Terms of Service

Last updated: November 3, 2017

These Terms of Service constitute a contract by and between Site Trustee, LLC (“Site Trustee”) and you, as a Site Trustee customer. These Terms of Service may change from time to time in Site Trustee’s sole and absolute discretion. Site Trustee will use its best efforts to notify you of any changes, which will be effective immediately, unless the notice specifies a different effective date.

Services, Payment Policies, Fees, Refunds and Terms of Agreement

Site Trustee offers a wide variety of services. Site Trustee’s services may change from time to time, as certain offerings are added, discontinued, or offered in different packages. Site Trustee’s current service offerings are listed on Schedule A (the “Services”) to these Terms of Service. You accept and agree be bound by these Terms of Service by using or accepting any of the Services offered by Site Trustee or otherwise indicating your affirmative acceptance of such Services.

You agree to pay Site Trustee the fees associated those Services you request. Site Trustee’s current fee schedules are listed on Schedule A. Site Trustee may change its fees from time to time, in its sole and absolute discretion.

You must remit full payment in advance before Site Trustee renders any Service. Site Trustee sends all invoices and payment notices by electronic mail. No invoices will be sent by postal mail or fax, unless requested and agreed upon in writing by Site Trustee before service is rendered. You must make payment by the applicable anniversary (one month, one year, or other specified period) following the date the account was established. Site Trustee does not offer credits or refunds for hosting time already provided or for any company-issued credit, such as a free hosting. Credit cards may be billed up to seven days in advance of the due date. All credit card, PayPal, or other chargebacks for the Services rendered, or partially rendered will be assessed a $50 fee, per incident.

Site Trustee bills on full month, quarterly, or annual terms. Additional features can be added at any time. Site Trustee reserves the right to change prices at any time.

Site Trustee will invoice you at least 5 days before the due date. Site Trustee will automatically charge your credit card on file as a default payment method, up to 5 days before the due date. After the due date, there is a 5 day grace period in which to fully pay the invoice. If payment is not made, the account (including all paid Services for the account) may be promptly disabled after the 5th day. You are fully responsible for ensuring payment is made in a timely manner and are fully responsible for keeping accurate billing information on file.

Site Trustee reserves the right to refuse service to anyone for any reason not prohibited by law. Site Trustee also reserves the right to terminate service to any client for any reason not prohibited by law. Any attempt to damage Site Trustee or any other Internet server will result in immediate account deactivation without prior notice.

The government of the United States of America prohibits certain business transactions. As of this date, we cannot host clients from certain countries, including: Burma, Cuba, Iran, Iraq, Liberia, Libya, North Korea, Sudan, Syria, and Zimbabwe. We are further restricted from transacting business with certain persons identified on the Specially Designated Nationals and Blocked Persons List, maintained by the Office of Foreign Assets Control.

Access

You agree to allow us and our agents the right of access to equipment and data, as is reasonably needed, for purposes of installing, servicing, configuring, maintaining, inspecting, upgrading, replacing and removing the services and/or equipment used to receive any of the Services. In so doing Site Trustee will take all reasonable care to insure the work is complete in a professional manner with minimal interruptions to Services. Site Trustee’s liability is limited as provided by these Terms of Service.

Cancellation

Both Site Trustee and you may cancel Services at any time, unless otherwise stated in a written contract or agreement. To cancel your service, please email us. Unless Site Trustee receives written notice of cancellation at least 30 days in advance of your next billing cycle, you will be charged for a renewal of the Services and you will not be entitled to a full or partial refund for the renewed period. You are responsible for all charges associated with a service until cancellation.

Cancellation does not absolve you of any outstanding financial obligations. In any legal action arising from your breach of these Terms of Service, Site Trustee shall be entitled to recover reasonable attorneys’ fees, costs and expenses of litigation, and prejudgment and postjudgment interest at the legal rate.

Insurance

You are solely responsible for maintaining insurance coverage for any claims which may arise under these Terms of Service and for which any party may be legally liable. It is your responsibility to adequately insure yourself against business interruption, loss of business or other losses. Site Trustee shall not have responsibility to you for your failure to maintain sufficient insurance coverage. Site Trustee’s liability is limited as provided by these Terms of Service.

Indemnification

You agree to use all Site Trustee Services and facilities at your own risk. Site Trustee specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Site Trustee be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. You agree to defend, indemnify, save and hold Site Trustee harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Site Trustee, its agents, its customers, officers and employees, that may arise or result from any Service provided or performed or agreed to be performed or any product sold by you, your agents, employees or assigns. You agree to defend, indemnify and hold harmless Site Trustee against liabilities of any nature whatsoever arising out of:

  • Any injury to person or property caused by any products sold or otherwise distributed in connection with a Site Trustee server;
  • Any material supplied by you infringing or allegedly infringing on the proprietary rights of any person or entity;
  • Any error or inaccuracy in information provided by you;
  • Any illegal or unlawful activity conducted through your website or your business;
  • Negligence by you, your agents, officers, or employees;
  • Copyright, trademark, patent, or other intellectual property infringement; and
  • Any defective products sold from a Site Trustee server.

Limitation of Liability

THE LIMIT OF SITE TRUSTEE’S LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR BY STATUTE OR OTHERWISE TO CUSTOMER (OR ITS CLIENTS) CONCERNING PERFORMANCE OR NON-PERFORMANCE IN ANY MANNER RELATED TO THIS AGREEMENT, FOR ANY AND ALL CLAIMS WILL NOT, IN THE AGGREGATE, EXCEED THE TOTAL FEES PAID BY CUSTOMER TO SITE TRUSTEE UNDER THIS AGREEMENT IN THE IMMEDIATELY PRECEDING TWO MONTHS FROM THE DATE THE CLAIM AROSE. IN NO EVENT WILL SITE TRUSTEE BE LIABLE FOR ANY LOST PROFITS, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES.

Spam Policy

Site Trustee is committed to a strict anti-spamming policy. Under this policy, we prohibit spam, or any unsolicited commercial email, from being sent either: Over the Site Trustee network, by clients or any other users of the Site Trustee network (including your customers); AND/OR over ANY network – if the message sent advertises or mentions a site hosted on the Site Trustee network.

We react quickly and seriously to violations, and we further reserve the right to terminate the services of any client disregarding this policy. Sending unsolicited commercial email (a.k.a. “spam”), cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to an email address or web site URL on Site Trustee’s network is prohibited. The use of Site Trustee’s network as a mail drop for responses to activities described above is also prohibited. Accounts cancelled due to spam will be billed a “clean up” fee of $100 along with a potential fee of $50 per mailing/complaint if they are deemed to be unresponsive to our requests.

If you have any complaints or comments regarding spam on our network, please contact us.

Site Trustee explicitly reserves its right to act in accordance with this policy in all instances, in its sole and absolute discretion.

Content Policy

All Services provided by Site Trustee may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material that promotes any illegal activity, or material protected by trade secret and other statutes without proper authorization. Site Trustee will comply with all requirements of all applicable laws and regulations and will comply with orders of any court of competent jurisdiction or regulatory agency with authority over Site Trustee or its business. You agree to indemnify and hold harmless Site Trustee from any claims resulting from such compliance or the use of the service which damages Site Trustee or any other person or entity.

Examples of unacceptable content include, but are not limited to, the following:

  • Pirated software, including warez or any other commercial software which you do not have the legal right to distribute;
  • Serial numbers and CD keys for commercially available software which you do not have the legal right to distribute;
  • Music (.mp3, .wma, .ogg, etc.), Movies and Television shows (.mpg, .avi, .wmv, etc.), images (.jpg, .gif, .png, etc.) or compressed files or archives containing such files (.zip, .rar, .tar, etc.) which you do not have the legal right to distribute;
  • Child pornography, rape, or bestiality;
  • Security circumvention software or archives;
  • Any content that facilitates in identity theft, credit card fraud, or any other type of fraud;
  • Torrent files and trackers that facilitate the download of any materials included in this list;
  • Any software that facilitates any activity prohibited in this policy; and
  • Any content that facilitates a violation of the System and Network Security policy below.

Any illegal activity may result in your site being suspended immediately, without notification. Violations of this policy may be subject to clean-up fees of $100 per violation.

Site Trustee has sole and absolute discretion to interpret and enforce this Content Policy.

System and Network Security Policy

Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. Site Trustee investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.

Examples of system or network security violations include, but are not limited to, the following:

  • Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses and other executables intended to inflict harm);
  • Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data for which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access. For purposes of this section, “disruption” includes, but is not limited to, port scans, ping flooding, email-bombing, packet spoofing, IP spoofing and forged routing information;
  • Executing any form of network activity that will intercept data not intended for your server;
  • Circumventing user authentication or security of any host, network or account;
  • Interfering with or denying service to any user other than your host (example: denial of service attack or distributed denial of service attack);
  • Using any program script/command, or sending messages of any kind, designed to interfere with or to disable a user’s terminal session, via any means, locally or via the Internet.

You are solely responsible for inadequate security, insecure/unpatched software, insecure passwords, and the . You are responsible for assuring that the account is as secure as possible. The account holder on file agrees to be held responsible for all bandwidth overage fees ($0.35 per GB on dedicated servers and colocation, $0.50 per GB on VPS accounts, unless other terms are agreed upon in writing), clean-up fees, and managed service fees.

Scripting/IRC Policy

Site Trustee prohibits the running of any specific IRCd, eggdrop, IRC related scripts, programs, or bots.

Backups

No guarantees are made of any kind, either expressed or implied, as to the integrity of our backups or backup services. It is your sole responsibility to maintain local copies of content and other stored information. If loss of data occurs due to a failure on Site Trustee’s part, we will take reasonable action to recover the data in-house at no charge to you. Site Trustee is not responsible for data loss arising due to your negligence, by your actions, or for any other reason not under Site Trustee’s direct control.

You are solely responsible for assuring that backups are kept. With dedicated servers, backup space is provided with all accounts, but it is your responsibility to activate that backup space and to backup their data.

User Information

It your responsibility to assure that your complete contact and billing information are up-to-date and accurate, including full mailing address and a list of authorized contacts. Site Trustee will contact users via the email addresses and/or phone numbers entered by the user and is not responsible for the accuracy of this information. Services are only rendered to those users whose information is on file as an authorized contact on the account.

You agree to be contacted by email, telephone, or facsimile, including but not limited to contact by manual calling, prerecorded or artificial voice messages, text messages, emails, and/or automatic telephone dialing systems, at any email address or number provided to Site Trustee.

Representations and Warranties

You represent and warrant that you are at least 18 years of age.

You will not attempt to decompile, reverse engineer, disassemble, or otherwise reproduce, reconstruct, copy, or duplicate any proprietary software or code used or provided by Site Trustee.

You will not use or attempt to use Site Trustee’s Services for any illegal or unlawful purpose.

You will not sell, reproduce, copy, or repackage Site Trustee’s Services to or for any other person or entity.

You will not use your website or Site Trustee’s Services in a manner that interrupts, damages, disables, burdens, or impairs any website, or interferes with any person’s or entities’ use of or access to a website.

You will use Site Trustee’s Services and operate your website in accordance with these Terms of Service, including but not limited to the Spam Policy, the Content Policy, and the System and Network Security Policy.

Reservation of Rights

Site Trustee reserves all rights not specifically granted herein.

Force Majeure

Neither party will be liable for any delay, interruption or failure in the performance of its obligations if caused by acts of God, war, declared or undeclared, fire, flood, storm, slide, earthquake, or other similar event beyond the control of the party affected (“Force Majeure”). If any Force Majeure occurs, the party claiming the Force Majeure will promptly notify the other. The party claiming the Force Majeure will use commercially reasonable efforts to eliminate or remedy the Force Majeure. This Section will not apply to excuse a failure to make any payment when due.

No Waiver

No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy.

Severability

If any portion of this Agreement is determined to be or becomes unenforceable or illegal, such portion will be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.

Choice of Laws

This Agreement will be governed and interpreted by the laws of the State of Georgia, without regard to its conflicts of law provisions. Site Trustee is located in DeKalb County, Georgia and will perform the Services in DeKalb County, Georgia. Any controversy or claim arising out of or related to these Terms of Service must be heard in the state or federal courts embracing DeKalb County, Georgia. You consent to jurisdiction and venue in these courts and waive any argument that they are an inconvenient forum.

Entire Agreement

This Agreement supersedes all previous Agreements and Service Agreement Addendums between the parties. This Agreement and any subsequent Service Agreement Addendums constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, SITE TRUSTEE MAKES NO REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS AND THOSE WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

SCHEDULE A

Service:Description:Cost:
WebStableSupport dashboard; monthly reports; WordPress core & plugin updates; daily off-site backups; front-end security Scans. Support through portal and email.$150/quarter
WebSupportWebStable, plus unlimited 30 minute support tasks and premium plugin use. Support through portal, email, and phone.$295/month
WebMasteryWebSupport, plus: malware cleanup; manual updates & testing; monthly review. $495/month,
WordPress SEO OptimizationPage title updates; meta description; headings (up to three per page); url optimization; alt-image and image name guidance; keyword and related keyword density upgrades; geographic targeting when appropriate; benchmark report before work and 90-day follow up.$149 per page
Intensive SEO AssessmentKeyword search; competitor comparison; SEO audit; search engine ranking; review Google analytics and search engine console reports.$995
Performance AssessmentSpeed testing; integration review and documentation; review search engine console crawl errors.$750
Security AssessmentPerform a backup of database and files; review plugins based on security; harden site against attacks; install security plugins as needed; perform security scan to identify possible issues.$495