These Terms of Services govern the use of the ServerSea website, hosting services, domain services, servers, and related offerings. By using ServerSea services, you agree to these terms.
These Terms of Services govern the use of the ServerSea website and its services for server clients. The term "ServerSea" is used to refer to Server Sea Hosting. The term "account" refers to the access, content, and services that ServerSea provides to its users.
By using the ServerSea Web Site, Hosting Services, any Support Services, any ServerSea software, or any other products or services of ServerSea, you agree to be bound by the terms of this Agreement. ServerSea reserves the right to change, amend and/or otherwise alter the ServerSea Services with equivalent or otherwise equal services without prior notice to you.
The terms contained herein supersede and replace any other agreement or negotiation between you and ServerSea, whether oral, written or otherwise, including any statements made to you by any representative of ServerSea at any time. Any amendments, changes, additions, deletions, or other modifications of this Agreement are void unless specifically expressed in writing and agreed to by ServerSea.
ServerSea reserves the right to cancel any account, including files and content, for any reason, or no reason at all, at any time. You agree to maintain back-up files of all information you post on ServerSea and you agree that ServerSea will have no liability for removing any data you have posted.
Subscribers to ServerSea Services must be at least 18 years of age or require the approval of the minor's legal guardian.
At your request, ServerSea may acquire a Second-Level Domain Name ("Domain Name"), on your behalf and in your name, assuming that the Domain Name you request is available for registration. ServerSea will not own or otherwise legally control any Domain Name registered on your behalf under this Section. ServerSea provides this service as a convenience to you only and you hereby waive any and all claims which you may have, or which may later arise, against ServerSea for any and all damages, losses, claims or expenses arising or related to the acquisition, registration and/or use of the Domain Name. Domains for more than three years will be provisionally registered for one year to protect both parties from fraudulent transactions. Registrants should respond to renewal reminders through a support ticket. You agree that ServerSea will have no liability of any kind for any loss resulting from (i) processing of registration requests, renewal requests, transfer requests or any domain modifications (ii) any dispute over any domain name registration/renewal. Any costs incurred by ServerSea to obtain and/or maintain the Domain Name on your behalf shall be charged to you by ServerSea at an amount determined by ServerSea, at their sole discretion.
The client is required to check the renewal/working of his account himself regularly. If any discrepancy/malfunction is discovered it must be reported to ServerSea through "Support Ticket" within 7 business working days. In the absence of any such "Support Ticket" the account will be deemed to be running to the satisfaction of the client.
2.1 Domain Names may be registered by ServerSea on your behalf through a variety of Domain Name Registration Services (each a "Registrar"). Each Registrar has its own terms and conditions concerning the registration and maintenance of domain names and you agree to be bound thereby. In particular, registration of Domain Names binds you to the terms of the Uniform Domain Name Dispute Resolution Policy ("UDRP"), which governs the resolution of most disputes regarding the registration of Domain Names.
2.2 You warrant to ServerSea that any Domain Name you may seek to register through ServerSea does not violate the rights of any third party, in particular trademark rights, and that you have taken reasonable steps, including but not limited to searches of the applicable state and federal trademark registries, to assure that this is the case. You agree to indemnify and hold harmless ServerSea, its officers, directors, employees and agents, with respect to any and all damages, losses, claims or expenses incurred with respect to or arising out of claims of third parties concerning your use of any such Domain Name on the Internet.
2.3 You agree to inform ServerSea of any proceeding instituted by any party challenging your rights to use any Domain Name hosted on ServerSea servers, including but not limited to disputes under the Uniform Domain Name Dispute Resolution Policy ("UDRP"). Should you for any reason lose your right to use a Domain Name hosted on the ServerSea Servers, through expiration of the registration of the Domain Name, judicial decree, and administrative decision under the UDRP or otherwise, you agree to immediately inform ServerSea of such loss of rights. To the extent your loss of rights to a Domain Name is accompanied by any judicial decree or administrative decision granting rights to the Domain Name to a third party, you agree to immediately inform ServerSea in writing of the identity of the party to whom such rights are to be transferred, as well as of any other information regarding the nature and scope of the decision of the judicial body or administrative panel that rendered the decision.
2.4 You agree and understand that ServerSea may, should your rights to a Domain Name be challenged in any way, suspend the ServerSea Services associated with such Domain Name and take any other steps required under any such proceeding, including but not limited to actions required under the UDRP. In any such case, ServerSea will take every reasonable step to assure that no loss of data occurs as a result of such actions and ServerSea may make such data available to you for storage elsewhere.
2.5 The sponsoring registrar can be identified at: https://www.serversea.com/#whois.
2.6 The registration fees, renewal fees, post-expiration renewal fees and redemption/restore fees can be found at https://www.serversea.com/domains.
3.1 Support for dedicated hosting plans is offered via Ticket Support System, Live Chat, and e-mail. This support is offered 24 hours a day, seven (7) days a week as per your managed or unmanaged contract server agreement.
6.1 Transmission, distribution, sale, or storage of any material in violation of any applicable law, regulation, ordinance, or these guidelines is prohibited. ServerSea reserves the right to restrict or prohibit any and all uses of the Services or content on your website(s) and to remove such material from its servers that ServerSea determines, in its sole discretion, is harmful to its servers, systems, network, reputation, goodwill, other ServerSea customers, or any third party. The following non-exhaustive list details the kinds of illegal, harmful, or misappropriated conduct that is prohibited. Immediate action will be taken by ServerSea, and the alleged link or "http" service will be disabled due to server security concerns without any prior intimation.
6.2 ServerSea does not permit any of the following types of content:
6.3 We do not entertain hosting of any website that deals in the promotion of sex or obscenity or advertises sexually obscene images. The website shall be de-hosted if any sexual or obscene elements are promoted or displayed.
7.1 ServerSea does not permit the posting or sending of software or technical information in violation of U.S. export laws, including, without limitation, the Export Administration Act and the Export Administration Regulations maintained by the Department of Commerce.
7.2 The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to this Agreement.
8.1 Disseminating or hosting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information.
9.1 Offering or disseminating fraudulent goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, pyramid schemes), or furnishing false data on any signup form, contract, or online application or registration, or the fraudulent use of any information obtained through the use of the Services, including, without limitation, the use of credit card numbers.
9.2 You agree not to make or attempt any unauthorized access to any ServerSea website or the website of any ServerSea customer.
10.1 Violations of ServerSea's or any third party's server, system, or network security through the use of the Services are prohibited, and may result in criminal and civil liability. ServerSea may investigate incidents involving such violations. ServerSea may involve and cooperate with law enforcement if a criminal violation is suspected. Examples of server, system, or network security violations include, without limitation, the following:
10.8 As part of continuous improvements, ServerSea has the right to disable or enable any component of cPanel or WHM by keeping in view server security.
11.1 ServerSea does not permit the following file types: .cmd and .bat.
12.1 ServerSea user name restrictions are as follows:
13.1 ServerSea users agree not to distribute, publish, or send any of the following types of e-mail:
13.2 Malicious e-mail, including, without limitation, "mail-bombing" (flooding a user or website with very large or numerous pieces of mail) or "trolling" (posting outrageous messages to generate numerous responses).
13.2 In addition, you may not use ServerSea's mail server or another website's mail server to relay mail without the express permission of the account holder or the website. Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting) also is explicitly prohibited.
14.1 A partial list of the actions that may cause termination of account:
14.2 Indirect or attempted violations of these Terms, and actual or attempted violations by a third party on your behalf, will be considered violations of the Terms of Service by you.
15.1 It is understood and agreed that during the term of this Agreement and thereafter you may come into possession of information which is the confidential and proprietary information of ServerSea, including but not limited to the ServerSea customer service tools. You acknowledge that all right and title to any such ServerSea intellectual property shall remain the sole property of ServerSea and that you have no right, title, or interest therein. You further agree not to provide access to the ServerSea services to any third party. Any and all right or title to any engineering, coding, programming, or customer service workaround or other modification of the ServerSea Services shall also remain the sole property of ServerSea.
15.2 During the term of this Agreement you may have access to certain information and materials relating to the ServerSea business, customers, software technology, and marketing which ServerSea treats as confidential (hereinafter "Confidential Information"). You agree to at all times during the term of this Agreement and otherwise as set forth herein: (i) hold in confidence, and not disclose or reveal to any person or entity, any "Confidential Information" without the express prior written consent of ServerSea; and (ii) not use or disclose any of the "Confidential Information" for any purpose at any time, other than pursuant to your rights under this Agreement for the purpose intended. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for three (3) years following termination of this Agreement with respect to Confidential Information which does not rise to the level of a trade secret.
15.3 Confidential Information also includes passwords and access codes.
15.4 In case any other person or entity contacts ServerSea for a change of ownership of a domain, ServerSea will have the right to do so after obtaining confirmation of the claim to the sole satisfaction of ServerSea.
15.5 A change of the registrant name or email address is considered a domain transfer and requires written authorization from the domain owner.
15.6 Ownership transfer may incur a transfer fee of $8.
16.1 Serversea is provided on an "as is" and "as available" basis. Serversea expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Serversea makes no warranty that (i) Serversea will meet your requirements, or that (ii) Serversea will be uninterrupted, timely, secure, or error-free. Any material downloaded or otherwise obtained through the use of Serversea is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Serversea shall create any warranty not expressly stated herein.
You expressly understand and agree that Serversea shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Serversea has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages received, or transactions entered into through or from Serversea; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
16.2 You agree to indemnify and hold ServerSea, and its subsidiaries, affiliates, officers, agents, co-branders, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any information or data you post on ServerSea, your use of ServerSea, your violation of these Terms of Service, or your violation of any rights of another.
16.3 These Terms of Service constitute the entire Agreement between you and ServerSea and govern your use of ServerSea, superseding any prior agreements between you and ServerSea. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. These Terms of Service and the relationship between you and ServerSea shall be governed by the laws of the Commonwealth of Virginia. You and ServerSea agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth of Virginia. The failure of ServerSea to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
17.1 If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
18.1 ServerSea offers high-limit or unlimited amounts of disk space and/or other resources, such as bandwidth transfer, email, or FTP accounts, etc. ServerSea provides ample resources so that customers need not worry about exceeding limits. It is acknowledged by users of ServerSea services that these resource allotments are optimized and dedicated toward serving web documents and self-use email services and are not to be used as an offsite storage area for electronic file storage, sharing, or transfer, or as a provisioning service for third-party email or FTP hosts. All downloadable files or files stored on the server must be available for download via an HTML document stored on the Internet in a publicly accessible area and must be directly related to the general nature of the website index.
Illegal content such as pirated software, compressed archives, electronic files, eBooks, audio and video storage or streaming, or other media are strictly prohibited and are not allowed on ServerSea servers. The web space is not allowed for any kind of storage; only website files are permitted.
It is also acknowledged by users of ServerSea services that these resources are limited by physical restraints of technology as well as by reasonable limits of a shared resource environment. Users must realize that server technology limits the amount of available resources for use, including but not limited to disk drive space, CPU processing power, memory, and access speed. ServerSea takes measures to utilize the latest and most economically feasible mass server market technology available to provide services.
It is further acknowledged by users of ServerSea services that all provided services are of a shared-server nature, and other users are sharing the provided space. Customer accounts are placed on a server with up to hundreds of other users. ServerSea, along with many other hosting providers, uses this business model in order to offer web hosting services en masse at inexpensive and affordable rates.
It is acknowledged that any single account is entitled to utilize server resources, within reason, up to what is allotted or what is physically available. If resources become scarce, ServerSea reserves the right to limit users of the affected machine to a lower limit to preserve the effectiveness of the service for all users. If a particular user is in extreme excess of what the average users of the machine have actually used of their resource allotments, that customer may be asked to remove content, reduce resource usage, or relocate to a dedicated service provider.
This policy only applies to websites that are considered abusive in service, disk space, or resource consumption and where it is evident that the "fair-use" of resources among customers has been breached, particularly in regard to disk space, bandwidth, CPU processing power utilization, or memory. Additionally, websites that are found to contain either no HTML documents or a large number of unlinked files are subject to warning, suspension, or cancellation at the sole discretion of ServerSea.
18.2 Shared Hosting Plan Gold is restricted to 10 GB, Unlimited Hosting Plans (Bronze, Silver, Gold, Deluxe, and Ultimate) are restricted to 20 GB, and the Platinum Plan is restricted to 40 GB as the total email space quota. However, email quota will be limited as per web space in the Bronze and Silver Hosting Plans. A client can send 100 emails in one hour and 450 emails in 24 hours in total.
An inode can be defined as a data structure which is used to keep information about a file on your shared hosting account. The number of inodes denotes the number of files and folders you keep. This includes everything on your account, including emails, files, folders, and anything you store or upload on the server.
All Shared, Unlimited, and Reseller accounts have an inode limit of up to 600,000. Each plan has a specific inode limit detailed on the plan's information page.
If the inode count exceeds the plan's limit, it will be considered a violation of our Terms of Service and may result in review or suspension.
20.1 ServerSea strictly prohibits the use of certain scripts such as IRC, Proxy, SSH, Telnet, or any other script which may overwhelm server resources due to the inherent nature of the script itself or due to defects in the coding of the script. If a user script is found to be in violation of this clause, or is found to be overwhelming system resources, the user may be requested to remove the script. In cases of system resource abuse, the script may be removed without prior warning and/or the user account may be suspended for further review.
21.1 Use of ServerSea services requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the subscriber's website.
The subscriber is responsible for programming and for uploading the website to our servers. Website development, consulting, programming, and debugging are beyond the scope of free hosting support services.
The subscriber agrees that he or she has the necessary knowledge to create and maintain their website and agrees that it is not the responsibility of ServerSea to provide this knowledge or service.
ServerSea provides technical support for services only to its subscribers and limits technical support to its area of expertise. ServerSea provides support related only to the physical functioning of features included in the subscriber’s service plan. ServerSea does not provide technical support for the subscriber’s customers.
22.1 The subscriber agrees that bandwidth and disk usage shall not exceed the maximum number of megabytes per month for the service plan subscribed to by the customer (“Agreed Usage”). ServerSea will monitor the subscriber’s bandwidth and disk usage.
ServerSea shall have the right to take corrective action if the subscriber’s bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this Agreement. These actions may be taken at ServerSea's sole and absolute discretion at any time deemed necessary by ServerSea.
If ServerSea takes any corrective action under this section, the subscriber shall be entitled to a pro-rated refund of any fees paid in advance prior to such action. In any case, the subscriber will be warned of approaching or exceeded resource limits via email by ServerSea’s automated notification system.
23.1 ServerSea reserves the right to suspend network access to any subscriber if, in the judgment of ServerSea, the subscriber’s account is the source or target of a violation of any of the terms of the Terms of Service, or for any other reason which ServerSea deems necessary.
If inappropriate activity is detected, all accounts of the subscriber in question will be deactivated until the investigation is complete. Prior notification to the subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The subscriber may not be credited for the time the subscriber’s services were suspended if the subscriber is found to be at fault.
24.1 The Terms of Service specifically prohibit the use of our service for illegal activities. Therefore, the subscriber agrees that ServerSea may disclose any and all subscriber information, including assigned IP numbers, account history, account usage, etc., to any law enforcement agency that requests such information, provided they possess the proper court-approved warrant, without consent or notification to the subscriber.
The subscriber is responsible for keeping a complete and current copy of their website files as a backup on a remote system and not solely on ServerSea servers.
ServerSea is not responsible for any lost files, information, or data, including but not limited to server migration, server upgrades or updates, or software or hardware crashes.
ServerSea makes regular internal backups of internal system configurations and databases. These backups are not intended for keeping backups of subscriber websites.
Although ServerSea backups may include subscriber sites and information for disaster recovery purposes, these backups are not to be relied upon by the subscriber. ServerSea does not guarantee possession of the most current copy of a subscriber's website in its own backups.
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