1.1 – Sitestar Corporation and its subsidiaries (henceforth known as Sitestar) will provide services or assistance for Internet access on its computing and network systems to individual account holders in exchange for payment of fees, and in compliance with the terms and conditions of this Agreement.
1.2 - For Dial-up Internet Service, it is the customer’s sole responsibility to check with his/her Telephone company to ensure any number the computer may dial is a local or toll free call. The account holder agrees that Sitestar will not be held responsible for charges, long distance or otherwise, incurred as a result of the wrong modem number being dialed by the customer or other user of customer's computer.
1.3 – There is no money back guarantee for any services that Sitestar provides unless specifically written in a one-time only promotion.
1.4 – Sitestar does not give any prorated refunds for unused time.
2.0 USE OF SERVICES
2.1 - A typical Sitestar account is for individual personal use only, and the account holder therefore agrees to maintain a secure password for the account, and not to share this password with anyone else. Customer also agrees to use their best efforts to protect their Internet service from being shared or hi-jacked from others not in the same household or business.
2.2 – For standard Dial-up Internet Service, the account holder further agrees not to use the Sitestar account for unattended automated operations, or for multi-user applications, or server connectivity applications. Any account holder that is using their service that is not designated for this purpose but used in this manner (a.k.a. a Dedicated or Multi-user Connection) may be automatically switched to this type of service and charged accordingly.
2.3 - The account holder agrees to use the services as permitted by local, state/provincial and federal law. The account holder shall not use the services or carry out any business activity or solicit performance of any activity that is prohibited by law.
2.4 - The account holder agrees not to use the Sitestar site to obtain, reproduce or distribute in any way, information, software or other material which is protected by copyright, without obtaining written permission of the copyright owner.
2.5 - Sitestar reserves the right to disconnect sessions after a pre-defined period of inactivity and to restrict the length of sessions if required. The account holder agrees not to use Internet applications for the purpose of simulating network activity to avoid session inactivity disconnection.
2.6 – For account holders that are hosting their websites with Sitestar, the account holder agrees not to store more than the maximum amount of data as specified according to their plan. The account holder further agrees to backup all of their pages and files that may be stored into their home directory, and that Sitestar will not be held responsible for any type of data that may be lost or damaged. Backup and storage of the account holder’s website can be provided by Sitestar for an additional fee.
2.7 - Sitestar reserves the right to prioritize access connectivity if required in periods of peak network demand. The heaviest usage customers may find their access temporarily restricted during periods of peak network demand (generally evening hours).
2.8 - Sitestar enforces a policy of "NO TOLERANCE" with respect to SPAM and abusive unsolicited email. If you use your Sitestar access to compromise any Network services, your access and hosting via Sitestar may be discontinued.
2.9 - Sitestar will not tolerate nor host on its servers any home pages or websites containing pornographic or obscene material.
2.10 - The account holder acknowledges that Sitestar will terminate the account without notice, if they do not comply with these terms.
3. TECHNICAL SUPPORT
Sitestar assumes that the account holder has a basic understanding of their computer. Sitestar Corporation will not train the account holder in basic computer skills (i.e., configuring your firewall, antivirus or other third party software, deleting files or creating directories). Technical support is provided free on most service plans and is intended to facilitate the setup of the account holder’s properly functioning computer system for access to Sitestar’s services. The account holder’s computer must recognize their modem or network card, and receive a dial tone or network link connectivity before any free technical support will be given. Our technical support team will be happy to assist you in helping you get your computer working and setup properly for an additional hourly fee. If an account holder wishes to use Sitestar’s technical support, the account holder must be available to help troubleshoot the connection or computer setup.
4. ELECTRONIC DELIVERY POLICY AND YOUR CONSENT
You agree that we may provide electronically to you required notices, agreements and other information concerning Sitestar. We will send notices periodically via email or post the notices on the home page of Sitestar.com or on the relevant web page of the applicable service. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of Sitestar’s services.
6. TRANSACTIONS ON THE INTERNET
Any purchase or transaction through the Sitestar site or the Internet will require the account holder to divulge some personal information, credit card number or other details of payment. The account holder agrees that any information provided to a merchant or other provider through the Sitestar site will be accurate. The account holder agrees to pay all charges incurred by him or other users of his account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. The account holder will also be responsible for paying all applicable taxes, if any, relating to purchases on the Sitestar site.
7. CONFIDENTIAL INFORMATION
Sitestar will do its best efforts to keep account holder’s billing and account usage information safe. Sitestar may keep track of connection usage for purposes of verifying usage or as required by law. Sitestar may divulge account holder’s information to law enforcement or other government investigative agency if required by court order.
The account holder agrees to defend, indemnify and hold Sitestar harmless from any and all liabilities, costs and expenses, including reasonable attorney's fees, resulting from any utilization by the account holder of Sitestar services which cause direct or indirect damage to another party.
Sitestar Corporation logos and icons identifying Sitestar and its subsidiaries services referenced herein may contain trademarks of Sitestar and can not be used without permission of Sitestar.
10.0 PAYMENT OF FEES
10.1 - The account holder will pay Sitestar a usage fee based on the price and service they have signed up for and/or are using.
10.2 - All payments for services will be submitted in advance of receiving services.
10.3 - All usage and other fees are non-refundable.
10.4 - The subscriber understands that Sitestar's terms require prepayment on the first day of each term and that the subscriber's account may be subject to late fees on past-due balances. Furthermore, the subscriber understands that the service will not be operational if the subscriber's account is past due, and that collection fees (including legal fees) and related costs are the responsibility of the subscriber in the event of the subscriber’s non-payment.
10.5 – The account holder understands that a service charge of $30.00 will be applied to the subscriber's account in the event of a returned payment of any kind (including a credit card chargeback). It is the responsibility of the account holder to inform Sitestar of lost, stolen or expired credit card information, changes in bank account information, or other information pertinent to the billing for Internet Services.
10.6 – A reconnect fee of up to $15.00 may be charged to accounts that are past due and have been deactivated for non-payment.
10.7 - A Sitestar Dial-up Internet account permits single dial-up, and/or log in sessions only with no simultaneous dial-up and/or log in sessions permitted. Any simultaneous dial-up and/or log in activity recorded will incur a $30.00 fee per occurrence, charged to the account holder without notice. It is the responsibility of the account holder to monitor dial-up and/or log in activity and make sure that no one else is using their account.
11.0 ACCOUNT RENEWAL AND TERMINATION
11.1 - Accounts shall be automatically renewed for successive terms on the expiry of the initial and each successive term unless the account holder or Sitestar gives the other party proper notice in writing of the termination.
11.2 - If the account holder fails to pay for the use of the Sitestar services or fails to pay any other amount owed to Sitestar in accordance with its invoice terms, Sitestar may suspended or terminate its services without notice to the account holder.
11.3 - The Sitestar service may be terminated by either party upon 10 days written notice before the accounts next renewal date in the absence of any breach of contract. Written notice may be given via email to firstname.lastname@example.org, by fax or by letter. Cancellation can also be done through Sitestar’s Account Maintenance website. In the case of the account holder, notice shall be directed to the address provided on the account holder file. Failure to give appropriate notice of cancellation may cause additional charges to occur until such notice is given. Cancellation notices less than 10 days prior to the account holder’s due date will cause services to be terminated the following month’s due date or an early termination fee equivalent to one month’s service may be imposed.
11.4 – Account holder understands that lack of use does not substitute notice of cancellation.
11.5 – Sitestar is not responsible for refunds on prepaid services or services not used but having been paid. It is the account holder’s responsibility to choose the best plan for their needs and to notify Sitestar when they wish to cancel their service.
12.0 LIMITATION OF LIABILITY
12.1 – As stated in Section 1.2, account holder is solely responsible for any long distance or toll charges that might incur as a result of Sitestar’s services. Sitestar is not responsible for giving you an incorrect dial-up number or the account holder switching their dial-up number to a number that is not toll-free. Account holder is responsible for verifying that any number their computer dials is a local, toll-free number.
12.2 - Sitestar has the right, but not the obligation, to monitor any activity and content associated with its sites and services. Sitestar may investigate any complaint or reported violation of its policies and take any action it deems appropriate. Such actions may include, but are not limited to, issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on a hosted web site.
12.2 - Sitestar also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental request, to protect Sitestar's systems and customers, or to ensure the integrity and operation of Sitestar's business and systems, Sitestar may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history and posted content.
12.3 - SITESTAR PROVIDES ITS WEBSITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. SITESTAR FURTHER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT FOR THE SERVICES AS PROVIDED. SITESTAR FURTHER DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR.
12.4 - IN NO EVENT SHALL SITESTAR, OFFICERS, EMPLOYEES OR ITS AFFILIATES BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, OR INTENTIONALLY OR NEGLIGENTLY, THE USE OF SITESTAR'S SITE OR SERVICES.
13.1 - This agreement shall be governed by and construed in accordance with the laws of the applicable State/Province, and any legal action regarding the Agreement shall be brought in the Courts of the Province of Ontario or State of Virginia and the parties hereto hereby agree to that jurisdiction.
13.2 - Furthermore, upon notice published online by Sitestar services, the above terms and conditions may be modified, prices for services may be changed, as well as services may be discontinued or changed.
13.3 - If the account holder is not satisfied with the Sitestar operations, or with these terms and conditions, policies and practices, his sole and exclusive remedy is to discontinue using the Sitestar site. The account holder will please notify our Customer Service department in writing to initiate a closure of his/her account.
13.4 - While Sitestar provides a significant virus filter for email, you acknowledge that the Internet is an inherently insecure environment and that any computer or other equipment you attach directly or indirectly to the Internet may become the target of computer hackers and is susceptible to attacks from viruses or the like. You are solely responsible for keeping your machines secure, updated and free of viruses or other harmful programs that can directly or indirectly interfere with the operations of Sitestar's sites and services, and that of third parties connected to its networks. You are solely responsible for guarding against and repairing your computers and other systems from any infection by malicious code or unauthorized use.