages or text/SMS messages for sending, posting or transmitting unsolicited bulk messages.
Advocating any activities, prohibited by the Acceptable Use Section of this Agreement.

6. Storage and Security

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 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.

7. Non-exclusive License

If You have licensed software from SiteValley, SiteValley grants You a limited, non-exclusive, nontransferable and non-assignable license to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time. You agree to not alter or modify the software. You agree You are not authorized to combine the software with any other software program, create derivative works based upon the software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code.

SiteValley reserves all rights to the software. The software and any copies You are authorized to make are the intellectual property of SiteValley. The source code and its organization are the exclusive property of SiteValley and the software is protected by copyright law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the software and all rights are reserved by SiteValley. Any such software and services are provided to You "as is" without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.

8. Third Party Software

SiteValley provides some third party software to You for easier account management including, but is not limited to cPanel, DirectAdmin, ISP Manager (Lite and Pro), Webuzo, 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.

9. Third Party Content

If You elect to sell or resell advertising or web space to a third party then You will be responsible for the contents of that advertising and the actions of that third party. SiteValley has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current SiteValley policy or agreement. Such content may result in the suspension or in the immediate termination of Your account. You are responsible for monitoring all domain transfers, renewal and orders. In the event that an error occurs the account holder must notify SiteValley immediately of the error. In no event shall SiteValley be liable to the Account Holder for any damages resulting from or related to any failure or delay of domain registration, transfer or renewal.

10. Billing and Payment

All fees for the Services shall be in accordance with SiteValley's fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein. If within 30 days since the first payment we receive a termination request from you for the provided VPS for which free back up copy was provided, you will be charged with a single fee of $15. In case the price of your services with us is less that $15, a single fee will be equal to the service price. All taxes, fees and governmental charges relating to the Services provided hereunder shall be paid by you. Once a renewal invoice or an invoice for a new service is issued, provided that client’s credit balance contains any amount of funds, the withdrawal would take place automatically and cover a relevant part of a invoice.

Sitevalley.com has the right to unilaterally change the prices for services of domains registration, SSL certificates, hosting panels rental and for the other additional services provided to the Customer in case of the price change by third parties or right-holders of the objects needed for such services providing.

In case when Customer has unpaid invoices at the time of price changing these invoices will also be changed in accordance with these changes.

Sitevalley.com declares to notify the Customer of the prices change 10 calendar days before this change takes place by sending an email to the Customer email address specified during the registration on the website Sitevalley.com.

If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchase the products or services. If You signed up for a semi-annual (or longer) payment plan, and You elected the automatic renewal option, SiteValley will automatically renew Your services when they come up for renewal and will take payment in accordance with the designated payment method at SiteValley's then current rates.

At our discretion we reserve the right to request a photo or a scanned copy of an identification document (passport/driving licence/any other document confirming your identity), and also to refuse service without giving any reasons. This statement concerns your orders in case a preliminary check of them indicates direct necessity to request an identification document.

You agree that a PayPal or 2CheckOut subscription which will be used for automatic payments is created once a successful payment for a service using the according payment method comes through. You may cancel a subscription for a service at any time by contacting Sitevalley.com support team with a corresponding request or using the means provided by the payment processor.

11. Termination & Cancellation Policy

The initial term of your agreement with SiteValley shall be as set forth in your Order Form. The Initial Term shall begin upon commencement of the Services in the Order Form. After the Initial Term, your agreement with SiteValley shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section. This agreement may be terminated: (i) by You by submitting a helpdesk ticket under Billing Issues category at least 3 working days before the account is due to renew; and (ii) by SiteValley at any time, without prior notice, if, in SiteValley's judgment, you are in violation of any term or condition herein, or in SiteValley's sole judgment, your use of the Services places or is likely to place unreasonable demands upon SiteValley or could disrupt SiteValley's business operations.

You may receive a refund if Your account is cancelled within the initial 30 days after a service was provided/became active. If the account holder cancels after the time period specified, there will be no refund given. Refunds do NOT apply to dedicated servers, dedicated IP addresses, operating systems, any licenses (cPanel, DirectAdmin, ISP Manager Lite/Pro, Webuzo etc), upgrades, renewals, technical assistance, addons (additional RAM, traffic and diskspace) or domain registration and renewal related fees. You can get a refund within 30 days from the date of the issue or the date of the SSL certificate renewal, which involves a new SSL certificate issue or within 90 days from the actual time of payment receipt for providing access to the SSL certificate issuing system by Sitevalley.com.

12. Currency

While all purchases are processed in US dollars, SiteValley may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate. Accordingly, SiteValley makes no representations or warranties that the actual price will be the same or substantially similar to the actual price You will pay and You waive any and all claims based upon any discrepancy between the estimate and the actual price. In addition, you may be charged VAT, based on the country indicated in Your billing address section. Any amounts to be charged will appear during the checkout process.

13. Domain Names Registration and Use

SiteValley provides domain registration, renewal and ID protection on behalf of You with a registrar selected by SiteValley. Apart from the specific SiteValley terms below the use of the domain registration related services is regulated by ICANN, the registrar and the applicable laws. For more information about the ICANN terms and the terms of the Registrars which SiteValley selects, please read:

ICANN Policy: http://www.icann.org/dndr/udrp/policy.htm

ENOM domain registration agreement and ID protect agreement https://www.enom.com/terms/agreement.asp https://www.enom.com/terms/idprotect_agreement.asp

By registering, maintaining or renewing a domain name, You guarantee that all of the following requirements are met:

The registration of the domain name does not infringe the right of any third party to the best of Your knowledge;
The domain name is not registered for unlawful purposes;
The domain name will not be intentionally and knowingly used in violation of any applicable laws or regulations.
The information You provided upon sign-up is complete and accurate. These details will be used to register Your domain name and will appear in Whois engines.

You are solely responsible for investigating and determining whether the registration of Your domain name infringes or violates the rights of any third party.

Each domain ordered by You is registered on Your behalf and Your personal details are used for its registration. You understand and agree that unless You change this email You may be unable to receive notifications related to Your domain sent by the domain registration authorities. You can change the Domain administrative email and manage Your registered domain name through the Customer Area. You can transfer the domain name registered by SiteValley to another domain name registrar at any time.

You shall be solely liable for making any changes in the DNS settings of any domain name in Your account and any consequences following thereof. If You have asked a SiteValley representative to change the DNS settings of a domain name on Your behalf, SiteValley shall be indemnified of any liability for such actions and any consequences that might follow thereof.

You agree that in the event that any hosting or service fees, associated with a domain name are reversed, refunded or claimed back by filing a chargeback, the said domain name becomes property of SiteValley and You lose any rights over it or any services associated with it. SiteValley may re-gain property of the domain name in question if all of the following conditions are met:

SiteValley shall not be liable in the event that during the time period needed for You to fulfill the requirements described above the domain name has either been deleted, has expired or entered Redemption period.

SiteValley shall not be liable for the registration, maintenance or management of any domain name, until it has been successfully registered from SiteValley on Your behalf and appeared as such in the corresponding Customer Area. You acknowledge that the non-registered domain names are available for registration to the general public and SiteValley shall not be responsible for and cannot guarantee that any domain name of Your choice will not be already taken and will not be available for registration.

Personal information stated when registring a domain name, can be reachable in the Internet via Whois service. This statement is regulated by ICANN policy (The Internet Corporation for Assigned Names and Numbers) http://www.icann.org/dndr/udrp/policy.htm.

With the change of registrant First Name, Last Name, Organization Name, email address and other details of a registrant, you will receive a notification regarding the changes and you will need to approve them by clicking the link in that emails. Such notifications will be sent from our Upstream provider to the registrant email address of a domain. If a registrant email address is changed, such notifications will be sent to the old and to the new emails for confirmation. Also, with the change of contact details of a domain, it maybe be blocked for transfer to another registrar for 60 days according to new ICANN policy https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en. Please contact Sitevalley.com support team in order to unlock your domain.

14. Free Domain Names Registration and Renewal

The registration and the renewal of Your domain name will be included in the initial and renewal fees for the Hosting account and will not be subject to additional fees only if the domain name meets all of the conditions below:

The domain name registration is requested by You at the time of the initial account setup.
The domain name is used as the main domain for the hosting account throughout the whole duration of the hosting service.
The domain name has one of the following extensions: .com; .net; .org; .biz; .info.
You request the domain renewal in up to 25 days after its expiration day before the domain name redemption period starts. In case the renewal request of a free domain name is received during the domain name redemption period the appropriate redemption fee of $200.00 should be paid by You.

The free domain name is registered under SiteValley's name, owned by SiteValley, is the property of SiteValley, and is managed by SiteValley on Your behalf. If You cancel within the first 30 days and have registered free domain name with us during this time period, SiteValley will charge You a one time fee of $13.00 per domain name if You do not wish to continue with the domain name transfer. If You cancel your account and wish to transfer free domain name registered by SiteValley to any other registrar You will be charged a one time fee of $15 per transfer per domain. These terms are in place to prevent abuse of our free domain name(s) service.

15. Additional Paid Domain Names Registration and Renewal

All domain names that are registered by SiteValley on Your request and do not meet the conditions for free registration and renewal above are subject to the appropriate fees depending on the number of domains ordered, the registration period and the domain extension. Renewal fees are due for all such domains at the end of the pre-paid period. In case the renewal request of an additional domain name is received in more than 25 days after the expiration of the domain, during the domain name redemption period, the appropriate redemption fee of $200.00 should be paid by You. Registration, renewal and redemption fees for such domain names are non-refundable.

You are solely responsible for domain name maintenance. SiteValley shall not be liable for any loss or damage resulting from any kind of domain name issues that were not immediately reported by You by submitting a ticket in Our HelpDesk system.

SiteValley will act in good faith to investigate and resolve a reported domain name issues, however, SiteValley has no liability or obligation to achieve any particular outcome or result or resolve domain name issues by any deadline. SiteValley shall have no liability or responsibility for any damage, loss of data, loss of use or any other loss or damage occurring in connection with any domain name issue.

16. ID Protect

ID protect is a service that allows You to hide Your personal details, connected with Your domain name. ID protect service is provided only for domain names that are registered by SiteValley. SiteValley will charge the appropriate fee for the ID protect service. The fee is applied and should be paid per year basis. The fee is non-refundable. Renewal fee is due for the ID protect service one year after the initial order.

You acknowledge that SiteValley cannot be held liable for any system malfunction or failure regardless of its cause that might result in the return of incomplete or erroneous information. You shall raise no claims or seek any compensation for misinformation based solely and exclusively on results returned by SiteValley's website, system and look up tools.

Upon cancellation or expiration of any service associated with a domain name SiteValley will no longer be responsible for the management, maintenance and/or the proper functioning of the said domain name. You shall be solely responsible for maintaining and managing any domain name, associated with any service that has been effectively canceled and/or terminated or has expired. SiteValley shall not be held liable for any loss or damages resulting from the operation failure of any domain name, associated with a service that has been canceled and/or terminated or has expired.

17. Risks Acknowledgement

Offered goods and services are not provided on order of a person or company, who runs WebMoney Transfer System. We are an independent entity providing services and making decisions about pricing and offers ourselves. Companies, running WebMoney Transfer System do not receive any commission, interest fees or any other awards/refunds for the provided goods or services and are not liable for our activities.

Verification done by WebMoney Transfer System only confirms the accuracy of our contact details and prove the identity. Verification is performed on our own intention and doesn't mean or show our connection with WebMoney System operators sales.

18. Technical Support

SiteValley provides Technical Support to You at no additional fee only for hosting related issues. SiteValley has the right to decide what is a hosting related issue and to charge additional fees or refuse support for non-hosting related issues. Any fees paid by You for providing non-hosting related support are non-refundable.

You can requested technical support only by opening a ticket trough the HelpDesk system located in the Customer area. SiteValley will have no liability to provide technical support if it is requested in any other way apart from the HelpDesk system. You are solely responsible to use the appropriate HelpDesk category when posting a ticket. SiteValley will have no liability to respond to tickets opened in inappropriate categories. You acknowledge that by asking our technical representatives for technical assistance, You authorize their intervention and operation in Your hosting account, Control panel and/or Customer Area.>br>
You must provide SiteValley with all information and access to facilities that SiteValley may reasonably require to provide the requested Technical Support.

You are solely liable for performing and storing a back-up copy of his data, files and hosting account prior to requesting technical support and agreeing to any technical interference or operation, provided by SiteValley. In the event You are not satisfied with the outcome of any technical action You shall be solely responsible for restoring the back-up copies of Your hosting account and uploading Your website.

You should not abuse the HelpDesk system. Abuse of the HelpDesk system includes, but is not limited to, excessive number of tickets opened by a single Customer, aggressive and/or harassing behavior, repetitive use of inappropriate categories for posting a ticket, etc. Any abuse of the HelpDesk system may result in warning, HelpDesk access restrictions, hosting account suspension or possible hosting account termination with no refund. SiteValley has the sole right to decide what constitutes abuse of the HelpDesk system.

Customer Support Service do not consult on programming and website design matters, script and software debugging and other similar questions. We reserve our right to refuse technical aid without giving any reasons.

19. Disclaimer of Warranty

You agree to use all Services and any information obtained through or from SiteValley, at your own risk. You acknowledge and agree that SiteValley exercises no control over, and accepts no responsibility for, the content of the information passing through SiteValley's host computers, network hubs and points of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NONE OF SiteValley, ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, A "SiteValley PERSON") MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT SiteValley PROVIDES. NO SiteValley PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. SiteValley IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM YOU OR STORED BY YOU OR ANY OF YOUR CUSTOMERS VIA THE SERVICES PROVIDED BY SiteValley. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY SiteValley PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this agreement.

20. Limitation of Liability; Waiver and Release

You agree that no SiteValley Person, under any circumstances, shall be held responsible or liable for situations where the Services are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to SiteValley at the time) which may exist in the Services or SiteValley's equipment used to provide the Services.

Under no circumstances, including negligence, shall any SiteValley Person be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by you, any of your customers or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if SiteValley has been advised of the possibility of such damages. No SiteValley Person shall be liable to you, any of your customers or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, termination of the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, bots, worms, defects, delays in operations, denial of service attack, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to your records, programs, equipment or services.

Notwithstanding anything to the contrary in this agreement, SiteValley's maximum liability under this agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by you for the Services which gave rise to such damages, losses and causes of actions during the twelve (12) month period prior to the date the damage or loss occurred or the cause of action arose.

You understand, acknowledges and agrees that if SiteValley takes any corrective action under this agreement because of an action of you or one of your customers, that corrective action may adversely affect other customers of yours and you agree that SiteValley shall have no liability to you, any of your customers due to such corrective action by SiteValley.

This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this agreement. The terms of this section shall survive any termination of this agreement.

21. Indemnification

You agree to indemnify, defend and hold harmless SiteValley and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to: (i) your use of the Services; (ii) any violation by you of the Terms and Conditions; (iii) any breach of any representation, warranty or covenant of yours contained in this agreement; or (iv) any acts or omissions of yours. The terms of this section shall survive any termination of this agreement.

22. Notices

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.

23. Legal Age

You attest that you are of legal age to enter into this Agreement.

24. Final Agreement

This Agreement, 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.

25. No Agency Relationship

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.

26. Enforceability

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.

27. Force Majeure

SiteValley shall not be liable for failure or delay in performing it obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

28. Headings

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.

29. Affiliate Program Terms and Conditions

Listed below are the terms and conditions associated with our affiliate program.

PAYMENT:

Affiliates are paid according to the commission scale below per a new hosting account referred to our services. A signup is counted when a customer first clicks on an affiliate referral link, completes the signup process and stays active for more than 30 days.
Shared Hosting and VPS payouts are 30% of the initial signup amount.
Dedicated Server payouts are a flat $20.00 per referral.
All affiliate payments are processed 60 days after the end of the month in which the sale occurred. Please allow additional time for holidays. EXAMPLE: Affiliate payments would be processed April 1st and sent between the 2nd and 15th for all sales made during the month of January.
Affiliates must generate a balance of $100 or more before the payment will be sent.
Commission payments can be made via PayPal, Wire Transfer, ePassporte or Webmoney. Please add preferred payment method as a note while registering affiliate account.
Affiliates are responsible for any and all fees, taxes, exchange rates, surcharges and other expenses incurred in order to receive their commissions. Please check with your local banking institution to find out if any of these apply for your area/country.
Affiliates don't receive commissions on the purchases of their own hosting accounts.

REVERSALS:

ADVERTISING COMPLIANCE:

Affiliates may not offer cash back, rewards or incentives.
Affiliates may not bid on trademark keywords for the purpose of PPC on the search engines (Google, Yahoo, MSN, Ask). Any affiliates found bidding on trademarked terms will be deactivated. For a list of banned keywords, please contact the affiliate manager using the information provided below.
Affiliates may use the approved banners and ad text code found in the affiliate management center. Affiliates are responsible for ensuring that their tracking code is working properly before sending traffic to our servers. Any modification to the links is the sole responsibility of the affiliate – commissions will not be paid for tracking errors caused by editing, masking or tampering with your links.
Affiliates must use their own website and identity in the sign-up process and may not assume a false or another person's or entity's identity or place advertiser paid links on a site without authorization.

DEACTIVATION:

Affiliate accounts may be deactivated at any time without warning or advanced notice. Your account WILL BE DEACTIVATED and commissions set to $0 for failure to comply with the Affiliate Terms contained herein.
Any false or misleading advertising or suspected fraudulent activity associated with your affiliate account will result in immediate deactivation.
Affiliate accounts generating a large number of fraudulent accounts may be deactivated upon review.
Affiliates may not resell hosting. Offenders will be deactivated.
If you would like to discontinue your affiliate status, simply remove your affiliate links and no longer promote them. For accounting purposes your account and personal information will not be completely removed from our system.
Affiliates CANNOT SPAM. Any affiliates found determined or reasonably suspected to be inbound in an unsolicited bulk e-mail program will be immediately deactivated with commissions set to $0 for failure to comply with the Affiliate Terms contained herein.

BY REGISTERING AS AN AFFILIATE YOU ARE AGREEING TO THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MUST DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE AFFILIATE PROGRAM, OR DEACTIVATE YOUR ACCOUNT IF YOU ARE ALREADY A MEMBER.

Changes to the Terms and Conditions apply to you. You may review the most current version of the Terms and Conditions at the site. SiteValley may change the Terms and Conditions, in whole or in part, at any time at SiteValley's sole discretion. Posting of such changed Terms and Conditions on the site shall constitute notice of such changes to you, although SiteValley may choose additional types of notice. SiteValley will use reasonable efforts to provide you with 7 days advance notice of changes that materially and adversely impact your use of the Affiliate Program. Your continued use of the Affiliate Program following notice constitutes your acceptance of all changes. If you do not agree to any such changes, your sole and exclusive remedy is to deactivate your account as described above.

If you have any questions regarding our affiliate program please email marketing [at] sitevalley.com or open a ticket at https://support.sitevalley.com/

Thank You,
SiteValley.com
Where Websites Live