Sitesenkit makes no warranty with respect to any software or hardware used or provided by sitesenkit in connection with the sitesenkit webservices. You represent and warrant to sitesenkit that: (1) You have the power and authority to enter into and perform Your obligations under this Agreement; (2) 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 (3) You own your website 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 website. You may not use the sitesenkit servers and your website as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and sitesenkit reserves the right to remove sites that contain information about hacking or links to such information. Use of your website as an anonymous gateway is prohibited. sitesenkit prohibits the use of software or scripts run on its servers that cause the server to load beyond a reasonable level, as determined by sitesenkit. You agree that sitesenkit reserves the right to remove your website temporarily or permanently from its hosting servers if sitesenkit is the recipient of activities that threaten the stability of its network. The customer agree not to engage in unacceptable use of any Services, which includes, without limitation, use of the Services to: (1) disseminate or transmit unsolicited messages, chain letters or unsolicited commercial email; (2) disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (3) disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (4) create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication; (5) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions; (6) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which You do not have authorization to access or at a level exceeding Your authorization; (7) disseminate or transmit any virus, Trojan horse or other malicious, harmful or disabling data, work, code or program; or (8) engage in any other activity deemed by sitesenkit to be in conflict with the spirit or intent of this Agreement or any sitesenkit policy.
Availability of Services: Subject to the terms and conditions of this Agreement, sitesenkit shall attempt to provide the sitesenkit webservices for twenty-four hours a day, seven days a week throughout the term of this Agreement. You agree that from time to time the Web Builder service may be inaccessible or inoperable for any reason, including, without limitation: (1) equipment malfunctions; (2) periodic maintenance procedures or repairs which sitesenkit may undertake from time to time; or (3) causes beyond the control of sitesenkit or which are not reasonably foreseeable by sitesenkit, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures. You agree that sitesenkit has no control of availability of Web Hosting on a continuous or uninterrupted basis.
Web Site Content: You shall be solely responsible for providing, updating, uploading and maintaining your website and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. your website content shall also include any registered domain names provided by You or registered on behalf of You in connection with the Web Hosting services.
Customer Will Provide Payment for Products and/or Services to sitesenkit including set-up fee, and any other charges the Customer may incur through the sitesenkit Services. Service to begin upon completion of validated procurement of fees. Set-up fee is nonrefundable.
Customer is responsible to notify sitesenkit of any changes in their name, address, etc. If at any time, we determine in our sole discretion, that payment for Services may not be made when due, we will suspend Services to you, and require that you provide payment on account or a guarantee of payment before resuming Services. All past due accounts will incur a reactivation/reprogramming fee. If the Customer has a dispute of charges, dispute must be received within 5 days of the billing date (the 1st of the month).
Storage and Security: At all times, You shall bear full risk of loss and damage to your website and all of your website content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree that you are solely responsible for all acts, omissions and use under and charges incurred with Your account or password. You shall be solely responsible for undertaking measures to: (1) prevent any loss or damage to your website content; (2) maintain independent archival and backup copies of your website content; (3) ensure the security, confidentiality and integrity of all your website content transmitted through or stored on sitesenkit servers; and (iv) ensure the confidentiality of Your password. sitesenkit servers and hosting services are not an archive and sitesenkit shall have no liability to You or any other person for loss, damage or destruction of any of Your content. If Your password is lost, stolen or otherwise compromised, You shall promptly notify sitesenkit, whereupon sitesenkit shall suspend access to Your account by use of such password and issue a replacement password to You or Your authorized representative. sitesenkit will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by sitesenkit or another party due to someone else using Your account or password.
Sitesenkit Rights: sitesenkit explicitly reserves the right and sole discretion to: (1) Censor any web site hosted on its Web Hosting servers that, in sitesenkit sole discretion, is deemed inappropriate; (2) Modify its pricing through email notification; (3) Terminate Your the sitesenkit webservices for unsolicited, illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; nonpayment of Website Builder fees; and other activities whether lawful or unlawful that sitesenkit determines to be harmful to its other customers, operations, or reputation; (4) Terminate Your the sitesenkit webservices if the contents of your website result in, or are the subject of, legal action or threatened legal action, against sitesenkit or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. sitesenkit has no obligation to monitor the Site or any of Your content, but reserves the right in its sole discretion to do so.
Limitation of Liability: IN NO EVENT SHALL sitesenkit BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE, EVEN IF sitesenkit HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT sitesenkit TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL FEES PAID BY YOU TO sitesenkit HEREUNDER FOR THE ONE (1) YEAR PERIOD PRIOR TO ANY ACT OR OMISSION GIVING RISE TO ANY POTENTIAL LIABILITY.
Indemnity: You agree to release, defend, indemnify and hold harmless sitesenkit and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any action, claim, demand, dispute, liability, losses, damages or costs, including reasonable attorney’s fees and costs, resulting from or related to (1) a dispute over one or more web sites sitesenkit is hosting for you, (2) Your breach of this Agreement, (3) any negligence, willful or improper misconduct by You; (4) any allegation that Your site or content infringes a third person’s copyright, trademark or proprietary or intellectual property right, or misappropriates a third person’s trade secrets; or (5) any action or conduct of sitesenkit undertaken pursuant to this Agreement. You shall defend and settle at Your sole expense all proceedings arising out of the foregoing. You agree that sitesenkit shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify sitesenkit of any such claim promptly in writing and to allow sitesenkit to control the proceedings. You agree to cooperate fully with sitesenkit during such proceedings. You agree You will not be entitled to a refund of any fees paid to sitesenkit if, for any reason, sitesenkit takes corrective action with respect to Your improper or illegal use of its the sitesenkit webservicess. You also agree that if sitesenkit is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a account hosted by sitesenkit, that sitesenkit, in its sole discretion, may take whatever action sitesenkit deems necessary regarding further modification, assignment of and/or control of the site to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.
Disclaimer of Warranties: sitesenkit expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, concerning any subject matter of this agreement.
Severability: You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
