Terms of Service
PLEASE READ THIS AGREEMENT BEFORE ORDERING SERVICES. BY ORDERING SERVICES YOU AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND THIS AGREEMENT, AND ARE AWARE OF OUR FEE STRUCTURE AND TERMS OF SERVICE.
TERMS OF SERVICE CONTRACT & ACCEPTABLE USAGE AGREEMENT v.1.0
This SERVICE LEVEL AGREEMENT AND TERMS OF SERVICE AGREEMENT ("Agreement") is made and entered between SIYILE INC. (hereinafter referred to as "SIYILE") and ALL SIYILE INC. CUSTOMERS (hereinafter referred to as "Client"), effective as of the signing of this Agreement by the later of SIYILE INC. or Client.
WHEREAS, SIYILE INC., provides web application hosting services for web sites and desires to provide web application hosting for a website for Client;
WHEREAS, Client desires to have web application services provided by SIYILE;
NOW, THEREFORE, in consideration of the mutual covenants, warranties, and representations herein contained and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, SIYILE and Client agree as follows:
Customers of Siyile agree to comply with the terms and conditions set forth below, and upon activation of customers account with Siyile, customer agrees to have reviewed the following terms and agree to be bound by the following terms. The Company reserves the right to change these terms of service, and recommends all subscribers to frequently view this contract. This agreement is structured in accordance to laws of the state of North Carolina , and the county of Mecklenburg .
This agreement sets out the terms and conditions ("Terms and Conditions") applicable to members of the services operated by SIYILE INC. In order for a customer to be a member of our service, and as a condition for participation, must agree to the following Terms and Conditions. In the event a customer breaches or otherwise fails to comply with any provision of these Terms and Conditions then in addition to any other remedy available to SIYILE INC. may terminate the participation of such websites and customers from network.
THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. SIYILE INC. CONTENT AND SERVICES ARE PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS. SIYILE DISCLAIMS ANY IMPLIED WARRANTIES. SIYILE INC., ANY OF ITS EMPLOYEES, MANAGEMENT OR AFFILIATES MAY NOT BE HELD RESPONSIBLE OR THUS LIABLE FOR ANY POSSIBLE DAMAGES RESULTING IN USE OR MISUSE OF ANY INFORMATION, CONTENT OR SERVICES PROVIDED BY SIYILE INC., INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL RESULTING FROM ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OF SERVICES, OR TERMINATION OF SERVICES.
Scope and Reach of Agreement:
This agreement applies to customers of the following services of SIYILE INC.
Products and Services offered at www.Siyile.com;
Products and Services offered at other related domain names and websites owned by SIYILE INC.
1.0 Right to Refusal With Out Cause
1.1 Siyile may refuse to accept any customer or any website for participation in the SIYILE INC. hosting network as determined by Siyile at its sole discretion.
2.0 Modification of Agreement
2.1 Siyile reserves the right to change the Terms and Conditions at any time. It is the customer's responsibility to check these Terms and Conditions from time to time for such changes. In the event the Siyile offers any additional or replacement services then this agreement shall apply to such services in the absence of any new agreement specific to such services which is entered into between the parties.
3.0 Hold Harmless (a)
3.1 The customer agrees to indemnify and hold SIYILE INC. and its affiliates, employees, agents and representatives harmless from and against any and all claims, demands, liabilities, expenses, losses, damages and attorney fees arising from any and all claims and lawsuits for libel, slander, copyright, and trademark violation as well as all other claims resulting from (i) the participation of the customer in the SIYILE INC. hosting network , (ii) operation of the customer's web site or any URL submitted to SIYILE INC. for participation in the SIYILE INC. or (iii) otherwise arising from customer's relationship with SIYILE INC.. The customer also agrees to indemnify SIYILE INC. for any legal fees incurred by SIYILE INC., acting reasonably, in investigating or enforcing its rights under this agreement.
4.0 Account Termination
4.1 SIYILE INC. reserves the right to cancel an account at will at its sole discretion. A customer may terminate an account with SIYILE INC., given that the following provisions are meeting:
4.1.1 Account is in good standing, all payments have been made;
4.1.2 Account does not host content which is not allowed on SIYILE INC. hosting network or Servers;
4.1.3 Account has no pending warnings / complaints.
5.0 Illegal Activity
5.1 Siyile hosting services may only be utilized for lawful purposes. Any actions by the customer that violate state laws, federal, local, or international laws are strictly prohibited, and will result in immediate removal of the customers account, including any files that may be stored within the account. The following activities are forbidden, and will result in immediate dismissal of customer accounts and files.
5.2 Host, or serve any material that contains threatening, unlawful, abusive, obscene, offensive, or otherwise material that Siyile finds inappropriate, will result in removal of services.
5.2.1 The hosting of unlicensed software that is available to the public;
5.2.2 Software or files that contain computer viruses or files that may harm user's computers;
5.2.3 Sending unsolicited or prohibited advertisements, or mass e-mails will result in immediate termination of customers account;
5.3 As mentioned, the utilization of Siyile services for unlawful activity is forbidden. In addition, upon activation of customers account, customer agrees to give Siyile the permission to disclose any, or all available information collected to law enforcement upon written request by enforcement agency. Information that may be disclosed includes, but it not limited to IP addresses, account history, and files stored on Siyile servers;
6.0 Agreement Activation
6.1 Customer agrees upon activation of Siyile services that Siyile rates were clearly visible, and have been communicated to the customer. Customer is also aware that rates may change from time to time, and in this case, customer will first be notified before any additional charges are posted on the customers account.
6.2 This agreement is active once the customer has submitted the information located at the SIYILE INC. Order Forms, and has been approved by Siyile. The duration of this agreement depends on the plan selected by the customer. Plans include, but are subject to change at any time: Monthly Billing, Quarterly Billing, and Yearly Billing. All packages are to be prepaid, as set forth in the plan section of Siyile.com, and if the customer decides to cancel any services before they have utilized services that they have already submitted payment for, customer realizes that a refund is subject to Siyile's approval, or denial.
7.0 Torturous Conduct
7.1 Any abuse towards any Siyile.com employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner, when emailing Siyile.com 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 Siyile.com or its employees shall be considered a violation of this TOS.
Any threat; whether verbally, orally, written, or delivered by second parties directed towards Siyile.com or any of it's employees, partners, equipment, and concerns shall be construed as a violation of this TOS.
Any conduct viewed as violating this section shall be considered a violation of this TOS. Siyile.com will be the sole arbitrator in regards to what is deemed a violation.
No refunds shall be given when the contents of this section necessitates removal of the account.
8.0 Mutual Contacts - Customer agrees to provide Siyile with accurate, up-to-date and valid contact information at all times. When changing addresses, a customer must notify Siyile within 10 business days of the address change taking effect. Siyile in turn, will provide and maintain contact information on our website at all times, and insure the information is valid. Our goal is an accurate and positive flow of information between our offices and our customers.
9.0 Service Guarantees
9.1 Siyile will guarantee an uptime average of 90% across our network and 90% network stability uptime. Siyile will pro-rate refunds and credits for downtime on a requested basis.
9.2 Siyile price lock guarantee and feature lock guarantee: Siyile will not raise prices without permission nor will Siyile downgrade features for customers. What you sign up with is what you will continue Siyile service with for your entire contract duration. In certain occasions, Siyile MAY grant additional services for all customers during package changes.
10.0 Refusal of Services
10.1 SIYILE INC. reserves the right to refuse service to anyone. Customers may only use SIYILE INC.'s servers 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. SIYILE INC. expressly forbids anyone from using SIYILE INC. servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, adult OR pornographic material, or any other material which we deem to be objectionable, including, but not limited to, again - pornography, again - adult materials, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of SIYILE INC. management.
11.0 Payment, Charge backs and Returned Checks
11.1 SIYILE INC. does not allow charge backs to occur to its merchant accounts and contracts with VISA / MASTER CARD International, American Express Bank. and Discover Financial Services. It is not recommended to initiate a charge back hence customer agreed to AUP (this document) and Terms & Conditions as outlined in this document and SIYILE INC. will use this document and customer's agreement at the time of order to wholeheartedly fight a charge back and / or dispute. If customer supplied a valid reason for refund, SIYILE INC. will gladly apply a refund ONLY if requirements as specified above are met. Any dispute / charge back attempts will immediately result in suspension of web hosting account and another charge applied to the customer credit card under the same order / authorization number.
11.2 SIYILE INC. will charge posted fees for all new and previous orders. Your fees will be based on the free structure when you created your account. Current pricing can be found at www.Siyile.com or at products.Siyile.com for an up-to-date list. However, this pricing may vary from the pricing and features on your account. SIYILE INC. reserves the right to modify and change packages as needed.
* Any customer who provides a credit card charge back in response to a bill and or order placed at SIYILE INC. will be subject to collections and legal action. Charge backs are NEVER acceptable means of attaining a refund. Further, by ordering an account with Siyile you are bound by these terms and conditions and must follow and agree to them. The following fees will be assessed for all chargebacks:
$25.00 charge back processing fee
$150.00 penalty for charge back usage
If collections action is required, a 22% collections fee will be assessed as well for the total amount.
* All returned checks will be sent to collections. Below is our returned check fee by states.
** For states marked with an asterisk (*), the fee shown or the maximum amount permitted by law.
** For states marked with double asterisk (**), the law allows us to hold the check writer responsible for all other costs of collection.
Alaska .... $25
Alabama .... $28**
Arkansas .... $25
Arizona .... $25
California .... $25
Colorado .... $20**
Connecticut .... $20
District of Columbia .... $25
Delaware .... $30
Florida .... $25**
Georgia .... $25*
Guam .... $20
Hawaii .... $20
Iowa .... $20*
Idaho .... $20
Illinois .... $25**
Indiana .... $20*
Kansas .... $30
Kentucky .... $25*
Louisiana .... $25*
Massachusetts .... $25
Maryland .... $35
Maine .... $25
Michigan .... $25
Minnesota .... $30**
Missouri .... $20
Mississippi .... $30
Montana .... $30
North Carolina .... $25
North Dakota .... $25
Nebraska .... $35
New Hampshire .... $25
New Jersey .... $30
New Mexico .... $30
Nevada .... $25
New York .... $20
Ohio .... $30*
Oklahoma .... $25*
Oregon .... $25
Pennsylvania .... $30
Puerto Rico .... $10
Rhode Island .... $25
South Carolina .... $25
South Dakota .... $30
Tennessee .... $20
Texas .... $25**
Utah .... $20
Virginia .... $25
Virgin Islands .... $20
Vermont .... $25
Washington .... $25**
Wisconsin .... $25**
West Virginia .... $15
Wyoming .... $30*
12.0 Service Denial
12.1 Siyile may temporarily, or indefinitely deny service of terminate this agreement upon failure to collect payment from customer. Such termination with no payment will result in customer being indebted to Siyile, and customer will be responsible for reasonable interest and collection fees.
13.0 Warranties and representations
13.1 Siyile makes no warranties or representations for the services being offered. Siyile provides hosting services on an "as is" and "as available" basis with no warranties for the services provided to customer. Siyile provides no warranty for connection issues, or uninterrupted service customers may incur while hosting with Siyile.
14.0 Miscellaneous Headings
14.0.1 This Agreement contains the entire understanding between the parties hereto with respect to the transaction contemplated hereby, and it may not be amended, modified, or altered except by an instrument in writing signed by the party to be charged.
14.0.2 This Agreement shall be construed under and interpreted in accordance with the laws of the State of North Carolina .
14.0.3 This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns.
14.0.4 The captions and headings contained herein are inserted for convenient reference only, are not a part hereof, and the same shall not limit or construe the provision to which they apply. The Exhibits hereto are hereby incorporated herein by this reference and made a part hereof.
14.0.5 This Agreement may be executed in counterparts, each of which shall be deemed an original
14.0.7 Survival of this agreement: This FULL agreement is to survive the holders account by a period of 60 days.
14.0.8. Press & News Releases
* Forward Looking Statements: Any statements in this website that are not historical facts are forward-looking statements that involve risks and uncertainties; actual results may differ from the forward-looking statements. Sentences or phrases that use such words as "believes," "anticipates," "plans," "may," "hopes," "can," "will," "expects," "is designed to," "with the intent," "potential" and others indicate forward-looking statements, but their absence does not mean that a statement is not forward-looking. The Company undertakes no obligation to publicly release the results of any revisions to these forward-looking statements that may be made to reflect events or circumstances after the date hereof or to reflect the occurrence of unanticipated events.
15.0 Limitation of Liability
15.1 Customer agrees that no Siyile Person, under any circumstances, shall be held responsible or liable for situations where the Services are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Siyile at the time) which may exist in the Services or Siyile's equipment used to provide the Services.
Under no circumstances, including negligence, shall any Siyile Person be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, any Reseller Customer or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if Siyile has been advised of the possibility of such damages. No Siyile Person shall be liable to Customer, any of its customers, any Reseller Customer or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Siyile's records, programs, equipment or services.
Notwithstanding anything to the contrary in this Agreement, Siyile's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the quarter (3 month) period prior to the date the damage or loss occurred or the cause of action arose.
Customer understands, acknowledges and agrees that if Siyile takes any corrective action under this Agreement because of an action of Customer or one if its customer or a Reseller Customer, that corrective action may adversely affect other customers of Customer or other Reseller Customers, and Customer agrees that Siyile shall have no liability to Customer, any of its customers or any Reseller Customer due to such corrective action by Siyile.
This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.
16.0 Customer Website; E-commerce; Customer Warranties/Guarantees
16.1 Customer shall be solely responsible for the development, operation and maintenance of Customer's web site, online store and e-commerce activities, for all products and services offered by Customer or appearing online and for all contents and materials appearing online or on Customer's products, including, without limitation (i) the accuracy and appropriateness of the Customer Content and content and material appearing in its store or on its products, (ii) ensuring that the Customer Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person, and (iii) ensuring that the Customer Content and the content and materials appearing in its store or on its products are not defamatory or otherwise illegal. Customer shall be solely responsible for accepting, processing and filling customer orders and for handling customer inquiries or complaints. Customer shall be solely responsible for the payment or satisfaction of any and all taxes associated with its web site and online store.
16.2 Customer shall be responsible for the security and confidentiality of any customer information (including, without limitation, customer credit card numbers) that Customer may receive as a result of its web site or online store.
16.3 Customer represents and warrants to Siyile that Customer owns or has the right to use the Customer Content and material contained therein, including all text, graphics, sound, music, video, programming, scripts and applets, and the use, reproduction, distribution and transmission of the Customer Content and any information and materials contained therein does not, and will not, (i) infringe or misappropriate any copyright, patent, trademark, trade secret or any other proprietary right of a third party, (ii) violate any criminal laws or (iii) constitute false advertising, unfair competition, defamation, an invasion of privacy, violate a right of publicity or violate any other law or regulation. Customer grants Siyile the right to reproduce, copy, use and distribute all and any portion of the Customer Content to the extent needed to provide and operate the Services.
17.0 Force Majeure
17.1 SIYILE INC. shall not be liable for failure or delay in performing it obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
18.0 Verification of Agreement & Ratification
18.1 By activating your account, you understand that by placing files on Siyile servers, you are openly offering your files to the public, and that Siyile has no way of limiting this access, and do not warrant the protection of your files. It is your sole responsibility to upload files to your allocated space with discretion, and we strongly recommend that you not upload any personal files or information that you would not publicly post on your website(s).
19.1 Customer shall not have the right to assign this Agreement without the prior written consent of Siyile. This Agreement shall be binding upon and inure to the benefit of Customer and Siyile and their successors and permitted assigns.
19.0 Entire Agreement; Severability of Agreement
19.1 This Agreement, together with the Order Form and any other documents or agreements specifically identified in this Agreement, represents the entire agreement between the parties, and supercedes all previous representations, understandings or agreements. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.
19.2 Customer hereby represents that he, she or it is either, an individual entering this Agreement for his or her personal use and is over 18 years of age, or a corporation, limited partnership or other legal entity, duly organized, validly existing and in good standing under the laws of the state of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.