Hosting Terms and Conditions

About These Terms

As a requirement to use the services from Andrew Hoover/TheSiteArtisan.com, you hereby accept and agree to be legally bound by these Hosting Terms of Service ("Terms"). These Terms are effective immediately between the you the subscriber ("You", "Your") and Andrew Hoover/TheSiteArtisan.com. You agree to be legally bound by and subject to all terms and conditions contained in these Terms, including as well all usage policies and other policies herein.

Andrew Hoover/TheSiteArtisan.com, is committed to providing the best website hosting service it can. However, due to changing technologies, changing laws, or to address the needs of specific subscribers, Andrew Hoover/TheSiteArtisan.com reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice.

You represent and warrant that You are of age and legally competent to accept and be bound by these Terms. Additionally, You represent that You are not prohibited under any part of these Terms from subscribing to or receiving any of the Services from Andrew Hoover/TheSiteArtisan.com. You represent that all information provided by You to Andrew Hoover/TheSiteArtisan.com is complete, accurate, and current, and that You shall continue to provide complete, accurate and current information to Andrew Hoover/TheSiteArtisan.com as necessary to maintain complete, accurate and current information.

Subscribers may view the most current version of these Terms at http://thesiteartisan.com. You agree that continued use of the service constitutes acceptance of these terms after changes to these terms have been posted to http://thesiteartisan.com. If You do not agree to any alterations to these Terms, You must cancel the Your account as described below.

If You are registering a new domain name with Andrew Hoover/TheSiteArtisan.com, or using or transferring a previously registered domain name, You agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN") and the Domain Registration Agreement located at http://api.fastdomain.com/terms.html.

General

It is solely Your responsibility to backup Your own data. This includes for use in the unlikely event of a failure caused by Andrew Hoover/TheSiteArtisan.com hardware, staff, software or services.

If You discover anyone on the system violating any of these Terms or notice anything suspicious from our services, You agree to report the violation or suspicious activity to This email address is being protected from spambots. You need JavaScript enabled to view it. for investigation. Andrew Hoover/TheSiteArtisan.com reserves the right to and will immediately terminate any account which is found to be in violation of any of these Terms.

Reservation of Rights

Andrew Hoover/TheSiteArtisan.com reserves the right to refuse and cancel service to any Subscriber for any lawful reason at any time during Subscriber's hosting term.

Security

Andrew Hoover/TheSiteArtisan.com claims no ownership interest in the content of Your data. You grant Andrew Hoover/TheSiteArtisan.com a worldwide, royalty-free, and nonexclusive license under Your copyrights and other rights, to use, distribute, display, reproduce, and create derivative works from said data in any and all media, in order to maintain such content on Andrew Hoover/TheSiteArtisan.com’s servers during the term of these Terms. This license shall terminate upon Your cancellation of the Services.

Andrew Hoover/TheSiteArtisan.com is dedicated to providing secure services. Notwithstanding the foregoing, it is exclusively Your obligation to maintain and control passwords to Your web site(s), and You exclusively are responsible for all activities that occur in connection with Your user name, password and registered domain name(s). You agree to immediately notify Andrew Hoover/TheSiteArtisan.com of any unauthorized uses of the Service or any other breaches of security. Andrew Hoover/TheSiteArtisan.com will not be liable for any loss or damages of any kind, under any legal theory, caused by Your failure to comply with the foregoing security obligations or caused by any person to whom You grant access to Your Services.

Usage Policies

In good faith and subject to these Terms, Andrew Hoover/TheSiteArtisan.com makes every reasonable effort to provide its Subscribers with all the resources needed to power their web sites successfully, as long as the Subscriber's use of the service complies with these Terms.

“Unlimited" services is not intended to allow the actions of a single or few Subscribers to unfairly or adversely impact the experience of other Subscribers. Our hosting service is a shared hosting service, which means that multiple Subscriber web sites are hosted from the same server and share server resources. It is not intended to support the sustained demand of websites better suited to a dedicated server.

Prohibited Uses

You shall not post, transmit, retransmit, or store material on or through your account if, in the sole judgment of Andrew Hoover/TheSiteArtisan.com, it is in violation of any local, state, federal, or foreign law or regulation, is threatening, obscene, indecent, defamatory, or that otherwise could adversely affect any individual, group, or entity (collectively, "Persons"), or violates the rights of any person, including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for Your use. You agree that you will NOT knowingly use your account, among other things, to:

  1. upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
  2. harm minors in any way;
  3. impersonate any person or entity, including but not limited to Andrew Hoover/TheSiteArtisan.com, any other member of Powderworks.net, TheSiteArtisan.com, a forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through your account;
  5. upload, post, email, transmit, or otherwise make available any content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. upload, post, email, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
  7. upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms, message recipient solicited mailing lists, etc.) that are designated for such purpose;
  8. upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. interfere with or disrupt the services provided by Andrew Hoover/TheSiteArtisan.com or servers or networks connected to this account, or disobey any requirements, procedures, policies, or regulations of networks connected to this account;
  10. intentionally or unintentionally violate, attempt to violate, or avoid any applicable ICANN regulation or policy;
  11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
  12. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  13. "stalk" or otherwise harass another;
  14. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades, and other weapons, and creating "Crush" sites;
  15. use your home page (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond this account;
  16. collect, transmit, or store any type of adult, mature, or sexually explicit content.

Indemnity:

You agree to indemnify and hold harmless Andrew Hoover/TheSiteArtisan.com from any claims resulting from the use of this account which damages You or any other party. Andrew Hoover/TheSiteArtisan.com reserves the right to investigate You, Your business, and/or Your owners, officers, directors, managers, and other principals, Your sites, and the materials comprising the sites at any time. These investigations will be conducted solely for Andrew Hoover/TheSiteArtisan.com's benefit, and not for Your benefit or that of any third party. If the investigation reveals any information, act, or omission, which in Andrew Hoover/TheSiteArtisan.com's sole opinion, constitutes a violation of any local, state, federal, or foreign law or regulation, or any terms of this contract, Andrew Hoover/TheSiteArtisan.com may immediately shut down the site, and notify You of the action. You agree to waive any cause of action or claim You may have against Andrew Hoover/TheSiteArtisan.com for such action.

You agree to indemnify and hold harmless Andrew Hoover/TheSiteArtisan.com, affiliates, or other partners, from any claim, demand, or investigation, including reasonable attorneys fees, made by any third party due to or arising out of Your Content, Your conduct, Your use of this account, the goods or services offered or sold through Your account, any alleged violation of these Terms, including any applicable law, or regulation, or any alleged violation of any rights of another, including but not limited to Your use of any content, trademarks, service marks, trade names, copyrighted or patented material, or other intellectual property used in connection with Your account. Andrew Hoover/TheSiteArtisan.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, but doing so shall not excuse Your indemnity obligations.

Notice

Notices under these Terms shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to Andrew Hoover/TheSiteArtisan.com, such notices shall be addressed to P.O. Box 7955, Portland, TN 37148. If to You, such notices shall be addressed to the electronic or mailing address specified above, or such other address as either party may give the other by notice as provided above. Andrew Hoover/TheSiteArtisan.com may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to You generally on your account.

Termination of Hosting Account

Cancellation/Termination by You

You may cancel Your account and terminate these Terms at any time. If You cancel the account before the end of the Renewal Term, Your account and access to the account will be discontinued immediately, and no refund will be provided for any payments You have made. After cancellation and/or expiration of this Agreement, You will no longer have access to Your web site and all information contained therein may be deleted by Andrew Hoover or the staff of TheSiteArtisan.com.

Termination by Andrew Hoover or staff of TheSiteArtisan.com

Andrew Hoover or the staff of TheSiteArtisan.com may terminate these Terms at any time upon notice to You. Notwithstanding anything to the contrary herein, Andrew Hoover or the staff of TheSiteArtisan.com may also, but has no duty to, immediately suspend or terminate Your account, terminate Your access and password, remove Your account from the account servers, or remove any Content within the account if Andrew Hoover or the staff of TheSiteArtisan.com concludes, in his sole discretion, that You

  1. have breached, violated, or acted inconsistently with the letter or spirit of these Terms, including any applicable law or regulation;
  2. have provided false information as part of your Account Information;
  3. have failed to keep your Account Information complete, true, and accurate;
  4. fail to respond to any email communication sent to the email address listed in your Account Information;
  5. are engaged in fraudulent or illegal activities or the sale of illegal or harmful goods or services; or
  6. are engaged in activities or sales that may damage the rights or reputation of Andrew Hoover/TheSiteArtisan.com or others (each "Termination for Cause").

Any Termination for Cause by Andrew Hoover or the staff of TheSiteArtisan.com will take effect immediately, and You expressly agree that You will not have any opportunity to cure. If Your account username is terminated for any reason, these Terms and Your access to the account will also be terminated.

Termination for Cause by Either Party

In addition to any other right to terminate set forth herein, either party may terminate this Agreement if:

  1. the other party breaches any material term or condition of this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice of the same, except in the case of failure to pay fees, which must be cured within five (5) days after receipt of written notice from Andrew Hoover or the staff of TheSiteArtisan.com;
  2. the other party becomes the subject of a voluntary petition in bankruptcy or any voluntary proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors; or
  3. the other party becomes the subject of an involuntary petition in bankruptcy or any involuntary proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors, if such petition or proceeding is not dismissed within sixty (60) days of filing.

Termination – Legal Event

In the event a ruling, regulation, or order issued by a judicial, legislative, or regulatory body causes Andrew Hoover or the staff of TheSiteArtisan.com to believe that these Terms and/or the account provided hereunder may be in conflict with such rules, regulations, and/or orders, Andrew Hoover or the staff of TheSiteArtisan.com may suspend or terminate the account, or terminate these Terms without liability.

Deletion of Content

Upon any termination of the account, Andrew Hoover or the staff of TheSiteArtisan.com reserves the right to permanently delete from its servers any and all information and content contained in Your account, including but not limited to mailing lists, files, email, and any web pages generated by You or the account. Andrew Hoover or the staff of TheSiteArtisan.com accepts no liability for such deleted information or content.

Responsibility for Fees

Should Andrew Hoover or the staff of TheSiteArtisan.com suspend a portion, but not all, of your account due to a violation by You of any law, regulation, or policy, You shall remain liable for all fees applicable to the account as a whole. Should Andrew Hoover or the staff of TheSiteArtisan.com terminate your account, You are liable for the payment of all fees applicable to the account up to the date of termination, in addition to any early termination fees (if any). Fees paid by You in connection with the purchase of SSL certificates and domain names are nonrefundable.

Waiver

You expressly waive any statutory or other legal protection in conflict with the provisions of this Section “Termination of Hosting Account.”

INTELLECTUAL PROPERTY

Except for the rights expressly granted herein, this Agreement does not transfer from Andrew Hoover or the staff of TheSiteArtisan.com to You any technology developed, licensed, or owned by Andrew Hoover or the staff of TheSiteArtisan.com. Technology, and all rights, title, and interest in and to such technology will remain solely with Andrew Hoover/TheSiteArtisan.com. The parties agree that they will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from the other party.

Notwithstanding anything to the contrary in this Agreement, You will not attempt to prohibit or enjoin Andrew Hoover or the staff of TheSiteArtisan.com at any time from utilizing any skills or knowledge of a general nature acquired during the course of providing the Services, including, without limitation, information publicly known or available or that could reasonably be acquired in similar work performed for another customer of Andrew Hoover or the staff of TheSiteArtisan.com.

Andrew Hoover or the staff of TheSiteArtisan.com may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and You expressly authorize Andrew Hoover or the staff of TheSiteArtisan.com to comply with any and all lawful notices, subpoenas, court orders, or warrants without prior notice to You.

You will not use Andrew Hoover’s name or the name TheSiteArtisan.com or any language, pictures, or symbols that could, in Andrew Hoover's/TheSiteArtisan.com’s sole judgment, imply his identity in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without Andrew Hoover’s/TheSiteArtisan.com's prior written consent. You agree that any and all press releases and other public announcements related to this Agreement and subsequent transactions between Andrew Hoover/TheSiteArtisan.com and You, including the method and timing of such announcements, must be approved in advance by Andrew Hoover/TheSiteArtisan.com in writing. Andrew Hoover/TheSiteArtisan.com reserves the right to withhold approval of any public announcement in his sole discretion. Without limitation, any breach of Your obligation regarding public announcements shall be a material breach of these Terms.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. THE SERVICE AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANDREW HOOVER/THESITEARTISAN.COM 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 NONINFRINGEMENT.
  2. YOUR USE OF THIS ACCOUNT, THE SOFTWARE, AND ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS ACCOUNT, IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
  3. THE SECURITY MECHANISM INCORPORATED IN THE SOFTWARE HAS INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THE SOFTWARE ADEQUATELY MEETS ITS REQUIREMENTS.
  4. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT
    1. THIS ACCOUNT OR SOFTWARE WILL MEET YOUR REQUIREMENTS,
    2. THIS ACCOUNT OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
    3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS ACCOUNT WILL BE ACCURATE OR RELIABLE,
    4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS ACCOUNT WILL MEET YOUR EXPECTATIONS, AND
    5. ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE ACCOUNT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
  6. ANDREW HOOVER/THESITEARTISAN.COM ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANDREW HOOVER/THESITEARTISAN.COM AND ITS AFFILIATES, OR OTHER PARTNERS SHALL NOT BE LIABLE,UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ANDREW HOOVER/THESITEARTISAN.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

  1. THE USE OR THE INABILITY TO USE THIS ACCOUNT;
  2. ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE OF THIS ACCOUNT OR THE SOFTWARE;
  3. 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 THIS ACCOUNT;
  4. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
  5. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS ACCOUNT;
  6. ANY GOOD OR SERVICE OFFERED OR SOLD THROUGH THIS ACCOUNT; OR
  7. ANY OTHER MATTER RELATING TO THIS ACCOUNT OR SOFTWARE.

ANDREW HOOVER/THESITEARTISAN.COM'S LIABILITY TO YOU SHALL NOT, FOR ANY REASON, EXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE BY YOU TO ANDREW HOOVER/THESITEARTISAN.COM OVER THE COURSE OF THE EXISTING TERM. YOU ACKNOWLEDGE THAT ANDREW HOOVER/THESITEARTISAN.COM HAS SET ITS PRICES IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THESE TERMS WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.