Policies; SITEWORKS Hosting Network

Age:

Client affirms that he or she is at least 18 years of age.

30-Day Money Back Guarantee:

The SITEWORKS Hosting Network offers a "no-questions-asked" 30-Day money back guarantee for all new web hosting accounts. This does not apply to resold accounts - the client must be a direct client of SITEWORKS. If you are not completely satisfied with our services within the first 30 days of your account setup, you will be given a full refund of the services amount (excluding setup fees and (any) overages.)

SITEWORKS must be notified within the first 30 days following activation. No refund is available after the 30th day. Acceptable means of cancellation are: ticket submission at https://SITEWORKS.com/support/ or postal mail notice. [Phone requests will not constitute acceptance of cancellation notice].

Setup fees are refundable if the account order is cancelled prior to the account setup being completed by us and login information issued; or (2) the domain name was not available for registration.

Refund payments will be processed within five (5) business days of written receipt of cancellation notice and will be issued in the same manner that payment was made. If you paid by check, we will issue a check - if payment was made by credit card, we will process a refund to that same credit card.

This policy does not apply to any additional services such as traffic or disk space, added POPs, added FTP accounts, etc.

Special Offer Accounts

Occasionally we may advertise special offers and discounted rate packages on our website or through postal mailings. These are primarily designed to attract new clients. Existing clients that wish to take advantage of a special offer account for themselves or client accounts are welcome to do so but will have to move their website data (including databases and mail boxes) to whichever newest cpanel server we are populating at the time of the offer. A nameserver change at the registrar may also be required for existing clients moving into a special offer account. Please contact us at https://SITEWORKS.com/support/ to discuss.

Month-to-Month Service, No Contracts - Easy Cancellation

HOSTING ACCOUNTS: You are responsible for notifying us when you wish to cancel your service. Cancellations are processed on a monthly basis during the monthly billing cycle. If you do NOT wish to be charged for an upcoming month, you'll need to cancel service by the First (1st) of that month. No refunds for the current month will be made when the cancellation is received after the Fourth (4th) day of the month. This applies to all accounts, including resellers and their client cancellations. Although you may cancel your service at any time, you remain responsible for any outstanding monies due and payable at the time of cancellation.

DEDICATED SERVERS: Cancellation date process differs from that of a shared hosting account. Dedicated servers must be cancelled on or before thr 23rd of the month PRIOR to the upcoming billing cycle - essentially this means you must cancel seven full calendar days before the new month. Your dedicated server will remain active for those final days of the month, but this allows us to plan for dismounting the server from service and removing it from billing cycle.

Additional cancellation notes:

You, the client, are responsible for tracking your domain name through the transfer, registration and renewal processes. If the name ceases to function due to registration related issues, you remain financially responsible for your hosting account until you specifically cancel it.

Payment

All hosting fees are payable in advance for the upcoming month, on a first-of-the-month billing cycle. Late fee of $5.00 (five dollars) will be assessed for payments not received by end-of-business day on the Fifth (5th) of that month. Any check or check draft that is returned due to "NSF - Insufficient Funds" or "Account Closed" will be charged a $25 processing fee as passed along to us by our bank. We reserve the right to suspend and/or cancel delinquent accounts. Cancelled accounts will have their web site data permanently deleted from the server(s).

Pre-pay discounts are as follows:

On all accounts that cost $14.95 per month and higher, additional savings can be enjoyed by prepaying the hosting fees: (Excluded from discounts: Backup accounts, Miva licenses, IP#s and SSL certs)

Foreign domain extensions are welcome and we will provide name-server information as needed to complete foreign registrations.

To help manage the demand on our mail servers and ensure efficient mail service for everyone, we ask that you do not check for new mail more frequently than every 5 minutes. Failure to comply may result in a disabling of POP access.

Traffic overage costs $5.00 per one (1) gig over the account limit per calendar month. (effective Feb 2005)

All clients including resellers and their clients must adhere to all policies. The below policy statements may be viewed in full at the faq.html which accompanies each domain.

All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the service which damages the subscriber or any other party.

IMPORTANT: We recommend that the customer periodically and frequently backup their site to their local computer.

Note: Pornography and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited.

· Pirated software
· Hackers programs or archives
· Warez Sites
· Irc Bots
· Excessive MP3 offerings

We will be the sole arbiter as to what constitutes a violation of this provision.

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

SITEWORKS Hosting Network will not be responsible for any damages your business may suffer. SITEWORKS Hosting Network makes no warranties of any kind, expressed or implied for services we provide. SITEWORKS Hosting Network disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, and any and all service interruptions caused by SITEWORKS Hosting Network and its employees. SITEWORKS Hosting Network reserves the right to change or update policies without notice

Due to the unique resource characteristics and traffic patterns associated with certain types of sites, the following are expected to stay within their traffic limits:

· Subhosting - any domain housing additional users
· Shareware, sound, video, image and multimedia archives
· Mirror sites
· Distribution points
· Any site whose primary purpose is file distribution

Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation.

We may allow programs to run continually in the background. These are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we reserve the right to immediately, without warning, disable your domain.

As such, any violation will result in immediate deactivation of services without refund.

We do not now, nor have we previously sold or shared client data with any other entity. We respect all client data and value client privacy and treat this data accordingly. See http://siteworks.com/privacy.htm for full details.