TERMS AND CONDITIONS
Last Updated 01/26/2006

Our overall goal is to ensure that all Site Host City Customers are able to design, deploy, and maintain their web sites, email, programs, and files in a secure hosting environment that offers stability and reliability. We are firm about our Terms and Conditions and Acceptable Use Policy and require that all Customers agree to these Terms prior to doing business with us.

By submitting our online order form, providing payment for our services or otherwise placing any order with us, Site Host City Customers agree to be bound to the following terms set forth in this Terms and Conditions and Acceptable Use Policy.

Use of Websites in Our Environment
Site Host City reserves the right to refuse service to anyone for any reason. Customers may only use Site Host City server for lawful purposes. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The identification of contact and activity is at the discretion of Site Host City Management.

Web Sites which meet any of the following criteria will be terminated immediately,
at our discretion:

- Is publicly offensive
- Displays or Promotes racism, bigotry, or hate
- Displays or Promotes material that exploits children
- Disrupts the use of, or interferes with, our network, system, service, or equipment
- Facilitates, promotes, sells, or displays activities that are determined to be illegal
- Promotes, facilitates "phishing" or any other attempt at identity theft
- Misrepresents itself illegally as another site, another entity or person
- Otherwise violates our terms and conditions

Customer Information and Privacy
We may disclose customer information or information transmitted over our network when it is necessary to protect Site Host City, our  Customers. We will comply with Local, State and Federal authorities if we are requested to provide information about our customer or a domain hosting with us. We have no obligation to inform the customer that information has been provided and may be prohibited by law from giving such notice.


Server Abuse and Over Usage of Server Resources
Any process or service usage that affects normal shared server operation or causes a server to become overloaded will be suspended. Shared server resources include CPU and memory usage, number of concurrent processes, number of concurrent port or database connections and total bandwidth. Possible causes of server resource abuse include, but are not limited to, the overuse of: CGI, Perl, Sendmail, mySQL, PHP, HTTP, SMTP, POP3, IMAP and FTP services. For any domain which causes downtime to our servers, we will make a reasonable effort to contact the owner before terminating the account.


Data Storage, Backups, and Security
Site Host City provides a backup mechanism within the control panel of each domain. As such, customers are able to download their own backups at will. Customers are required to secure their webspace as appropriate, make backups as needed, and maintain alphanumeric passwords containing at least 8 characters.

Site Host City is not responsible for any damages to your business or your web site in the event of data loss or corruption, delays, non-deliveries, incorrect delivery, and service interruptions caused by: a) technology failures and/or outages; b) Site Host City Customers; c) Site Host City Employees or agents; including any such impact to your business or services due to suspension or termination of your account.

Site Host City has no liability arising out of: injury to person, property or data caused by any products sold or otherwise distributed in connection with our services; Copyright, Patent, Trademark infringement and/or Intellectual Property violations; Any defective products sold to any customer from any domain hosted with us.


Email
Site Host City does not monitor the content of electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or a complaint has been logged about SPAM. We do regularly monitor our overall services to determine that our technologies are operating normally.
Each domain is permitted to send no more than 1000 email transmissions per hour. Domains violating this rule will be suspended. In addition, you may not use your domain mail services to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Customers whose domains are used to harass or intimidate others will be subject to our corrective action procedures.

SPAM, Unsolicited Email, and Blacklisting
We will immediately suspend any domain or customer's account confirmed to be SPAMMING (sending unsolicited emails) from our servers. We will make a reasonable effort to contact the customer prior to suspension to address the issue. Any domain causing our servers to be blacklisted for SPAM will be terminated immediately. We do not take SPAMMING lightly, and we encourage customers to be cautious when sending bulk email communications.

Online Stores and Ecommerce Sites
You are solely responsible for the development, operation and maintenance of your own online store. You agree to maintain only legal content, products and services appearing on your site, including: a) an accurate description of your products and services; b) ensuring that you are not infringing on the copyright or trademark of another company or individual; and c) affirm that the sale of your products and services are not illegal.

You are responsible for the security of credit card numbers and any other customer information you may accumulate through transactions on your web site. We recommend that you purchase and use an SSL Certificate to transmit personal data and credit card numbers, and if you are storing such data on your site, ensure that the directories containing such information are secured appropriately.

Mature Content
Site Host City does not police web content for domains hosted on our servers. We expect that you understand that Internet information is publicly accessible, even sometimes to those who are not of age to view some materials. Furthermore, we require that each owner of a hosted domain with us is responsible for the material on their website and that reasonable steps are taken to shield inappropriate information, content, and graphics from minors.

We require that sites which are targeted to adult-only audiences display an entry page with the appropriate disclaimers regarding state and federal laws prohibiting use of the site by minors. No sexually explicit content may be on the home page of any adult-content or sexually explicit web site. Should we find that the disclaimers not appear, as required by our service, we reserve the right to immediately suspend and/or terminate the site without refund. Site Host City will report any incidence of Child Pornography to the appropriate authorities.

Chat Rooms and IRC
We welcome customers to install chat applications that do not use IRC within our hosting environment. Any customer found to be using an IRC Chat in their hosting space will be terminated. IRC clients and IRC bots are not to be installed, used, emailed, or otherwise engaged on or through any of our servers.

Third Party Services and Software provided by Site Host City
Material that is accessible to you through Site Host City 's services is protected under the United States Copyright Laws, Trademark Laws and Intellectual Property laws except when permitted by the owners. You may not infringe on the rights of the owners of these programs and you are required to adhere to the Terms and conditions of the product or services.

Site Host City does not make any representations or warranties, expressed or implied, regarding any third party services and software. Customers agree and understand that use of third party services and software provided through Site Host City is at customer's risk and such products are provided "as is". The Customer is responsible for securing and updating any script, program or files which the third party service has deemed a threat to web site security, our network, or our services.

Site Host City nor any third party vendor will be legally responsible for any damages, direct, indirect, or consequential, arising from the use of, or inability to use any third party service or software. The Customer agrees to adhere to the terms of the third party's EULA (end user license agreement) will be responsible for complying with the terms in the EULA.

Complaints of Abuse or Violation of Our Terms and Conditions/AUP
If any person would like to file a complaint about abuse or violation of the Site Host City Terms and Conditions and Acceptable Use Policy, we encourage you to do so by emailing us at abuse@sitehostcity.com. Each complaint will be investigated and/or forwarded to the proper authorities upon receipt. Customers who have had a complaint filed against them will be contacted via phone and/or email.

Corrective Action
Our first priority is to stabilize our server, this means that we may need to suspend or disconnect your service without prior notification. We realize that in most cases, abuse to our servers, systems or network is usually not done intentionally, and we will make a reasonable effort to contact customer and remedy the problem.

Corrective Action options at our discretion are as follows:
- Customer Contract by phone or email
- Formal Written Warning
- Account or Domain Suspension
- Account or Domain Termination and/or Reporting to appropriate legal authority 

Indemnification
Customer agrees to indemnify and hold harmless Site Host City and the employees and agents of Site Host City against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Subscriber's use of the Services and Products, and will reimburse a Site Host City for all  legal and other expenses, including reasonable attorneys' fees incurred by Site Host City in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Site Host City is a party.

Please direct all Legal inquiries to: legal@sitehostcity.com

  
Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.

Revisions to the Terms and Conditions/AUP
Site Host City reserves the right to modify our Terms and Conditions at any time and will post only the most current version on our website.