These Terms of Service govern the use of the ServerSea website and its services for server clients. The term "ServerSea" is used to refer to ServerSea Hosting Ltd. 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. 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.

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.

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.

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.

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.

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.

Setup Fees are nonrefundable.

ServerSea reserves the right to offer subsequent promotional rates which may or may not be more favorable than the terms under which you entered this agreement. Any such periodic special rates shall not affect existing right and responsibilities of each party. Promotional offers and rates may not be combined.

To the extent that you qualify for any promotional rates or special offers offered by ServerSea, these terms and conditions may be modified by the terms and conditions of the promotion or special offer. In such a case, the terms and conditions of the promotion, to the extent they differ from the terms and conditions expressed herein, govern.

ServerSea charges a non-refundable set up fee as well as its periodic service fee which in some cases may be refundable as further set forth elsewhere herein. ServerSea may also charge you for Domain Service Fees and specifically reserves the right to institute additional charges upon notice to you. ServerSea reserves the right to alter, change, amend or delete charges at its sole discretion. ServerSea further reserves the right to institute new services and charge fees in association with the provision of such new services as it deems appropriate.

Payment for all products and services are due in advance, unless specifically stated otherwise in the offer or promotion pursuant to which you have ordered or are ordering the ServerSea services. All payments shall be made in United States Dollars.

Upon termination of a customer's account for any cause or reason whatsoever, neither party shall have any further rights or obligations under these terms of service, except as expressly set forth herein or provided in writing by a separate contract. Termination of a hosting Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other legal or equitable rights or remedies to which ServerSea may be entitled.

ServerSea reserves the right to access and review its user's content, files, or web pages for any reason at its sole discretion.

ServerSea does not preview the content of its users and therefore all user content is provided "AS IS" and without warranty of any kind by ServerSea.

ServerSea does not endorse any content contained within it's user's pages.

ServerSea will cooperate with all law enforcement efforts pertaining or involving the use of ServerSea's user's web space and content. This may result in ServerSea disclosing all information given to ServerSea including but not limited to information contained in ServerSea's customer database records.

Transmission, distribution, sale or storage of any material in violation of any applicable law, regulation, ordinances, or these guidelines is prohibited. ServerSea reserves the rights 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, reputations, good will, other ServerSea Customers, or any third party. The following non-exhaustive list details the kinds of illegal or harmful or misappropriates conduct that is prohibited.

ServerSea does not permit any of the following types of content:

Threatening, abusive, harassing, harmful, defamatory, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.

Promotion of illegal activities (info on hacking, cracking, making illegal devices, etc).

Information, instructions, or software containing or about any kind of virus.

Hate speech or hate propaganda.

Content that links to content that violates ServerSea's Terms of Service in any way.

Misrepresentation of user's identity, or the impersonation of anyone, including ServerSea personnel.

Collection of personal information for illegal purposes.

Solicitation or sale of any products or services that are harmful, illegal, dangerous, or indecent.

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.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to this agreement.

isseminating 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.

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 use of credit card numbers.

You agree not to make or attempt any unauthorized access to any ServerSea website or the website of any ServerSea customer.

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:

Hacking. Unauthorized access to or use of data, systems, server or networks, including any attempt to probe, scan or test the vulnerability of a system, server or network or to breach security or authentication measures without express authorization of the owner of the system, server or network.

Interception. Unauthorized monitoring of data or traffic on any network, server, or system without express authorization of the owner of the system, server, or network.

Intentional Interference. Interference with service to any user, host or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, broadcast attacks and any activity resulting in the crash of a host. Intentional interference also means the use of any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet.

Falsification of Origin. Forging of any TCP-IP packet header, e-mail header or any part of a message header.

Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on the Services such as timing out.

Failure to Safeguard Accounts. Customer fails to prevent access to the accounts, including any account passwords.

ServerSea does not permit the following file types: .cmd, and .bat.

  ServerSea user name restrictions are as follows:

No vulgar or offensive language.

No use of a name other than your own.

No use of a name that is an organization or entity other than your own.

No use of a name that is trademarked, copyrighted, service marked, or violates the rights of another individual or organization.

ServerSea users agree not to distribute, publish, or send any of the following types of e-mail:

Unsolicited promotions, advertising or solicitations (commonly referred to as "spam"), including, without limitation, commercial advertising and informational announcements, except to those who have explicitly requested such e-mails.

Harassing e-mail, whether through language, frequency, or size of messages.

Chain letters.

UCE (Unsolicited Commercial E-mail), Bulk E-mail, advertising or solicitations (commonly referred to as "spam"). ServerSea reserves the right to decide what it considers "spam", "UCE", "mail bombing", or "bulk e-mail", and to determine from all of the evidence whether or not the e-mail recipients were from an "opt-in" e-mail list. Further, you agree to indemnify and hold us harmless from any claim resulting from your use or distribution of electronic mail services through the service provided through this Agreement. Anyone using our services for spamming will be immediately subject to a $250 cleanup/network abuse fee.

Unsolicited postings to newsgroups advertising any URL (domain) hosted by ServerSea.

Promoting any software program, product, or service that facilitates the use of spam/bulk mail.

E-mails containing forged or falsified information in the header (including sender name and routing information), or any other forged or falsified information.

Malicious e-mail, including without limitation "mail-bombing" (flooding a user or Web site with very large or numerous pieces of mail) or "trolling" (posting outrageous messages to generate numerous responses).

In addition, you may not use ServerSea's mail server or another Web site's mail server to relay mail without the express permission of the account holder or the Web site. Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting) also is explicitly prohibited.

A partial list of the actions that may cause termination of account:

Purposely circumventing the receiving of emails.

Posting or providing links to content that violates these Terms of Service.

Using an account that is not yours or is inactive.

Sending unsolicited (bulk, spam) email from or referencing your space.

Reproduction or use of another user's content without permission.

Reproduction of any ServerSea.com content (CodeBank, Forum Messages, Articles).

Invalid e-mail address for correspondence with ServerSea.

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.

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 work around or other modification of the ServerSea Services shall also remain the sole property or ServerSea.

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.

Confidential Information also includes passwords and access codes.

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 THAT 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 IN 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.

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.

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 also may 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.

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.

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 towards serving web documents and self-need email services and is not to be used as offsite storage area for electronic files storage, sharing, 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 a 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, music or other media are strictly prohibited and are not allowed on ServerSea servers.
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 furthermore 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 use 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 the server resources, within reason, up to what is allotted or by 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 in use (actually used) of their resource allotments, that customer may be asked to remove content, cut resource usage, or relocate to a dedicated service provider. This policy only applies to web sites that are considered to be 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 regards to disk space, bandwidth or CPU processing power utilization and memory. Additionally, web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the sole discretion of ServerSea.
If a "Fair-Use" breach occurs, which's determination is solely up to ServerSea, subscriber may have to remove files from or reduce access to subscriber's account to an extent as determined by ServerSea, in order to restore full serviceability to other subscribers affected by the breach. In any case, the subscriber will be notified of any actions that ServerSea may have to take.

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 by defect 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, or in cases of system resource abuse, it may be removed without prior warning and/or the user account may be suspended for further review.

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 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 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. We limit our technical support to our area of expertise. The following is our guideline when providing support:
ServerSea provides support related to your service plan’s features’ physical functioning. ServerSea does not provide technical support for the subscriber’s customers.

Subscriber agrees that bandwidth and disk usage shall not exceed the maximum number of megabytes per month for the service plan subscribed by the customer (“Agreed Usage”). ServerSea will monitor subscriber’s bandwidth and disk usage. ServerSea shall have the right to take corrective action if 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, which actions may be taken is in ServerSea's sole and absolute discretion, at any time deemed necessary by ServerSea. If ServerSea takes any corrective action under this section, subscriber shall be entitled to a pro-rated refund of any fees paid in advance prior to such action. In any cause, subscriber will be warned of approaching or exceeded resource limits via email by ServerSea’s automated notification system.

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 TOS, 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 our 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 machines were suspended if the subscriber is found to be at fault.

The TOS specifically prohibits the use of our service for illegal activities. Therefore, subscriber agrees that ServerSea may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agency that requests such information, provided they posses 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 (not solely on ServerSea servers).
ServerSea is NOT RESPONSIBLE for any lost files, information or data.
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 on by the subscriber. ServerSea does not guarantee to possess the most current copy of a subscriber's website in its own backups.