Policies

See PRIVACY POLICY: click here.See MAIL SERVER POLICY: click here.

The use of services from SITEWORKS HOSTING NETWORK / SITEWORKS.COM [hereafter referred to as “SITEWORKS”] constitutes agreement to these terms, including the Privacy Policy and the Mail Server Policy. All clients including resellers and their clients must adhere to all policies.

Age:

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

Ownership

The payer, credit card holder or owner of the PayPal e-mail address which is utilized for payment on the account is designated as the authorized owner of the account.

30-Day Money Back Guarantee:

The SITEWORKS Hosting Network offers a “no-questions-asked” 30-Day money back guarantee for all new first-time 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, if any)

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 http://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. 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. (true for PayPal as well)

This refund policy does not apply to dedicated servers,  installation fees for custom software,  domain name purchases or any additional services such as add-ons.

Violations of the Terms of Service will waive the refund policy.

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 http://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:

The cancellation process for dedicated servers differs from that of a shared hosting account. Dedicated servers must be cancelled on or before the 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 with us.

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, High Volume Mail Fees, Dedicated IP#s and SSL certs)
•    5% discount allowed when pre-paid quarterly (3 months)
•    10% discount for half-yearly prepayment (6 months)
•    15% off for an annual prepayment (12 months)

Prepaid accounts that cancel before the prepay period has ended will have appropriate refund processed at adjusted discount level upon request.

Foreign Domains

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

Email Access Frequency

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.

Excessive Traffic

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

Content:

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.

In addition any site selling or promoting Bulk email services is not allowed.

Using a shared hosting account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not store backups of your backups within the hosted account.

Examples of unacceptable material on all Shared and Reseller servers include:

•    Hacker focused sites/archives/programs
•    Sites promoting illegal activities
•    Forums and/or websites that distribute or link to warez/pirated/illegal content
•    Topsites
•    IRC Scripts/Bots
•    Proxy Scripts/Anonymizers
•    Pirated Software/Warez
•    Image Hosting Scripts (similar to Photobucket or Tinypic)
•    AutoSurf/PTC/PTS/PPC sites
•    IP Scanners
•    Bruteforce Programs/Scripts/Applications
•    Mail Bombers/Spam Scripts
•    Banner-Ad services (commercial banner ad rotation)
•    File Dump/Mirror Scripts (similar to rapidshare)
•    Commercial Audio Streaming (more than one or two streams)
•    Escrow/Bank Debentures
•    High-Yield Interest Programs (HYIP) or Related Sites
•    Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
•    Sale of any controlled substance without prior proof of appropriate permit(s)
•    Push button mail scripts
•    Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
•    Tell A Friend Scripts
•    Prime Banks Programs
•    Lottery/Gambling Sites
•    MUDs/RPGs/PBBGs
•    Bank Debentures/Bank Debenture Trading Programs
•    Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)

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

Indemnification

 

Customer agrees that it shall defend, indemnify, save and hold SITEWORKS harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against SITEWORKS, 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 SITEWORKS against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with SITEWORKS; (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 SITEWORKS’s server.

Disclaimer:

SITEWORKS 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  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 SITEWORKS and its employees.

CGI Scripts:

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.

Resource Usage

User may not:

  • Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: RAM, CGI scripts, FTP, PHP, HTTP, etc.
  • Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
  • Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
  • Run any software that interfaces with an IRC (Internet Relay Chat) network.
  • Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
  • Participate in any file-sharing/peer-to-peer activities
  • Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
  • Run cron entries with intervals of less than 15 minutes.
  • Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
  • When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)
  • To help reduce usage, do not force html to handle server-side code (like php and shtml).
  • Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

INODES (FILES)

Accounts found to be exceeding 100,000 inodes will be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage,  image file, email message, etc) on your account uses up 1 inode. The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension.

The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking the primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here.

PERMISSIONS & CHMOD

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

Backup Limit

Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of mySQL databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.

Backups and Data Loss

Your use of this service is at your sole risk. Our backup service runs 3x a week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. SITEWORKS is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on SITEWORKS servers.

Commercial Advertising – Email:

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.

Server Abuse:

Any attempts to undermine or cause harm to a server is strictly prohibited.

Refusal of Service:

We reserve the right to refuse or cancel service at our sole discretion.

Privacy Note:

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 Privacy Policy for full details.

Disclosure to law enforcement

SITEWORKS 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.

Changes to the Terms of Service (TOS)

SITEWORKS reserves the right to revise its policies at any time without notice.

**If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation.**