This policy represents the Silverhook Terms of Service ("TOS") in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all Silverhook customers agree to when they sign-up for any of the Silverhook website managed services. Silverhook reserves the exclusive right to change, amend or revise any portion of this TOS policy at any time, with or without written notice to our customers.
Customers using any services offered by Silverhook agree to be obligated by and must comply with all policies in this TOS or must otherwise opt out of and cancel their web hosting service with Silverhook. Silverhook retains the sole discretion to make judgment regarding any violation by any Silverhook customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customers services without refund and/or, if deemed appropriate, be legally prosecuted.
In consideration for Silverhook maintaining one or more accounts (each "Account"), you, as the Silverhook customer, agree to the following terms of service.
· "We" "Us" or "Provider" or "Silverhook" - Silverhook.com
· "You" "Your" "Client" "Customer" or "Member" - Each person or entity who applies for internet service or is a designate of anyone who applies for internet service.
Disclaimer of Warranty
The Internet and website hosting relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times.
Silverhook however, offers a 99.9% uptime guarantee. This is valid for only the Silverhook servers and our primary co-location internet connection. Silverhook shall pursue partnerships with all tier-1 resource and channel available to maintain maximum uptime, however, Silverhook is not responsible for any down time caused by any provider's hardware or network malfunction which is outside of Silverhook capability to directly correct. Silverhook clients are diverse and their websites and the function of those websites are diverse and Silverhook cannot be held responsible for any service interruption due to client's error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber attack.
SILVERHOOK MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither Silverhook nor anyone else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of Silverhook, even if Silverhook has been advised to the possibility of such damages.
Limitation of Liability
IN NO EVENT SHALL SILVERHOOK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE Silverhook. SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF Silverhook. SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF Silverhook HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Silverhook. MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO Silverhook FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SILVERHOOK. LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW
You agree to indemnify, defend and hold Silverhook and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto Silverhook. servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Silverhook. equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by Silverhook. gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.
Choice of Law
This Agreement shall be interpreted under the laws of the State of Connecticut without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the Superior Court of the State of Connecticut , County of Litchfield . The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.
Services Provided By Silverhook
Silverhook will provide Internet server rental ("the Service") to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows Silverhook members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. Silverhook also provides content updates to client websites such as industry relevant articles on a periodic basis.Silverhook members will use the provided services in a manner consistent with any and all applicable laws. Silverhook provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. Silverhook reserves the right to refuse service to potential and/or existing customers to protect its existing paying customers. If any of the below violates are committed, Silverhook can terminate client's account without notification.
Silverhook.com provides timely website hosting support to our clients through emails, chat and phones. By accepting your client contract agreement with Silverhook.com you agree not to abuse whether verbally or physically or whether in person, via email, live chat or telephone or otherwise (a) any other customer of Silverhook.com and any employee or contractor of Silverhook.com.
Silverhook will send e-mails from time to time regarding your account, special offers and promotions. You may unsubscribe to these e-mails at any time by following the instructions at the bottom of those e-mails.
Client agrees that web pages and files uploaded to servers will not violate any state, national or foreign laws or regulations; infringe on any intellectual property rights of Silverhook or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Silverhook or any third party. Customers may not run IRC, bots or clients. Clients may not use Silverhook servers for file storage unrelated to the client's website, storage Space is for active website file pages only. Silverhook' shared hosting account holders may not act as a reseller, which means that clients may not host any websites in their add-on domains that are not domains owned by the client on record at Silverhook. You will need to opt-in for our reseller hosting service. Unacceptable uses also include: Bulk unsolicited emailing, unsolicited e-mailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, copyrighted music, copyrighted video, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, proxy(ies) and image/file sharing websites. Silverhook will be the sole and final arbiter as to what constitutes a violation of this policy. Silverhook does not normally monitor the contents of clients servers, however if suspicion occurs, Silverhook reserves the right to investigate and terminate the clients subscription to the service.
What do you mean by "unlimited disk space and bandwidth/data transfer"?
We do not set limits on the disk space and bandwidth (data transfer) that we provide in plans that are marked "Unlimited". We want you to have the resources available to you to build a great online presence.
Even though we want you to succeed, we need to ensure that we're providing all of our customers with optimum service. As such we do require all of our customers to be fully compliant with our Excessive Resource User Policy/Terms of Service and utilize disk space and bandwidth related to normal operation of a personal or small business website.
If a customer's hosting account is found to have violated the client content, excessive resource user policy and/or is storing files for archiving purposes, the contents will be removed and while we make best effort to contact customers before-hand, can occur without notice.
Excessive Resource User Policy
Resources are defined as disk space, bandwidth, and/or computing resources (cpu, memory, disk i/o, # of files/inodes) utilization. Silverhook offers a shared hosting service in which environment customers may share resources with other customers, therefore it is imperative that Silverhook control any excessive usage by customers so that they do not disrupt the service quality of other customers using the same resources. A hosting account is considered using "Excessive amounts of resources" when it consumes 100% of 1 CPU core, and/or 1 GB Memory, 20 concurrent connections and/or 75,000 files also known as "Computing Resources", and/or "Resources", and/or "Resource Usage". There are numerous issues that could cause such problems, including but not limited to: cgi scripts, FTP, HTTP, etc. To prevent service disruption for other customers, a hosting account which exceeds the included computing resources will be slowed down automatically for as long as the resources are being overused. Silverhook will make every reasonable effort to notify customer prior to suspension, however, Silverhook may suspend any offending hosting account prior to notifying the customer of the account in the event that service disruption to other customers was/is caused. The customer whom is using "excessive resources" may be asked to upgrade his/her package to a more suitable hosting package, such as but not limited to a premium account, virtual private server or dedicated server. Silverhook will be the sole and final arbitrator as to what constitutes as a violation of this policy. Customers have access to their Resource Usage within their control panel.
UCE/UBE or "Spam" originating from a server located on our network or associated with a Silverhook server is not tolerated. This includes any e-mail that promotes websites hosted on a server located on the Silverhook network but is sent from an e-mail address not associated with that Silverhook account. Client shall not use their Silverhook services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Silverhook reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice.
Silverhook allows 3rd party scripts to be uploaded/installed from our auto-installer or manually (those scripts that are/aren't included in the auto-installer) on your web hosting account. It is the responsibility of our web hosting clients to maintain the latest exploit free version of the scripts. If a script that our web hosting clients uploads to our servers is found to have security lapses and allows a third party to "hack", "exploit", "deface" their site(s) it is the responsibility of our clients to either remove that script or Silverhook.net reserves the right to terminate that clients' account and provide them with a prorated refund.
Customer agrees not to post false or inaccurate information to news groups in violation of the news groups rules and regulations. If any news groups or service provider contact Silverhook concerning unethical, false or unlawful activities by you, Silverhook reserve the right to suspend or terminate your service with or without notice.
Licensed Software Only
Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
Silverhook provides the tools needed to create back ups of account data. Silverhook also backs up its servers and retains a copy for 24 hours for disaster recovery purposes only. It is the responsibility of the customer to keep up-to-date archives of their backed up data. Silverhook does not provide or keep records or copies of our clients website files for customer use and is not responsible for any loss of data including but not limited to hardware failure, backup failure, hacking or accidental deletion.
Full payment is required in advance for twelve (12) months of usage of Silverhook's website managed services plan. Payment is required at the time of ordering the services.
You warrant and represent that the information you supply in the Order Form (or other information that Silverhook may require) is accurate and truthful.
Silverhook does not automatically renew your website managed service once the twelve (12) months has expired. It is the responsibility of the Silverhook customer to purchase the web service again at that time.
All prices listed are in US Dollars ($), for all services & server locations unless otherwise specified.
Cancellation & Refunds
Should you become dissatisfied with our services within the first 60 days of your account activation, Silverhook will refund your payment subject to the money back guarantee terms listed in this agreement. Refunds are not available for customers after the 60 days of account activation. You may however cancel your account at any time.You will need to contact customer service and verify information before cancellation takes place. You will be charged in full for the entire month in which you cancelled your account. Accounts which have negative balances will be sent to collections and all services will be terminated, including domain registrations. Refunds are never available for domain registrations. Domain Names transferred to our service incur an additional year of registration and therefore are considered a domain registration. Domain registration fees are $24.95/yr. Domain names of customers which leave our hosting service will be refunded the package price total less the domain registration fee if the customer leaves Silverhook hosting service within the 60 day money back guarantee.
Website files are the responsibility of the Silverhook customer and should a Silverhook customer decide to cancel their service it is the customer's responsibility to make sure that they have backed up & downloaded the website files and any emails from the Silverhook server prior to requesting that Silverhook cancels their account. Once the cancellation request has been submitted to Silverhook a cancellation of the website hosting service may occur any time after the request is received by Silverhook and when a cancellation request is completed the client's hosting account with Silverhook and their website files are permanently removed from the Silverhook servers. Therefore again it is the client's obligation to ensure that they have downloaded their website files and any emails from the server prior to their cancellation request.
99.9% Service Level Agreement "SLA"
Silverhook offers its clients a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem free. Silverhook will try to maintain maximum uptime. Silverhook is not responsible for any downtime caused by the client.
60 Day Money Back Guarantee