Terms and Conditions
Where the content states: "We" includes SiteRoar or any party acting on SiteRoar's implicit instructions. "You" includes the person purchasing the services or any party acting on the customer's instructions. "Member" includes the purchaser of services or any party acting on the purchaser's instructions. "The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions. "The Registry" refers to the relevant domain names Registry. "Server" means the computer server equipment in connection with the provision of the Services. "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet. "TOS" includes this agreement. SiteRoar reserves the right to modify this policy at any time, effective immediately upon posting of the modification to this URL: http://www.siteroar.com/page/terms. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:
1. Web Site Hosting
1.1 We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server. Whilst we endeavor to keep backups of all websites hosted on our servers, you are also responsible for keeping backups.
1.2 You shall effect and maintain adequate insurance coverage in respect of any loss or damage to data stored on the Server.
1.3 You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that:
1.3.1 you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third part; nor will you authorize or permit any other person to do so.
1.3.2 you will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable as determined by SiteRoar in any way.
(b) any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission of a criminal offence, or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
1.3.3 You will not promote a site hosted on our network using bulk email.
1.3.4 You will not employ programs which consume excessive system resources including, but not limited to, processor cycles and memory. We do not host server resource intensive programs.
1.3.5 If you surpass allotted disk/bandwidth usage you agree to purchase the excess in blocks. Such payment is to be immediate and non-disputable.
1.4 We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez, Underage Adult, Pornographic, or Copyrighted content.
1.5 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft, or unauthorized disclosure of your password or other security information.
1.6 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
1.7 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
1.8 SiteRoar does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
1.9 Any access to other networks connected to SiteRoar must comply with the rules appropriate for those other networks
1.10 While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure.
1.11 You may cancel the Services at any time by contacting support staff and requesting cancellation of services.
2. Service Availability
2.1 We shall use our reasonable endeavors to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.
2.2 We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is expected to last for more than 7 days you will be notified of the reason. We also reserve the right to disallow services/hosting to any client as we feel necessary and hold no liability. Also please note that we do not offer any sort of compensation on our network uptime guarantee.
2.3 The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
3.1 You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.
4. Limitation of Liability
4.1 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to sub clause.
4.2 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
4.3 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.
4.4 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.
4.5 In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
5.1 On our site you will find links to all the information to get your web site up and running. All information pertaining to your account should have been included in the Welcome Letter you received when we created your account. If you did not receive a welcome letter email, please contact our Support Team. There are several reasons an email may not reach you; first and foremost is if the domain you have contracted services for is the same domain your welcome email was sent to.
5.2 The support feature of our service at present time consists of solving server/script related problems only.
5.2.1 If you require support for custom modifications, you may purchase our technicians' services at the rate of $80 per hour, with one half hour minimum billed. We reserve the right to waive this fee at any time.
5.3 Support can only be addressed in English through our Support System.
5.4 All Support requests are to be processed through our Support System. Any other request for support, except as noted in Section 9.5, will be considered a breach of our TOS.
5.5 In the event of a server outage or other such emergency, you are free to contact us in any manner.
6.1 This Agreement shall be governed by and and interpreted with the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.
7.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
8. Torturous Conduct
8.1 No one shall post defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
8.2 Any abuse towards any SiteRoar employee/representative will not be tolerated. You are expected to request and respond to support and other issues in a professional manner. When emailing SiteRoar or utilizing the Ticket Desk Support System, refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behavior aimed at SiteRoar or it's employees shall be considered a violation of this TOS.
8.3 Any threat; whether verbally, orally, written, or delivered by second parties directed towards SiteRoar or any of it's employees, partners, equipment, and concerns shall be construed as a violation of this TOS.
8.4 Any conduct viewed as violating this section shall be considered a violation of this TOS. SiteRoar will be the sole arbitrator in regards to what is deemed a violation.
8.5 No refunds shall be given when the contents of this section necessitates removal of the account.
9. Affiliate Networks
SiteRoar includes affiliate network details with some of the websites sold. By using our service you agree to the following terms and conditions.
9.1 Some of the sites sold by SiteRoar utilise affiliate networks or other online advertising programmes to monetize websites. By including their links on your website, we are not recommending or giving credibility to the companies in any way.
9.2 While every effort is made to comply with affiliate networks and other companies terms and conditions, you are responsible for making sure the adverts on your site are allowed by the respective companies terms of service.
9.3 SiteRoar accept no liability for any losses incurred as a result of you not following the websites terms of service.
9.4 Any issues you have with affiliate networks should be addressed to the individual companies rather than SiteRoar.
9.5 SiteRoar do not include any affiliate accounts with their websites - it is up to you to apply for an account in order to start earning money. We cannot guarantee that you will be accepted.
10. Custom Software/Scripts
SiteRoar includes custom programmed scripts/software with the websites sold. By using our software you agree to the following terms and conditions.
10.1 SiteRoar accepts no responsibility for any losses incurred as a result of problems with our software/scripts.
10.2 Scripts/software has been tested thoroughly, but inevitably bugs can occur. If you discover a bug you agree to open up a support ticket immediately bringing it to our attention, and do not disclose the information to anybody else so as to keep your website secure.
10.3 You are not permitted to redistribute any part of our software, such actions may result in legal action.
10.4 If you wish to setup another website you must pay for another license.
10.5 Links to SiteRoar may not be removed.
10.6 You may not move any script/software onto another server.
10.7 SiteRoar reserve the right to make changes to scripts without your consent. This may be to bring you new features or improve the script/software. This should not affect the day to day running of your website.
10.8 SiteRoar are not responsible for any loss of your data as a result of errors with our script/software. You should keep backups of your website content.
11.1 It should be noted that SiteRoar do not sell business entities, we sell websites. You are responsible for declaring all taxes and forming companies.
11.2 Wherever the phrase "eBusiness" is used, it refers to the potential of the website sold to be an online based business. The website being sold is not a legal business entity. You should be aware that by purchasing a website it is your responsibility to investigate the options for your state/country.
12. Entire Agreement
12.1 These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
12.2 SiteRoar reserves the right to amend these TOS at any time.
12.3 It is your responsibility to check these Terms of Service on occasion for any such amendments.