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 and fraud screening processes. Providing false contact information of any kind may result in the suspension and/or termination of your server and suspension of your account.
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 server 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: Servers are not to be used solely for file storage. Your account will be permenantly suspended if found to be breaking this rule.
• Script Hosting: Space provided by Site Ox is to be used to create a functional development server. 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 software.
Unix/Linux hosting, at Site Ox, is designed for development purposes only. If you are in need of production Unix/Linux hosting, please contact Site Ox directly. Production Unix/Linux hosting is available through a data center partner, and it not hosted directly with Site Ox. This includes hosting for AIX, HP-UX, Solaris, Linux, etc.
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 server is found to be monopolizing the resources available, Site Ox reserves the right to suspend that site or server 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 server for an additional fee. As a general rule, any leased server utilizing over 20 GB of bandwidth per day, Site Ox reserves the right to suspend the server.
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.
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.
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.
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.
12) Unix/Linux Hosting agreements
Please read the following Site Ox agreement for the server hosting remote access (called the 'Agreement') carefully.
Under this Agreement Site Ox shall grant access to operate on certain Site Ox systems by using the hosted service (referred to as 'Service'). You register for the Service, by creating an account on the Site Ox web site, and creating an order for the Service through the shopping cart. After you create the order, you will be provided will connection information, which you will need to access the Service.
Under this Agreement, you may at Site Ox's discretion, use the Service only for your personal, lawful, internal use purposes solely to enable your Software to operate on Site Ox systems, and to verify that such Software operates on Site Ox systems. Any other use (including distribution, reproduction, resale, publication or transmission) is not permitted. You will ensure that anyone who uses the Service on your behalf does so only in compliance with the terms of this Agreement. Site Ox grants you a nonexclusive, nontransferable, revocable license to access and execute code Site Ox provides access to on certain Site Ox systems solely in connection with the Services as provided under this Agreement. Except as specifically set forth in this Agreement, Site Ox does not grant you a license, either expressed or implied, to any Site Ox intellectual property, including patents copyrights or trademarks. You may not download or otherwise copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or disassemble any aspect of the Service or code Site Ox provides access to. SYSTEMS ARE PERMITTED FOR DEVELOPMENT ONLY: At no time should you load production data, personal, or sensitive information on the systems.
You agree to fully indemnify, defend, and hold Site Ox harmless against 1) any claim that the Software, or any preexisting work from which the Software is prepared, infringes on any intellectual property right of any third party or 2) any other claims arising from the Software.
Site Ox does not make any warranty in connection with this Agreement. The Service is being provided on an 'AS IS' basis. In addition, Site Ox makes no warranties or conditions, either express or implied, including without limitation, warranties of title, non-infringement and the implied warranties of merchantability and fitness for a particular purpose, concerning the Service, or any information accessed using the Service.
Limitation of liability
Site Ox will not be liable for any damages, including without limitation, lost profits, lost savings, or any incidental, special or indirect damages or other economic consequential damages, even if Site Ox has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
This limitation also applies to any of Site Ox subcontractors, suppliers, program developers, vendors, business partners, etc.
Under this Agreement, Site Ox is providing the Service, but is not providing you with any information end-products.
Site Ox will use commercially reasonable efforts to maintain adequate security on the systems used to provide the Service, and to prevent intentional or inadvertent access by third parties. Your communications using the Service will occur in a restricted-access environment (through the user ID and password you set). Site Ox monitors the level of utilization of the Service, but does not routinely monitor communications or data generated through use of the Service or any of your data transmissions occurring through it.
Despite the Service's restricted-access environment, Site Ox does not guarantee the security of your Software and data against detection by third parties. You are responsible for the security of your Software and data, and for the security and maintenance of your user ID and password. Therefore, you agree to employ industry standard security measures to protect your confidential Software, data, userid, and password. You agree to notify Site Ox immediately if you learn that your user ID or password security has been compromised.
This Agreement does not grant Site Ox a license to any of your copyrights in the Software. Site Ox will not copy or access your Software, except to provide system back-up or, at your request, to render technical assistance to you. Occasionally, Site Ox may need to perform system maintenance on the hardware and or Site Ox-provided software within the Service. However, during your normal use of the Service, Site Ox will not intentionally seek to discover or be exposed to your confidential Software or other data on the Service. Other than through your normal use of the Service, unless expressly provided for in a separate Site Ox Agreement for Exchange of Confidential Information signed by both you and Site Ox, you will not provide Site Ox with any information, including that incorporated in your Software, that is confidential to you or any other third party.
Neither Site Ox nor its Suppliers are responsible for: 1) the accuracy, completeness, timeliness, reliability, content or availability of the Service or any information retrieved; 2) loss or damage to your records or data; or 3) your use of or results achieved from the Service or any information retrieved.
This Agreement is the complete and exclusive agreement regarding the Service and replace any prior oral or written communications between you and Site Ox. Site Ox may modify this Agreement at any time by providing notice of the modification to you via the Service. If you do not accept the modification, you must immediately terminate your use of the Service. By continuing to use the Service, you accept the modification.
Site Ox may, at any time, 1) revoke your access to the Service and terminate this Agreement, or 2) modify, change or withdraw the Service, in whole or in part.
You must be 18 years of age or older to register to use the Service. You are responsible for restricting the use of the Service by persons under 18 years of age. Neither of us will bring a legal action, under this Agreement, more than two years after the cause of action arose.
This Agreement is entered into in the State of Tennessee, U.S.A. and governed by the laws of the State of Tennessee. Site Ox provides this Service to you in the United States. You agree to comply with all applicable United States laws, including those regarding the export of data.
Any parties who choose to abuse this Service, will be prosecuted by Site Ox to the fullest extend of the law.
How To Contact Us
Should you have other questions or concerns about these privacy policies, please contact us.