Sitenetic Terms of Service
Last Updated April 19, 2021
Thank you for choosing Sitenetic. The following Terms of Service (“Terms”, “Terms of Service”) apply to your use of all services, features, and/or content provided (collectively, the “Services”, “Services”) by Sitenetic (“Sitenetic”, “us”, “our”, “Sitenetic.com”). By purchasing one or more Services from Sitenetic, you declare that you have read, understood, and agree to the Terms of Service. By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services. Please read these terms carefully, and keep a copy of them for your reference.
1. Additional Policies and Agreements
A. Your use of sitenetic.com is subject to Sitenetic’s Privacy Notice. Please review our Privacy Notice, which also governs the Site and informs users of our data collection practices.
2. Account Eligibility
A. By using the Services, you agree that you are 18 years or older. Use of the Services by anyone under 18 is a violation of this Terms of Service.
B. These Terms of Service apply to all Services provided by Sitenetic to you.
C. If you purchase or use the Services on behalf of another party you agree that you are authorized to purchase and/or use and to act on such other party’s behalf and agree that you are authorized to bind such other party to this Terms of Service.
D. You agree to be fully responsible for all use of your account and any Services you have purchased. It is important that you keep all passwords safe and protected.
3. Lapse of Service
A. Sitenetic is not responsible for any lapse of service due to domain name issues (for example failure to pay your domain subscription to your domain name service provider).
B. Sitenetic is not responsible for any failure which our service providers’ servers encounter and affects your website and or content.
C. Sitenetic is not responsible for lapse of service due to your failure to pay Sitenetic or third parties service providers’ fees on time and in full.
D. Failure to make payments to Sitenetic for Services on time and in full may result in a lapse of service.
E. Sitenetic is not responsible for laps of service due to credit cards not processing correctly, expired credit cards, or bank or credit card accounts no longer valid. Failure to make your payment may result in lapse of service.
3. Electronic Communications
A. Visiting sitenetic.com or sending emails to Sitenetic constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
B. Sitenetic sends proposals, invoices, and payment links via email. You agree that these proposals, invoices, and payment links constitute binding agreements and making payment for Services binds you to this Terms and Services.
4. Children Under Thirteen
A. Sitenetic does not knowingly collect, either online or offline, personal information from persons under the age of thirteen.
5. Cancellation/Refund Policy
A. We want you to be 100% satisfied with our Services. You may cancel your Service or Account at any time by sending your cancellation request to email@example.com. All refund requests must be made within 30 days of purchase.
6. Links to Third Party Sites/Third Party Services
A. Sitenetic may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Sitenetic and Sitenetic is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Sitenetic is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Sitenetic of the site or any association with its operators.
B. Certain services made available via Sitenetic are delivered by third party sites and organizations. By using any product, service or functionality originating from the sitenetic.com domain, you hereby acknowledge and consent that Sitenetic may share such information and data with any third party with whom Sitenetic has a contractual relationship to provide the requested product, service or functionality on behalf of sitenetic.com users and customers.
7. No Unlawful or Prohibited Use/Intellectual Property
A. You agree to be responsible for all content contained within your website and or account (example images, text, audio, video, logos, trademarks) and agree not to use content (example images, text, audio, video, logos, trademarks) you have not received permission or authorization to use by the owners of such content.
B. Users of Sitenetic Services are solely responsible for ensuring that all content used in their account, website hosted or managed by Sitenetic, adheres to Copyright and Trademark laws.
C. Sitenetic reserves the right to remove any and or all material, or cancel your account, which in good faith, Sitenetic feels violates this Terms of Service.
D. Any copyrights and/or trademarks (logos, images, music, video, or any other material) not owned by you, it is your responsibility to ensure that you receive permission required by the owner of the material you wish to use. Sitenetic may from time to time request proof of permission to use material, which in good faith, Sitenetic deems questionable.
Failure to provide proof of permission to use identified material, you agree and give full permission to Sitenetic to remove identified material from your site or any account hosted or managed by Sitenetic.
E. You are granted a non-exclusive, non-transferable, revocable license to access and use Sitenetic Services strictly in accordance with these Terms of Service. As a condition of your use of the Services, you warrant to Sitenetic that you will not use the Services for any purpose that is unlawful or prohibited by these Terms of Service. You may not use the Services in any manner which could damage, disable, overburden, or impair Sitenetic or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the the site sitenetic.com.
F. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on Sitenetic.com, is the property of Sitenetic or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
G. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Sitenetic content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Sitenetic and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Sitenetic or our licensors except as expressly authorized by these Terms.
8. International Users
The Service is controlled, operated and administered by Sitenetic from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Sitenetic Content accessed through sitenetic.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
By using Sitenetic Services, you, on behalf of yourself and your heirs, representatives, executors, agents, and assigns, fully release, forever discharge, and hold harmless Sitenetic, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees), rights, claims, and actions of any kind, relating to or arising out of your use of or inability to use any of Sitenetic Services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. You further agree that this release has been freely and voluntarily consented to and you confirm that you fully understand what you are agreeing to.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
11. Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Sitenetic agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
12. Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SITENETIC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
SITENETIC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SITENETIC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
13. Termination/Access Restriction
Sitenetic reserves the right, in its sole discretion, to terminate your access to Sitenetic.com and/or Sitenetic Services and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of Sitenetic.com or Sitenetic Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sitenetic as a result of this agreement or use of the Site. Sitenetic’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Sitenetic’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Sitenetic with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Sitenetic with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Sitenetic with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
14. Changes to Terms
Sitenetic reserves the right, in its sole discretion, to change the Terms under which sitenetic.com is offered. The most current version of the Terms will supersede all previous versions. Sitenetic encourages you to periodically review the Terms to stay informed of our updates.
15. Contact Us
Sitenetic welcomes your questions or comments regarding the Terms:
Telephone number: 619-786-2440