| The use of services from Site Ox, [hereafter referred to as "Provider"] constitutes agreement to these terms.
1) Account Setup / Email on file
We will setup your account after receipt of all required account information, payment receipt verification and the conclusion of all order & fraud screening processes. Providing false contact information of any kind may result in the termination of your account.
2) Content
All services provided by Provider may only be used for lawful purposes. The laws of the State of TENNESSEE, and the United States of America apply.
The customer agrees to indemnify and hold harmless Provider 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. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting.
Provider services, including all related equipment, networks and network devices are provided only for authorized customer use. Provider systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Provider system(s) constitutes consent to monitoring for these purposes.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Site Ox does not allow any of the following content to be stored on its servers:
• Illegal Material: This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State, or Local regulation. You may not store copyrighted MP3s or videos on your webspace in any way shape or form.
• Adult Material: Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of Site Ox.
• Warez: Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, etc... This also includes any sites which provide "links to" or "how to" information about such material.
• Proxies: We do not allow any kind of proxies to be used on our servers, for any reason.
• File Storage: Accounts are not to be used for file storage, your account will be permenantly suspended if found to be breaking this rule. Downloads are only allowed on your Site Ox account if they have to do directly with your website. e.g. you developed custom software and are selling it or giving it away. Accounts may not be used for mirrors, game file hosting, or any other type of file hosting not specified here.
• Script Hosting: Space provided by Site Ox is to be used to create a functional website, we do not allow bots, content scrapers, or any other script that runs continuously on your account. Any scripts that are executed via cron or manually must be directly related to your website.
• Crons: We do not allow more than one cron within a 5 minute time period per account. This means if you have two crons you must make sure that both do not go off within 5 minutes of each other.
• Auto Generated Content: Sites that use scripts to automatically generate content are prohibited, this includes but is not limited to AutoBlog scripts and anything else that automatically generates websites for SEO or other purposes.
• Personal Image\Video Galleries: Personal galleries are limited to 1GB of disk space for images and videos.
• Flash Arcades: Flash arcade sites are limited to 1GB of disk space for the game files.
3) High Resource Usage Policy
Resources are defined as bandwidth and/or processor utilization. Site Ox may implement the following policy to its sole discretion: When a website is found to be monopolizing the resources available, Site Ox reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby Site Ox continues hosting the website for an additional fee.
4) System Backups
Backups are the sole responsibility of the customer. Site Ox retains and offers backups to the customer but does not guarantee this service from failure. It is recommended all customers keep their own backups. Backups will not be provided to account holders who have been suspended for breaching the terms outlined on this page.
5) Payment Information
You agree to supply appropriate payment for the services received from Provider, in advance of the time period during which such services are provided. You agree that until and unless you notify Provider 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 process provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled.
As a client of Provider, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Provider provides a thirty (30) day grace period from the time the invoice is generated and when it must be paid. Provider reserves the right to change the monthly payment amount and any other charges at anytime.
6) Cancellations and Refunds
Provider reserves the right to cancel the account at any time with or without notice. Violations of the Terms of Service will waive the refund policy.
If an account is canceled for a violation of the Terms of Service, the account holder will immediately forfeit all rights to the account in question including access to any and all files and\or databases located within the account. Site Ox is under no obligation to provide backups in full or partial to an account holder that has been canceled.
7) Indemnification
Customer agrees that it shall defend, indemnify, save and hold Provider harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Provider, 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 Provider against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Provider; (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 Provider's server.
8) Arbitration
By using any Provider services, you agree to submit to binding arbitration. If any disputes or claims arise against Provider or its subsidiaries, such disputes will be handled by an arbitrator of Provider's choice. An arbitrator from the American Arbitration Association will be selected. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.
9) Disclaimer
Provider shall not be responsible for any damages your business may suffer. Provider makes no warranties of any kind, expressed or implied for services we provide. Provider 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 Provider and its employees.
10) Disclosure to law enforcement
Provider 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.
11) Changes to the TOS
Provider reserves the right to revise its policies at any time without notice.
How To Contact Us
Should you have other questions or concerns about these privacy policies, please contact us.
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