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 LLC (“Sitenetic”, “us”, “our”, “we”, “Sitenetic.com”).  By purchasing one or more Services from Sitenetic LLC, 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. Modification of Agreement, Site or Services

Sitenetic retains the right, at its sole discretion, to amend or modify this Agreement, as well as any associated policies or agreements, at any given time. Any such modifications or amendments will become effective immediately upon their posting on this Site. Your continued use of this Site or the Services following such changes indicates your acceptance of the revised Agreement. Should you disagree with the altered terms, please refrain from using or continuing to use this Site or the Services. Additionally, Sitenetic may inform you of any alterations to this Agreement via email. It is imperative to ensure that your Account information remains up-to-date to receive such notifications. Sitenetic shall not be held responsible for any failure to receive email notifications resulting from inaccuracies in the provided email address.  Sitenetic reserves the right to adjust, modify, or discontinue any aspect of this Site or the Services, including prices and fees, at any time.

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.

2. 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.

3. Account Eligibility

A. Age Requirement

By using the Services, you confirm that you are at least 18 years of age. Use of the Services by anyone under 18 is strictly prohibited and constitutes a violation of these Terms of Service.

B. Applicability
These Terms of Service apply to all services provided by Sitenetic to you. By using any of our Services, you agree to comply with these Terms.

C. Third-Party Use
If you are purchasing or using the Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on their behalf, and that the person or entity will be responsible for any violations of these Terms.

D. Responsibility for Account
You are solely responsible for all activity under your account, including safeguarding any passwords used to access the Services. It is your responsibility to maintain the confidentiality and security of your account information.

4. Communication Expectations and Responsiveness

 Clients are expected to maintain reasonable availability for communications related to the services we provide. This includes responding to phone calls, emails, and other forms of communication in a timely manner.

A. Failure to Respond
If we are unable to reach a client after multiple attempts through various communication channels, we cannot be held responsible for delays or issues related to the service that arise from the client’s lack of response. 

B. Client Responsibility
It is the client’s responsibility to inform us of any changes in contact information and to ensure that they can be reached through the contact details they have provided. Clients should ensure that their contact methods are reliable and checked regularly.

C. Professional Conduct
We uphold a standard of professionalism and courtesy in all communications with our clients. We expect clients to reciprocate this conduct. Should a client engage in disrespectful or abusive behavior towards any member of our team, we reserve the right to terminate their services immediately.

5. Marketing Services Disclaimer

A. No Guarantee of Results
Sitenetic provides various marketing services designed to enhance your business’s visibility and customer engagement. While we use industry-standard practices and tailor our strategies to best fit your business needs, we do not guarantee that our marketing efforts will result in increased revenue or specific business outcomes. The effectiveness of marketing campaigns can be influenced by many factors beyond our control, including but not limited to market conditions, consumer behavior, and competitive actions.

B. Effort and Strategy
We commit to applying our best professional efforts and skills in the execution of assigned marketing tasks and strategies. Our team will work closely with you to define realistic goals and implement effective strategies tailored to your market and business objectives.

C. Client Collaboration
Successful marketing outcomes require active collaboration between Sitenetic and the client. You agree to provide timely and accurate information about your business, products, and services, as well as any other necessary support that may be required to effectively execute marketing campaigns.

D. Use of Data
Decisions in marketing strategies and campaigns will be data-driven, based on analytics and industry insights. However, the interpretation of data can be subjective, and we do not claim infallibility in our predictions or recommendations.

E. Limitation of Liability
Sitenetic shall not be held liable for any direct, indirect, incidental, consequential, or special damages arising from the use of our marketing services, including but not limited to, loss of revenue, anticipated profits, or lost business opportunities.

F. Review and Adjustment of Strategy
We believe in the power of adaptability in marketing. As such, we will regularly review the performance of marketing initiatives and, where necessary, make adjustments to strategies to better align with the evolving market conditions and your business objectives.

6. Website Maintenance and Updates

A. Importance of Maintenance
As your website management provider, we prioritize regular maintenance and updates for the WordPress platform and associated plugins to maintain the highest levels of security, performance, and functionality for your website.

B. Scheduled Updates

1. Periodic Updates
   Updates to the WordPress core and plugins are performed as part of our management services, scheduled during low-traffic periods to minimize disruption.
2. Security and Performance
   These updates are crucial for protecting your website from security vulnerabilities and for enhancing features and performance.
3. Compatibility Assurance Disclaimer
   While we strive to ensure that all updates maintain compatibility with evolving web standards and technologies, we cannot guarantee perfect functionality with every update. The WordPress core software and various plugins are developed by third parties, and as such, their updates may interact in ways that are unpredictable. Although we diligently test and select updates to promote compatibility, the diverse nature of third-party developments means that some updates may not function seamlessly with others. We encourage clients to inform us of any specific requirements or configurations that may impact the update process.C. Plugin and CMS Management

C. Plugin Adjustments

1. To ensure optimal performance, functionality, and security of your website, we reserve the right to modify the plugin setup as needed. This includes adding, removing, or replacing plugins without prior notification. Our goal is to manage your website efficiently and ensure it runs smoothly, leveraging our expertise to make these adjustments as part of our routine service management.
2. CMS Changes
   Should technical, security, or performance considerations demand, we may switch your current WordPress CMS to another platform, in consultation with you to ensure minimal disruption and continued compatibility with your business needs.

D. Update Notifications

1. Routine Update Notifications
   Regular maintenance, including minor software patches and plugin updates, is conducted as part of our service management. Such routine updates are at the discretion of Sitenetic and do not require advance notice. We ensure that these updates are implemented efficiently to maintain the integrity and performance of your services without unnecessary disruptions.
2. Advance Notice for Major Updates
   When substantial updates are necessary that might impact your website’s functionality or appearance, we will provide you with advance notice. These updates are carefully planned and executed with minimal disruption to ensure a smooth transition. Our goal is to enhance your website’s performance and security while keeping you fully informed and prepared for any changes.

E. Your Responsibilities

1. Collaboration
   Please report any issues noticed following an update promptly. Your feedback is essential for us to address potential problems and make necessary adjustments effectively.

F. Limitation of Liability

Sitenetic shall not be liable for any direct, indirect, incidental, consequential, or special damages arising from the updating process, including but not limited to, data loss, website downtime, or the malfunction of specific features due to compatibility issues.

7. Administrative Access and Responsibilities

A. Website Administrative Access

By engaging our services, you grant Sitenetic administrative access to your website. This access is necessary to provide comprehensive technical support, perform necessary maintenance, and ensure effective management, updates, and security of your website.

B. Domain Registrar Access

By using our services, you consent to grant Sitenetic access to your domain registrar account. This access is essential for managing DNS (Domain Name System) settings, including the A record, which maps your domain name to the IP address of the server hosting your website. Immediate communication of any changes to the A record is crucial to avoid disruptions in service.

C. Explanation of A Record and IP Address

The A record is a crucial component of the DNS settings for your domain. It links your domain name to an IP address (Internet Protocol address), which is the numerical label assigned to each device connected to a computer network that uses the Internet for communication. This IP address is where your website’s server is located, enabling users to access your website through your domain. Maintaining accurate A record information pointing to our designated server IPs ensures your website’s functionality and accessibility.

D. Hosting and Server Management

Sitenetic reserves the right to change hosting servers or providers as needed. Changes may involve updating the server IPs, and it is imperative that the A record at the domain registrar reflects these new IP addresses to avoid any service interruptions. This flexibility is vital for maintaining high performance, security, and reliability of your website.

E. Reinstating A Record

If the A record is modified or removed without our knowledge, Sitenetic will not proceed with DNS adjustments without first obtaining your confirmation. Upon detecting such changes, we will contact you to verify whether these were intended. You are required to respond within 48 hours to confirm the legitimacy of the change or to request restoration of the original settings.

F. Continued Disconnection

If your domain remains disconnected for more than 7 days despite our notifications and efforts to resolve the issue, we will pause your services. This pause ensures that you are not billed for services that cannot be effectively provided. If the disconnection is not resolved within 30 days, your account will be terminated. Reinstatement of services after a pause requires resolving the domain issues, and reactivation after termination may incur a fee.

G. Consequences of Access Limitation

Failure to provide required administrative access to both your website and domain registrar can jeopardize your website’s functionality, availability, and security. If such access is obstructed for more than 7 days, we will pause your services. This pause ensures that you are not billed for services that cannot be effectively provided.  Continuation of access issues beyond 30 days will lead to account termination.

H. Client Responsibilities

You are responsible for promptly informing Sitenetic of any changes to your domain registrar service or account details, including service providers and changes in administrative access. Immediate reporting of any modifications or deletions to the A record pointing to our servers is required.

I. Consequences of Non-Disclosure

Sitenetic is not responsible for any service interruptions or security breaches that occur as a result of the client’s failure to inform us of changes in their domain registrar services or A record adjustments. We cannot guarantee the functionality or security of your website if the A record is altered without our knowledge.

8. Client Content Responsibilities

A. Accuracy of Information
Clients are solely responsible for ensuring the accuracy, legality, and appropriateness of all content displayed on their website, including but not limited to contact information, links to external sites, and any media content. This responsibility includes regularly reviewing and updating their content to ensure it remains current and correct.

B. Errors and Omissions
We are not responsible for errors, inaccuracies, or omissions in any content provided by the client on their website. It is the client’s duty to ensure that their website content, especially contact information and external links, are accurate and functional at all times.

C. Consequences of Inaccurate Content
We shall not be held liable for any loss, damage, or inconvenience caused by errors or outdated information on the client’s website. Clients should promptly correct any inaccuracies or errors upon discovery to prevent any negative impact on their website visitors.

D. Liability
Clients agree to indemnify and hold harmless Sitenetic from any claims, damages, liabilities, and expenses arising out of inaccuracies or errors in the content they provide for their website.

9. Contact Form and Email Functionality

A. Public Nature of Contact Forms
Clients are advised that contact forms on their websites are public-facing and may be accessible to anyone on the internet. As such, these forms may be subject to receipt of unsolicited messages, including spam, phishing scams and viruses. We recommend that you implement additional levels of protection when receiving and handling these messages.

B. Non-Monitoring of Messages
We do not monitor or review messages sent from contact forms on client websites. Our role is limited to providing technical support for the functionality of these forms. Responsibility for monitoring and managing the content of these communications rests solely with the client.

C. Automatic Testing
We may employ automated systems to test the functionality of email systems associated with contact forms to ensure they are technically operational. However, these tests are limited to confirming system functionality and do not involve reviewing message content.

D. Temporary Involvement in Testing
We may be temporarily involved in the testing of contact forms to assist with technical troubleshooting or the initial setup. This involvement will be strictly limited to technical support purposes and will not constitute ongoing monitoring. 

E. Client Responsibilities

1. Primary Email Recipient
   The client’s primary account email will be set as the primary recipient for messages from contact forms, unless otherwise instructed by the client. Any changes to this recipient must be communicated to Sitenetic via email to our support team requesting that the main recipient email be changed. More than one recipient email may be added the contact form upon the client’s request.
2. Monitoring and Management
   Clients are responsible for monitoring and managing all content sent via these forms. This includes implementing measures to mitigate the receipt of unsolicited emails, such as spam, phishing scams, and viruses.
3. Form Functionality
   It is the client’s responsibility to regularly check and verify that their contact forms are functioning correctly, ensuring that messages can be sent and received without interruption.
4. Reporting Issues
   If you encounter any issues with your contact forms, it is your responsibility to contact Sitenetic support promptly to resolve these issues.
5. Managing Email Filters
   Clients must regularly check their spam or junk email folders to ensure that no important communications are missed. It is also your responsibility to configure your email settings or filters to allow messages from your contact forms to be directed correctly to your inbox.

F. Limitation of Liability
We shall not be held liable for any issues, losses, or damages resulting from the failure of contact forms to operate as intended or from the client’s failure to receive correspondence through these forms. This includes but is not limited to missed communications, undelivered messages, or any potential impact of such failures on the client’s business operations.

We shall not be held responsible for the content sent via these public-facing forms nor for the management of such content. We are also not liable for any consequences, damages, or losses resulting from spam or any other unsolicited messages received through these forms.

10. Lapse of Service

A. Domain Name Issues
Sitenetic is not responsible for any lapse of service due to issues related to domain names, such as failure to pay your domain subscription to your domain name service provider. Customers agree not to hold Sitenetic liable for any service interruptions that arise from such circumstances.

B. External Service Failures
Sitenetic is not responsible for any service failures caused by issues encountered by our service providers’ servers that affect your website and/or content. Customers agree not to hold Sitenetic liable for any interruptions or inability to deliver services arising from such circumstances.

C. Payment Failures
Sitenetic is not responsible for lapses of service due to your failure to timely and fully pay fees owed to Sitenetic or third-party service providers. Customers agree not to hold Sitenetic liable for any service interruptions that arise from such circumstances.

D. Non-Payment
Failure to make payments to Sitenetic for services on time and in full may result in a lapse of service. Customers agree not to hold Sitenetic liable for any interruptions or inability to deliver services arising from such circumstances.

E. Payment Processing Issues
Sitenetic is not responsible for lapses of service due to issues with credit card processing, such as incorrect processing, expired credit cards, or bank or credit card accounts that are no longer valid. Failure to make your payment may result in a lapse of service. Customers agree not to hold Sitenetic liable for any service interruptions that arise from such circumstances.

F. Force Majeure
Sitenetic is not responsible for lapses of service due to events beyond our control, including but not limited to acts of God, natural disasters, war, terrorism, cyber attacks, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials. Customers agree not to hold Sitenetic liable for any interruptions or inability to deliver services arising from such circumstances.

11. Security and Data Breach for Websites

A. Security Practices
Sitenetic employs industry-standard security measures to protect the websites we manage, including brochure websites, from unauthorized access and cyber-attacks. However, no system is entirely immune to all security risks.

B. Acknowledgment of Risks
You acknowledge that websites, which often serve as digital representations of business services, are targets for cyber-attacks that can lead to downtime, data loss, or other disruptions. These risks are inherent in maintaining an online presence.

C. Incident Response
In the event of a cyber-attack or security breach affecting your website, Sitenetic will promptly investigate the incident and work diligently to restore the integrity of your website. Our response efforts will include:

1. Identifying and mitigating the security vulnerability.
2. Restoring the website to its previous or a safe state.
3. Assisting with measures to strengthen security post-incident.

D. Limitation of Liability
While Sitenetic is committed to providing a prompt and competent response to security breaches, we are not liable for any unauthorized access, data loss, or subsequent damages that occur as a result of such breaches. Our liability will be limited to the recovery actions we undertake.

E. Client Responsibilities

1. Notification
   You must notify Sitenetic immediately upon discovering any unusual activity or evidence of a security breach.
2. Preventive Measures
   You agree to collaborate with Sitenetic to implement recommended preventive measures following an incident.
3. Data Backups
   We strongly advise maintaining regular backups of all website content as an additional safeguard against data loss.
4. Requesting Backups
   Please email support@sitenetic.com for a backup. Backups may be subject to a service fee.

12. Hosting Services Disclaimer

A. Third-Party Hosting
Sitenetic utilizes third-party hosting services to host websites and online content for our clients. We reserve the right to select the most appropriate hosting provider based on current performance, reliability, security, and cost considerations.

B. Hosting Provider Changes
We may change our hosting service provider or use multiple providers simultaneously as deemed necessary to enhance website performance and reliability. These decisions are made to ensure optimal service delivery and may occur without prior notice.

C. Client Notification
Although hosting logistics are typically managed internally without requiring client intervention, we will inform you of any significant changes to your hosting arrangements that could potentially affect your website’s performance or uptime. We strive to ensure that such transitions are seamless and maintain the continuity of your online operations.

D. No Liability for Third-Party Failures
Sitenetic is not responsible for any failures, downtime, data loss, or security breaches that directly result from the actions or performance of third-party hosting providers. We commit to proactive management of your hosting services and will address any issues that arise with the utmost urgency.

E. Data Backup and Security
We and our third-party hosting providers take robust measures to secure and back up your data. However, we recommend that clients also maintain their own backups as an additional safeguard. This ensures that your data remains accessible and secure, even in the event of a major incident.

13. Electronic Communications

A. General Communications
Visiting Sitenetic.com or sending emails to Sitenetic constitutes electronic communications. You consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications that we provide electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.

B. Financial Transactions
Sitenetic sends proposals, invoices, and payment links via email. You acknowledge and agree that these documents constitute binding agreements once payment is made. Making payment for services indicates your acceptance of the terms outlined in these documents and binds you to this Terms of Service.

14. Subscription Terms and Changes

A. Month-to-Month Subscription
Your subscription to the services provided by Sitenetic is on a month-to-month basis. This agreement will automatically renew each month unless terminated by either party as provided in these terms.

B. Automatic Renewal of Subscriptions
Your subscription with Sitenetic is automatically renewed each month. This process is managed through PayPal, which securely processes your recurring payment. The payment method linked to your PayPal account will be automatically charged according to the subscription plan you have selected.

C. Modifications to Services and Pricing

1. Service Changes
   Sitenetic reserves the right to modify, add, or terminate services offered. We are committed to providing you with high-quality solutions and will only make changes that aim to enhance our service offerings or adapt to evolving industry standards and customer needs.
2. Pricing Adjustments
   We also reserve the right to adjust our pricing. Reasons for price changes include, but are not limited to, increasing costs, changing market conditions, or enhancements in service features.

   Any changes to subscription fees will be effective upon your next billing cycle following the notice period. Continued use of the service after the fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.

D. Notification of Changes

1. 60-Day Notice
   You will be notified of any changes to services or pricing adjustments at least 60 days before such changes take effect. This notice will be provided through your registered email address or any other communication methods stipulated in your service agreement.
2. Acceptance of Changes
   Continued use of our services after the changes have taken effect will constitute your acceptance of the new terms. If you do not agree with the changes, you have the right to terminate your subscription before the modifications are implemented.

15. Service Initiation and Account Abandonment

A. Initiation of Services Requirements

To initiate services effectively, Sitenetic requires the following from clients within 60 days of purchasing services

1. Access to Domain Registrar: Clients must provide Sitenetic with access to their domain registrar account to manage DNS settings and ensure proper website functionality.
2. Administrative Rights to Website: Clients must grant administrative rights to their existing website if applicable, enabling Sitenetic to perform necessary updates and modifications.
3. Provision of Material: Clients must provide all necessary materials (text, images, specifications) required to build or update the website.
4. Active Communication: Clients are required to maintain active and constant communication with Sitenetic to facilitate the timely and effective delivery of services.

B. Consequences of Abandonment

If there is no significant activity, communication, or failure to provide the necessary access and materials within 60 days from the service purchase date, Sitenetic will consider the account as abandoned. In such cases, clients will be eligible for a full refund. Subsequently, the client’s account will be terminated.

C. Future Availability of Services

Sitenetic reserves the right to change its service offerings, pricing, and terms without prior notice. If an account is terminated due to abandonment, Sitenetic may or may not provide similar services or pricing in the future. Clients considering re-engagement after account termination should consult the current terms and services available at that time.

D. Client Responsibility

Initiation of services is contingent upon the client fulfilling the above requirements within the specified 60-day period. Failure to do so will result in the account being considered abandoned, and the necessary steps outlined in Section 15 B will be taken.

16. Cancellation/Refund Policy

A. Service Subscription

Our services are provided on a monthly subscription basis. You agree to a month-to-month contract which automatically renews each month unless canceled.

B. Cancellation and Refunds

If you cancel your subscription within 30 days of initiating the service or any monthly renewal, you are eligible for a full refund of the fees paid for that month. This ensures that you have the flexibility to evaluate our service each month without long-term financial commitment.

C. Termination of Services After Payment Cancellation

If you cancel your subscription through your automatic payment system, your account may remain active until the end of the current subscription month. Following this period, your account will be terminated.

D. Processing Refunds

Refunds will be processed within 7-14 days after we receive your cancellation request. The refunded amount will be returned to the original payment method used during the purchase.

E. How to Cancel

To cancel your subscription, please send a written cancellation request to support@sitenetic.com. Ensure that your cancellation request includes your account details and the date you wish the cancellation to be effective.

17. Post-Cancellation Transition

A. Assistance with Data Transfer

Upon cancellation of services, Sitenetic is committed to assisting clients with the transition of their website data to another service provider. This assistance will be provided with reasonable effort and may involve a fee, covering the labor and resources required to facilitate the transfer process. Clients must communicate their transition plans in writing via email, detailing how they wish their data to be transferred.

B. Migration Options

Direct Migration to Another Host: If the client is transitioning to another hosting provider, Sitenetic will create a user account with administrative rights for the new provider. This account will enable the new host to use their own tools to migrate the website directly. Clients must specify in their written communication if this option is preferred.

Backup of Website Files and Database: Alternatively, if a direct migration is not feasible or preferred, Sitenetic will provide a downloadable link to a backup of the website files and database. This backup will be made available upon client’s request in writing and the link for downloading will remain active for 90 days post-cancellation.

C. Access and Expiration of Download Link

The download link for website files and database backups will remain active for 90 days following the cancellation of services. Clients are responsible for downloading and securing their data within this timeframe. Failure to communicate the preferred method of data transfer in writing may result in the loss of data after the 90-day period.

D. Communication and Timing of Transition

Effective communication is crucial for a seamless transition. Clients must take the lead in maintaining proactive and timely communication between Sitenetic and the new hosting provider to ensure that the transfer process is completed efficiently within the 90 days following the cancellation of services. The client is responsible for coordinating all interactions and facilitating the necessary exchanges of information. While Sitenetic will provide assistance and support throughout this period, it is the client’s responsibility to ensure that the transition efforts are completed within this timeframe.

E. Fees and Charges

Notification of Fees: Any fees associated with the data transfer, whether through direct migration or backup download, will be communicated to the client in advance. These fees will reflect the complexity and volume of the data involved.

Final Settlement: Clients must settle any outstanding balances or fees associated with their account prior to the initiation of the data transfer or the provision of the download link.

18. Children Under Thirteen

Sitenetic does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If we discover that personal information from children under thirteen has been collected without verifiable parental consent, we will take the necessary steps to remove that information from our servers.

19. Links to Third Party Sites/Third Party Services

A. External Links
Sitenetic may include links to other websites (“Linked Sites”). These Linked Sites are not under our control, and we are not responsible for their content, the links they contain, or any changes or updates they may undergo. These links are provided for convenience only, and their inclusion does not imply our endorsement of the site or any association with its operators.

B. Third-Party Services
Certain services offered through Sitenetic are delivered by third-party sites and organizations. By using any product, service, or functionality originating from Sitenetic, you acknowledge and consent to Sitenetic sharing information and data with third parties with whom we have a contractual relationship to provide the requested product, service, or functionality on behalf of our users and customers.

20. No Unlawful or Prohibited Use/Intellectual Property

A. Content Responsibility
You are responsible for all content within your website and account (e.g., images, text, audio, video, logos, trademarks). You must not use any content for which you do not have permission or authorization from the content’s rightful owners.

B. Compliance with Laws
Users of Sitenetic Services are solely responsible for ensuring that all content used in their accounts or websites hosted or managed by Sitenetic adheres to applicable Copyright and Trademark laws.

C. Enforcement Rights
Sitenetic reserves the right to remove any material, or cancel your account, if we believe, in good faith, that such content violates this Terms of Service.

D. Intellectual Property Rights
You must obtain the necessary permissions for any copyrights and/or trademarks (logos, images, music, video, or any other material) not owned by you. Sitenetic may request proof of these permissions for material we, in good faith, consider questionable. Failure to provide such proof may result in the removal of the identified material from your site or account managed by Sitenetic.

21. HIPAA Disclaimer

Sitenetic’s services do not align with the regulations outlined in the federal Health Insurance Portability and Accountability Act (“HIPAA”), rendering Sitenetic non-compliant with HIPAA standards. You understand and accept that our services may not be suitable for handling sensitive data, including information about children or medical and health-related data. Users seeking secure storage of “protected health information” under HIPAA are explicitly prohibited from utilizing our services for this purpose. Any action involving the storage or facilitation of access to “protected health information” constitutes a significant violation of these Terms of Service and warrants immediate termination of the Agreement. Furthermore, Sitenetic does not engage in the signing of “Business Associate Agreements,” and it is acknowledged that we do not function as a Business Associate or subcontractor under HIPAA regulations.

22. ADA Compliance

Sitenetic’s base website designs are not configured to be ADA (Americans with Disabilities Act) compliant. ADA compliance involves additional specific features and coding practices to ensure that websites are accessible to individuals with disabilities. If ADA compliance is required for your website, please inform us during the initial consultation or website design briefing. Compliance modifications can be provided by Sitenetic for an additional fee, depending on the complexity and specific requirements needed to meet ADA standards. Clients are responsible for notifying Sitenetic if ADA compliance is necessary for their website.

23. International Users

Service Administration
The Service is controlled, operated, and administered by Sitenetic from our offices within the United States.

Compliance with Local Laws
If you access the Service from outside the United States, you are responsible for compliance with all local laws applicable to your use of the Service. You must ensure that you are not violating any local laws by using our Service, which may include laws relating to the import/export of data, use of the internet, and personal data protection.

Prohibited Use
You agree not to use the Sitenetic Content accessed through sitenetic.com in any country or in any manner prohibited by applicable local laws, restrictions, or regulations.

24. Indemnification

A. Indemnification
You agree to indemnify, defend, and hold harmless Sitenetic, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Service from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service using your account.

B. Release of Liability
By using Sitenetic Services, you, on behalf of yourself and your heirs, representatives, executors, agents, and assigns, agree to release, forever discharge, and hold harmless Sitenetic, its officers, directors, employees, agents, and third parties from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use of or inability to use Sitenetic Services, any user postings made by you, your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations.

C. Voluntary Agreement
You confirm that you understand the nature of this agreement and that this release and indemnification clause has been freely and voluntarily consented to.

25. Disputes

A. Informal Resolution
If any dispute, disagreement, or claim arises from or relates to this Agreement or the use of Sitenetic Services, both you and Sitenetic agree to try to resolve the issue informally first. Before pursuing any other legal remedy, the complaining party shall notify the other party in writing of the nature of the dispute with as much detail as possible, along with any proposed resolution. Both parties will then make a good faith effort to resolve the dispute informally by mutual discussions within 30 days from the date of the notification. For informal resolution, communication via email will be acceptable.

B. Formal Proceedings
If the dispute cannot be resolved through informal negotiations within the specified timeframe, either party may, as a next step, pursue arbitration.

C. Contact Information for Formal Proceedings
Any notifications of disputes must be sent to the designated contact address provided in this Agreement, which will be specified separately under the contact information section.

26. Arbitration

A. Mandatory Arbitration
In the event that the parties are unable to resolve any dispute 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, at a location mutually agreed upon by the parties.

B. Finality of Arbitration
The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction.

C. Recovery of Fees
In any legal or equitable action, proceeding, or arbitration arising out of or concerning these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees.

D. Scope and Enforceability
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.

27. Class Action Waiver

A. Individual Dispute Resolution
Any arbitration under these Terms and Conditions will occur on an individual basis. Class arbitrations, class/representative/collective actions, or any other type of proceedings where an individual acts in a representative capacity are not permitted.

B. Restrictions on Legal Proceedings

1. PARTIES AGREE that claims against each other must be made in each party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.
2. Arbitrator Limitations Unless both you and Sitenetic agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not preside over any form of a representative or class proceeding.

28. Liability Disclaimer

A. General Disclaimer
The information, software, products, and services provided through Sitenetic.com may include inaccuracies or typographical errors. We may make changes to the content and services at any time without notice.

B. No Warranties
Sitenetic and its suppliers do not guarantee the suitability, reliability, availability, timeliness, or accuracy of the information, software, products, and services on this site for any purpose. All such items are provided without warranty of any kind. Sitenetic and its suppliers expressly disclaim all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

C. Limitation of Liability
To the maximum extent permitted by applicable law, neither Sitenetic nor its suppliers shall be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the site, or otherwise arising from the use of the site, whether based on contract, tort, negligence, strict liability or otherwise..

D. Remedy
If you are dissatisfied with any portion of the site, or with any of these terms, your sole and exclusive remedy is to discontinue using all Sitenetic Services.

29. Termination/Access Restriction

A. Termination Rights
Sitenetic reserves the right, in its sole discretion, to terminate your access to all or part of the Sitenetic.com and Sitenetic Services, and the related services at any time, without notice.

B. Governing Law
This agreement is governed by the laws of the State of California, USA. You consent to the exclusive jurisdiction and venue of courts in California for all disputes arising out of or related to the use of Sitenetic.com and Sitenetic Services.

C. Jurisdictional Usage
Use of the Site and Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms, including this section.

D. Relationship
No joint venture, partnership, employment, or agency relationship exists between you and Sitenetic as a result of this agreement or your use of Sitenetic.com.

E. Legal Compliance
Sitenetic’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement derogates Sitenetic’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of Sitenetic Services or information provided to or gathered by Sitenetic with respect to such use.

F. Severability and Entire Agreement
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. The remainder of the agreement shall continue in effect. This agreement constitutes the entire agreement between you and Sitenetic with respect to Sitenetic.com and supersedes all prior communications, whether electronic, oral, or written, between you and Sitenetic with respect to the Site.

G. Admissibility
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

H. Language
It is the express wish of the parties that this agreement and all related documents be written in English.

30. Transfer of Business

In the event of a sale, acquisition, merger, reorganization, or other transfer (collectively, “Transfer”) involving Sitenetic (“the Company”), we reserve the right to transfer all of the Company’s rights, obligations, assets, and liabilities, including but not limited to personal data and user information collected by the Company, to a new entity (“Successor Entity”). Such a Transfer will not diminish your rights under this Terms of Service without your consent.

Upon such Transfer, the Successor Entity will assume the rights and obligations as described in this Terms of Service in place of the Company, and will be entitled to all rights and control over the assets and liabilities transferred as part of the business. The Successor Entity will be bound by the terms and conditions of this Terms of Service, and shall be granted the right to modify the Terms of Service in the future as set forth herein.

You acknowledge and agree that such Transfers may occur, and that any Successor Entity of Sitenetic may continue to operate the business and use your information as set forth in this Terms of Service. This provision is intended to ensure a seamless transition of services and obligations to you in the event of a Transfer, and you hereby consent to such Transfer and continuation of the business by the Successor Entity under the terms of this Terms of Service.

31. Contact Us

Sitenetic welcomes your questions or comments regarding the Terms:

Email: support@sitenetic.com

Telephone number: 619-786-2440

Mailing Address: 1968 S. Coast Hwy #1793, Laguna Beach CA 92651