Acceptable Use Policy(AUP)


By using Sitejibe's web hosting services, Client agrees to comply with our policies. Client is expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. It is expected that client has a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use. The following are unacceptable uses:

Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted software, violation of U.S. export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities.

Interpretation


The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. Sitejibe reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.

Illegal Use


Sitejibe servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: "Pirated software", "Hackers programs or archives", "Warez Sites", "Irc Bots", "Mp3".

Sitejibe will be the sole arbiters as to what constitutes a violation of this provision.

System and Network Security


Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.

It is a violation for anyone who, including but not limited to, employs posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for their own account; or resale of access to CGI scripts installed on our servers.

Tortious Conduct


No one shall post defamatory, scandalous, violent or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.

Spamming


Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site or distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam.

It is contrary to Sitejibe's policy for customers to use our servers to effect or participate in any of the following activities:

To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list;

To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke complaints from the recipients;

To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a Sitejibe provided server, or using a Sitejibe provided server as a maildrop for responses;

To falsify user information provided to Sitejibe or to other users of the service in connection with use of a Sitejibe service.

When Sitejibe becomes aware of an alleged violation of its Acceptable Use Policy, Sitejibe will initiate an investigation (within 24-48 hours). During the investigation Sitejibe may restrict Customer's access in order to prevent further possible unauthorized activity. If the Client is found in violation of our SPAM policy, Sitejibe Web Hosting may, at its sole discretion, restrict, suspend, or terminate Client's account and/or pursue other civil remedies. Also, Sitejibe Web Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. If such violation is a criminal offense, Sitejibe will notify the appropriate law enforcement department of such violation.

Sitejibe Web Hosting does not issue service credits for any outages incurred through service disablement resulting from Policy violations.

The Client shall be held liable for any and all costs incurred by Sitejibe as a result of the client's violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. First violations will result in a Cleanup Fee of $250 and the client's account will be reviewed for possible immediate termination. A second violation will result in Cleanup Fee of $500 and immediate termination of the client's account. The Client who violates this policy agrees to also pay Investigation Fees of no more than $125 per hour that Sitejibe Web Hosting personnel must spend to investigate any violations.

Modification


Sitejibe reserves the right to add, delete, or modify any provision of this Policy at any time without notice.

The Client agrees not to harm Sitejibe, its reputation, computer systems, programming and/or other persons using Sitejibe's services. Sitejibe reserves the right to select the server for Client's website for best performance. The Client understands that the services provided by Sitejibe are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If the Client's website overwhelms the server and causes complaints from other users, the Client has outgrown the realm of shared servers, and will need to relocate it's website. Sitejibe will refund any unused portion of prepaid services. If the Client refuses to comply with this Section, then Sitejibe has the right to terminate the services provided to the Customer without any refunds of the unused portion prepaid by the Client. The Cclient agrees to indemnify and hold harmless Sitejibe and any other client from any and all claims resulting from the Client's use of the services provided by Sitejibe. The terms of this Section will survive any termination of this Agreement.

The Client's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of Sitejibe.

If the Client sells or resells advertising or webspace to a third party then the Client will be responsible for the contents of that advertising and the actions of that third party. Sitejibe has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current Sitejibe Web Hosting Acceptable Use Policy. The e-mail distribution by the Client of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If the Client refuses to remove any advertising or other third party content deemed objectionable by Sitejibe, Sitejibe may terminate the services being provided to the Client.

Sitejibe will use its best efforts to maintain a full time Internet presence for the Client. The Client hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall Sitejibe be liable to the Client for any damages resulting from or related to any failure or delay of Sitejibe in providing access to the Internet under this Agreement. In no event shall Sitejibe be liable to the Client for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of Sitejibe under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Client hereunder. The terms of this Section will survive any termination of this Agreement.

If Sitejibe assigns the Client an Internet Protocol (IP) address in connection with the Client's use of the Sitejibe Web Hosting services, the right to use that Internet Protocol address will remain with and belong only to Sitejibe, and the Client will have no right to use that Internet Protocol address except as allowed by Sitejibe in its sole and absolute discretion.

Virtual Clients can receive a refund if account is cancelled within the initial 30 days after sign up. If the Client cancels after the time period specified, there will be no refund given.

Sitejibe may temporarily deny service or terminate this Agreement upon the failure of Client to pay charges when they become due. Such termination or denial will not relieve the Client of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

If an Client's account becomes overdue, the account will be suspended. Interest will accrue on the overdue account at a rate of 5% per month until the outstanding balance is paid in full.

If a Clinet charges back for services rendered, a $50.00 charge back fee will be added to the amount charged back by the customer.

If an Client's account is overdue for 90 days, the account will be handed over to an outside collection agency. At that time the Client will incur a $50.00 collection fee added to the balance previously due.

All accounts are subject to verification.

Client agrees that Sitejibe may establish limits concerning use of any service offered on our servers, including without limitation the maximum number of days that e-mail messages will be retained by any Sitejibe service, the maximum number of e-mail messages that may be sent from or received by an account on any Sitejibe service, the maximum size of an e-mail message that may be sent from or received by an account on any Sitejibe service, the maximum disk space that will be allotted on Sitejibe's servers on your behalf either cumulatively or for any particular service. Client agrees that Sitejibe has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Sitejibe service. Client acknowledges that the features, parameters (for example, the amount of storage available to users) or existence of any Sitejibe service may change at any time.

Adult Material


Because the Internet is a global communication tool, it is difficult to dictate what is considered "adult material." However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. However, there are still several reasons why Sitejibe has adopted its no adult sites policy for its virtual server users.

What does Sitejibe Web Hosting consider "Adult Material?"
Any site whose revenue is gained in part or whole from its adult content.
Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.
Photos or videos showing graphic violence or death.
Revenue-generating hyperlinks to sites who violate policy #1.

Why does Sitejibe have this policy?
Bandwidth and Resources

A virtual server is a shared environment where many servers reside on each particular machine. This being said, consider that an average "adult site" gets more hits than 100 standard websites. Some of the smaller adult sites get around 5 GB of transfer per day. With these types of resources being utilized, our servers would be severely slowed if we allowed these high traffic sites to also reside on our servers. On top of that, we would be forced to raise our prices to pay for the additional bandwidth. We strive to keep our servers fast and inexpensive, and our bandwidth clear; therefore, adult sites are not an option.

Sitejibe reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related". Let us know if you are unsure of the approval of your site before placing an order.

The Agreement


This Agreement applies to all accounts, sub-accounts, and alternative account names associated with client's principal account. The Client is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A Sitejibe account may not be transferred without prior written approval from Sitejibe Web Hosting. The Client is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Client's account, the Client will be liable for any unauthorized use of the Sitejibe services, including any damages resulting from the breach, until the Client notifies Sitejibe's customer service.

This Agreement constitutes the entire agreement between the Client and Sitejibe Web Hosting with respect to Sitejibe services and supersedes all prior agreements between the Client and Sitejibe. Sitejibe's failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.

The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in Saginaw, MI. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.

The Client agrees to indemnify and hold Sitejibe Web Hosting harmless from any and all claims resulting from or connected with any activities conducted by the Client. The Client and Sitejibe will promptly notify the other upon receipt of any claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.

Sitejibe Web Hosting may include the Client's name and contact information in directories of Sitejibe service subscribers for the purpose promoting the use of the services by additional potential clients. However, Sitejibe is not authorized to print the Client's name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of the Client.

The interpretation and enforcement of this Agreement shall be governed according the laws of the state of Michigan (excluding its choice of law rules) and the federal laws of United States applicable therein. The Client hereby consents to personal jurisdiction in the federal and provincial courts of Saginaw, Michigan for any action arising out of or relating to the Client's use of the Sitejibe's services. The federal and provincial courts of Saginaw, Michigan will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this Section will survive any termination of this Agreement.

Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.


Sitejibe Web Hosting




Additional Terms

Advertised Pricing Notice:  *Prices displayed are based on a one year prepaid term. All plans require pre-payment annually. Please see our Contract Agreement and our Acceptable Use Policy for full details regarding our policies.

Money Back Guarantee Details: *Sitejibe Web hosting maintains a 30 day money back guarantee. It is important to note, however, that customers that register a new domain name will have the domain purchase deducted from the refund amount. To receive a refund, you must cancel your order within the first 30 days of having service with us, cancellation can be performed by filling out our cancellation form. Please see our Contract and Acceptable Use Policy for full details.