Our Service Guarantees

UNCONDITIONAL 30 Day Money Back Guarantee

Should you decide to cancel your hosting account within 30 days of ordering your account, you will receive a FULL refund. This unconditional policy applies to monthly hosting plans only. SiteGate.Net user accounts which are pre-paid to take advantage of term discounts or website design specials or in conjunction with free webpage design offers are non-refundable in the event of account cancellation.

99.9% Uptime Guarantee

We guarantee that your website will be up all through the year! However, if your website uptime should be lower than 89.9%, we will give you a full refund of your hosting charges for that particular effected month. Please see your Acceptable Use Policy (AUP) for additional details.

Online Support

Our customer service and technical support are available to help you with any issue or question you might have. You will have access to our customer service representatives at any time from any where, as long as you have internet access. We provide premium customer service to our entire client base.

Terms and Conditions

READ THIS AGREEMENT CAREFULLY BEFORE USING ANY SITEGATE.NET SERVICE. SPECIFIC TERMS FOR WEB HOSTING AND DOMAIN SERVICE ARE LOCATED AT THE END OF THE AGREEMENT.

1. AGREEMENT This is an agreement between SiteGate.Net and you to provide SiteGate.Net hosting service("the Service"). By establishing an account, using the Service, you agree to be bound by this Agreement, including future revisions and to use the Service in compliance with the current SiteGate Acceptable Use Policy.

2. TERM If your Service term is yearly, this agreement will renew on a yearly basis after the initial term is over. If your Service term is monthly, this agreement will renew monthly. SiteGate.Net reserves the right to change prices of the Service upon 30 days notice. SiteGate.Net reserves the right to change features of the Service at any time. Current Service prices and features may be obtained on our website.

3. THE SERVICE Depending on the type of Service that you sign up for, the Service may include website hosting, email, and other features. From time to time SiteGate.Net may impose reasonable rules and regulations regarding the use of the Services.

Your Service may limit the amount of data that you can upload and/or download each month ("bandwidth") or may be priced according to the amount of bandwidth you use per month. Please see the description of your particular Service by referring to the appropriate product page at sitegate.net/hosting for more information. If during any month, you exceed a monthly bandwidth limit associated with your Service, SiteGate.Net may, going forward, change your Service to one permitting such bandwidth use (as provided for in the Service description) and you agree to the standard fees SiteGate.Net charges for such Service. SiteGate.Net will provide you with thirty (30) days notice of any such change to your Service.

4. CANCELLATION

To cancel the Service you must do the following:

EMail Cancellation:
Web Hosting and Domain: admin@sitegate.net

Mail Cancellation:
Send registered or certified mail, return receipt requested to SiteGate.Net, 3600 Harbor Blvd. #272, Oxnard, CA 93035. Please put the type of service you have in the address.

SiteGate.Net may terminate this Agreement, your password, your account, or your use of the Services for any reason, including, without limitation, if SiteGate.Net, in its sole discretion, believes you have violated this Agreement or Acceptable Use Policy or if you fail to pay any charges when due. Termination notice will be by email or U.S. Mail to the address you provided for the Service.

4.5 CANCELLATIONS

The following applies to Website Hosting Services only:

If after 30 days of your original sign up date you are dissatisfied with the Service or any related terms, conditions, rules, policies, guidelines, or practices, your sole remedy is to discontinue using the Service, cancel your account, and pay any cancellation fees that apply. Cancellation will be effective at the end of the current billing period in which notice of cancellation is received. Upon cancellation, email service will be terminated and all files stored on SiteGate.Net servers will be deleted.

If you decide to cancel your hosting account within 30 days of opening your account, you will receive a FULL refund. This unconditional policy applies to monthly hosting plans only. SiteGate.Net user accounts that are pre-paid to take advantage of term discounts or website design specials or in conjunction with free webpage design offers are non-refundable in the event of account cancellation.

5. ACCOUNT REQUIREMENTS
In order to order and receive the Service, you must be at least 18 years old and may have to provide a valid credit card or other forms of payment.

6. PAYMENT
You will be charged a monthly service fee, applicable taxes, maintenance and other fees. Some services may also include charges for activation or early cancellation. SiteGate.Net may offer, from time to time, certain promotions with different terms, activation fees, and monthly charges.

You must provide accurate billing information including legal name, address, telephone number, and credit card/billing information, and report all changes to this information immediately.

You are responsible for any charges to your account. Questions regarding charges to an account should be directed to admin@sitegate.net. All charges are considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for charges that are more than 30 days old.

Charges are billed to your credit card or debit card, as applicable, each month for the Service and any additional usage, services, taxes and fees. SiteGate.Net is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by SiteGate.Net. Payment by check is due within 30 days after the month in which the charges are incurred. You agree to maintain valid and current credit card information on file with SiteGate.Net at all times.

If purchasing Services through a reseller, the reseller must pay all amounts owing for your account. If the reseller fails to pay SiteGate.Net any amounts due, whether or not you have paid the reseller, your account will be subject to suspension or cancellation until you or the reseller has paid all amounts due. Delinquent accounts may be suspended or canceled at SiteGate.Net's sole discretion; however charges will continue to accrue until the account is canceled. SiteGate.Net may bill an additional charge to reinstate a suspended account.

7. YOUR ACCOUNT, PASSWORD, AND SECURITY

Upon registration, hosting only clients will receive a username, password, and other account information. You and members of your household or business, are the only authorized users of your SiteGate.Net account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Services through your account. You must notify SiteGate.Net immediately upon discovering any unauthorized use of your account.

Unless your service includes a Static IP, you will be allocated a Dynamic IP address. SiteGate.Net reserves the right to timeout inactive connections. SiteGate.Net technical support may be limited to SiteGate.Net-provided services. Your email and webspace may be inactivated if you exceed storage limits. You may reduce the size or purchase additional space. Usage and webspace exceeding the allotted amount of bandwidth may be billed for excess traffic. Email, webspace, and bandwidth limits are posted on our website at sitegate.net. SiteGate.Net reserves the right to change limits at any time upon 30 days prior notice.

8. INSTALLATION
The Service that you have does not include equipment provided by SiteGate.Net.

9. MONITORING THE SERVICES

SiteGate.Net has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if SiteGate.Net, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; or protect itself and its customers. SiteGate.Net may immediately remove your material or information from SiteGate.Net's servers, in whole or in part, which SiteGate.Net, in its sole and absolute discretion, determines to infringe another's property rights or to violate our Acceptable Use Policy or other policies or laws.

10. DISCLAIMERS AND WARRANTIES

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SITEGATE.NET DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. SITEGATE.NET MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH SITEGATE.NET OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY SITEGATE.NET OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SITEGATE.NET AND IT'S EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, SITEGATE.NET'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE MONTH IMMEDIATELY PRECEDING A CLAIM.

THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF SITEGATE.NET, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST SITEGATE.NET IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS.

11.REASSIGNMENT

You may not assign your rights or delegate any of your duties under this Agreement without the prior written consent of SiteGate.Net, and any attempted assignment or delegation without such consent shall be void. If one or more provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. SiteGate.Net will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of SiteGate.Net as reflected in the original provision. Nothing in this Agreement or in the understanding of the parties construes upon the parties the status of agency, partnership, or other form of joint enterprise between the parties. SiteGate.Net may subcontract any work, obligations or other performance required of SiteGate.Net under this Agreement without your consent.

12. ADDITIONAL TERMS FOR WEB HOSTING SERVICE

A. Order Acceptance, Payment

A Web Hosting order is accepted when SiteGate.Net sends written confirmation to you. SiteGate.Net shall charge you or your credit card for applicable set-up fees and monthly fees according to the Web Hosting Package ("Package") you select. Such fees and charges shall include, without limitation, the fees for connectivity, design services, and charges by any and all third parties whose materials are included as part of the Package. SiteGate.Net reserves the right to change the amount of, or basis for determining, any fees or charges and institute new fees and charges upon prior notice to you.

All monthly fees are due in advance of the month incurred and all additional charges shall be due at the end of the month in which such charges are incurred. Except as provided below, the set-up fees are nonrefundable and SiteGate.Net does not issue pro rata refunds for fees paid in advance. Your right to use the Services are subject to any limits established by SiteGate.Net or by the issuer of your credit card. Interest charges of 1% per month (or the highest rate permitted by law if lower than 1% per month) will accrue daily on any unpaid balance, which is more than thirty (30) days overdue. You shall be responsible for any and all taxes related to this Agreement.

B. SiteGate.Net Service

During the term of this Agreement, SiteGate.Net shall provide services according to the Package selected by you. Current Packages may be found on SiteGate.Net's Web site. You should retain copies of such Packages for future reference. SiteGate.Net has the right to change prices, or add or delete product features of any existing product or service. SiteGate.Net has the right to discontinue products or services and the right to remove or reassign IP addresses of a customer's web site. From time to time SiteGate.Net may impose reasonable rules and regulations regarding the use of the Services.

C. Limited 30-Day Money-Back Guarantee

SiteGate.Net offers a thirty (30) day money back hosting guarantee. Within the first thirty (30) days, you may cancel your Service by notifying SiteGate.Net in writing to the address listed below. In such case, you will receive a full refund of any amounts paid pursuant to this Agreement, except for set-up fees, photography fees, design fees and domain name registration which are nonrefundable. After the initial thirty (30) day period, the SiteGate.Net Services shall be deemed accepted for all purposes, provided no written claim has been received by SiteGate.Net within such thirty (30) day period.

D. Third Party Providers

You acknowledge that in order to access certain of the Services, (banking, online store) you may have to agree to and execute agreements with third party providers who may charge additional fees and charges in addition to SiteGate.Net.

E. Term and Termination

The Service shall be provided on a month-to-month basis. You may cancel the Service upon thirty (30) days prior notice. SiteGate.Net may immediately and without prior notice terminate upon a violation by Customer of SiteGate.Net's acceptable use policy, non-payment of fees when due or after notice, you fail to correct any breach of this Agreement.

Upon any termination, SiteGate.Net may permit Customer forty-eight (48) hours to download or otherwise copy any of Customer's information and data residing on SiteGate.Net's facilities prior to removing such information and data from SiteGate.Net's facilities upon termination by SiteGate.Net under its sole discretion, SiteGate.Net may immediately remove all of Customer's data and information from SiteGate.Net's facilities and Customer shall have no right to copy or download such data or information, and, in such event, all such information and data, including all copyrighted or copyrightable material therein, shall then become the property of SiteGate.Net. In cases where Customer's account has been cancelled, and Customer is requesting reactivation, SiteGate.Net, at it's option, may reactivate the same account, only if the account had been cancelled less than sixty (60) days prior. After sixty (60) days, Customer will be required to set up a new account.

To cancel an SiteGate.Net web hosting, domain name services, the Customer should send a request via mail to SiteGate.Net, 3600 Harbor Blvd. #272, Oxnard, CA 93035, Attention: Web Hosting Cancellations. For assurance of delivery, SiteGate.Net recommends that requests for cancellation be sent via certified mail.

F. Confidentiality

You acknowledge that by reason of your relationship with SiteGate.Net, you may have access to certain information and materials relating to SiteGate.Net's business, customers, software technology and marketing which SiteGate.Net treats as confidential (collectively "Confidential Information"). You shall: (i) hold in confidence, and not disclose or reveal to any person or entity, any Confidential Information without the clear and express prior written consent of a duly authorized representative of SiteGate.Net; and (ii) not use or disclose any of the Confidential Information for any purpose at any time, other than for the limited purpose of performance under this Agreement. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for two (2) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.

13. ADDITIONAL TERMS FOR DOMAIN REGISTRATION AND ADMINISTRATION

In addition to the applicable terms above, the following terms apply specifically to SiteGate.Net's Domain Registration and Administration Service where different from Sections 1-12.

A. Domain Name Registration, Administration, and Renewal Services

SiteGate.Net currently provides the SiteGate.Net Services through services provided by a registrar accredited through the Internet Corporation for Assigned Names and Numbers ("ICANN") for the .com, .net and .org top-level domains. ICANN oversees the .com, .net, .org, .biz, .info, and .us top-level domains ("TLDs"). SiteGate.Net accepts applications to register and renew domain names with .com, .net, .org, .biz, .info, and .us TLDs in Roman-alphabet languages.

Upon accepting your application to register or renew a domain name with a .com, .net, .org, .biz, .info, or .us TLD, SiteGate.Net essentially acts as your sponsor for that application. All .com, .net and .org domain name applications will be processed through SiteGate.Net's registrar. The registration and renewal applications we process are not effective until the domain name registration or renewal information you provide us is delivered to the registry administrator for the .com, .net, .org, .biz, .info, or .us TLDs, as applicable, and the registry administrator puts into effect your domain name registration or renewal.

You acknowledge that you have read, understood and agree to be bound by all terms and conditions of ICANN's Uniform Domain Name Dispute Resolution Policy (the "UDRP"), as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference for all .com, .net and .org domain name registrations or renewals. This can be found on the WWW at http://www.icann.org/dndr/udrp/policy.htm.

B. No Guarantee of Registration or Renewal

You acknowledge and agree that SiteGate.Net does not guarantee that you will be able to register or renew a desired domain name, even if an inquiry indicates that domain name is available, since SiteGate.Net cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS databases. You further acknowledge and agree that SiteGate.Net may elect to accept or reject your application for registration or renewal for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration or renewal of a prohibited domain name. You also acknowledge and agree that SiteGate.Net is not liable or responsible in any way for any errors, omissions or any other actions by any registry administrator arising out of or related to your application for and registration of, renewal of, or failure to register or renew a particular domain name. You additionally agree to indemnify, defend and hold harmless SiteGate.Net and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to, your application for and registration of, renewal of, or failure to register or renew, a particular domain name.

C. The Customer Relationship

By submitting the domain name registration application to SiteGate.Net, you acknowledge and agree that you are a customer of SiteGate.Net for purposes of the SiteGate.Net Services. You further acknowledge that there is no customer relationship between you and SiteGate.Net's registrar created hereunder. You agree that upon termination of SiteGate.Net's relationship with its registrar, SiteGate.Net may, in its sole discretion, with the assistance of its legacy registrar transfer your domain name registration to a new registrar partner at no additional charge to you and that this Agreement will continue in full force and effect.

D. Your Representations

By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in connection with such application for registration, maintenance, or renewal are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. You agree and acknowledge that it is your responsibility to determine whether your domain name registration infringes or violates someone else's rights including, but not limited to, whether any foreign language translations of your domain name, infringe or violate someone else's rights.

E. Domain Name Registrant

SiteGate.Net considers the entity named as the administrative contact for the domain name at the time the controlling User name and password are secured to be the registrant of that domain name.

F. Fees; Renewals

As consideration for the SiteGate.Net Services, you agree to pay SiteGate.Net, upon submission of your domain name application, renewal application, or registrar transfer application to SiteGate.Net, the then-current fees set forth in the SiteGate.Net price schedule for such services. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, canceled or transferred prior to the end of your then-current registration term. SiteGate.Net reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion.

Your domain name application, renewal application, or registrar transfer request will not be submitted to SiteGate.Net's registrar until we receive actual payment of the registration, renewal, or transfer fee, or reasonable assurance of payment of the registration, renewal, or transfer fee from some other entity (such reasonable assurance as determined by SiteGate.Net in its sole discretion).

In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the registration, renewal, or registrar transfer fee, you acknowledge and agree that the registration shall be transferred to SiteGate.Net as the entity that has paid the registration, renewal, or transfer fee for that registration to the registry, and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate any such registration solely at our discretion, and subject to our receipt of the applicable registration, renewal, or transfer fee and our then-current reinstatement fee.

The administrative contact for a domain name will be notified at least thirty (30) days before a renewal fee is due. Unless you instruct otherwise by contacting SiteGate.Net, your domain name registration will be automatically renewed for a one-year registration term. In consideration for this automatic renewal, we will charge the credit card you used to secure the initial term of registration with us our then-current renewal fee. Should you wish to change either your billing information or the term of your renewal registration, you must do so at thirty (30) business days before the day that the domain name is due to expire by contacting SiteGate.Net, otherwise your credit card will be charged. If the credit card you used to secure the initial term of registration with us has expired or is otherwise invalid, we will notify you of this fact and give you with an opportunity to provide us with a valid credit card or other reasonable assurance of payment (such reasonable assurance as determined by SiteGate.Net in its sole discretion). If no such information is provided prior to the expiration date of the domain name, your domain name registration will not be renewed. At any time before the expiration of your domain name registration, you may renew your domain name by contacting SiteGate.Net.

G. Revisions and Additions to this Agreement

You acknowledge that the Internet, domain name system and the practice of registering and administering domain names are evolving, and therefore you agree that SiteGate.Net may modify this Agreement, as well as any additional rules or policies that are or may be published by SiteGate.Net, as necessary to comply with any ICANN-accepted policy, or with any other agreements that SiteGate.Net is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances. Your continued use of any domain name registered through SiteGate.Net shall constitute your acceptance of this Agreement as well as additional rules or policies that are or may be published by SiteGate.Net, each with the new modifications. If you do not agree to any of such changes, you may request that your domain name registration be canceled or transferred to a different domain name registrar. You acknowledge and agree that such cancellation or request for transfer will be your exclusive remedy and our sole liability if you do not wish to abide by any changes to this Agreement or any additional rules or policies that are or may be published by SiteGate.Net.

H. Use of Information

You hereby acknowledge and agree that, in connection with your use of certain of Services, you are required to provide certain information and to update promptly this information as needed to keep it current, complete and accurate. Except as set forth below, all other information that we may request from you in connection with domain name registration, administration, and renewal services is voluntary.

The information you are obligated to provide and keep current in connection with your use of SiteGate.Net's domain name registration, administration, and renewal services is the following: (i) your full name (or the name of the authorized person for contact purposes, if registration is for an organization, corporation or association), postal address, email address, voice telephone number, and fax number, if available (or if different, that of the domain name holder); (ii) the domain name being registered; and (iii) the name, postal address, email address, voice telephone number, and where available, fax number for the administrative contact, technical contact and billing contact for the domain name registration.

You acknowledge and agree that when you renew a domain name registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, the registration may not be renewed.

I. Additional Information Maintained

In addition to the information you provide (the "User Information"), SiteGate.Net may maintain records relating to any domain name application received by SiteGate.Net, as well as any domain name registered through, administered, or renewed by SiteGate.Net. We also maintain records relating to the SiteGate.Net Services that we provide to you. These records may include, but are not limited to: (i) the original creation date of a domain name registration, renewal, or request for service; (ii) the submission date and time of a registration or renewal application to us and by us to the proper registry; (iii) communications (electronic or paper form) constituting submissions, forwarding, modifications, or terminations of service and related correspondence between you and us; (iv) records of your account, including dates and amounts of all payments and refunds; (v) the IP addresses of the primary nameserver and any secondary nameservers for the domain name; (vi) the corresponding names of those nameservers; (vii) the name, postal address, email address, voice telephone number, and where available, fax number of the zone contact for a domain name; (viii) the expiration date of a domain name registration; and (ix) information regarding all other activity between you and us regarding your use of the SiteGate.Net Services (collectively, "Other Information"). To process your registration or renewal application, SiteGate.Net may provide the User Information and the Other Information to its registrar.

J. Obligations Relating to the Information You Provide

In the event that (i) in applying for the registration of a domain name you are providing information about a third party, or (ii) you license a domain name registered in your name to a third party, you hereby represent and warrant that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) that you have obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.

You acknowledge and agree that willfully providing inaccurate or unreliable information or willfully failing to update information promptly will constitute a material breach of this Agreement that will be sufficient basis for cancellation of your domain name registration. You further acknowledge and agree that your failure to respond for over fifteen (15) calendar days to inquiries by SiteGate.Net concerning the accuracy of contact details associated with your domain name registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.

K. Disclosure and Use of Information

You acknowledge and agree that SiteGate.Net may make available information you provide or that we otherwise maintain to such public or private third parties as applicable laws require or permit. SiteGate.Net may disclose personal information about Visitors or Members, or information regarding your use of the Services or Web sites accessible through our Services, for any reason if, in our sole discretion, we believe that it is reasonable to do so, including: to satisfy laws, such as the Electronic Communications Privacy Act, regulations, or governmental or legal requests for such information; to disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our Acceptable Use Policy or other user policies; to operate the Services properly; or to protect SiteGate.Net and our Members.

You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name or use of any SiteGate.Net Services (including any updates to such information), whether during or after the term of your registration of a domain name or other services. You further acknowledge that SiteGate.Net's registrar may use certain information provided by SiteGate.Net regarding your domain name registration or renewal application in a manner consistent with our registrar's terms of usage and user agreement. SiteGate.Net will only provide its registrar with that information necessary to process your registration. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of information provided by you by SiteGate.Net.

SiteGate.Net will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations that we describe in this Agreement.

L. Communications

Communications with SiteGate.Net are not private and may be published either in their entirety or in edited form at any time, at the sole discretion of SiteGate.Net.

M. Ownership of Data

You acknowledge and agree that SiteGate.Net owns all database, compilation, collective and similar rights, title and interests worldwide in our domain name and other proprietary information databases, and all information and derivative works generated from those databases. Additionally, you hereby grant to SiteGate.Net a nonexclusive, worldwide, perpetual, irrevocable, fully paid-up right and license to use in our business, however it evolves, including the rights to copy, distribute, display, perform, transmit, prepare derivative works from or otherwise use without restriction (other than as set forth in Section N of this Agreement) the following information: (a) the original creation date of a domain name registration, (b) the expiration date of a domain name registration, (c) the name, postal address, email address, voice telephone number, and where available fax number of the technical contact, administrative contact, zone contact and billing contact for a domain name registration, (d) any remarks concerning a registered domain name that appear or should appear in a WHOIS or similar database, and (e) any other information we generate or obtain in connection with the provision of the SiteGate.Net Services. SiteGate.Net does not have any ownership interest in your specific personal registration information or other information other than our rights in our domain name database, as set forth in this Section M.

N. Agents and Licenses

You agree that, if you are using the SiteGate.Net Services for someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein. You accept liability for harm caused by wrongful use of the SiteGate.Net Services. You agree that if you license the use of a domain name registered in your name to a third party, you nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration. As further required by ICANN, you shall accept liability for harm caused by wrongful use of the domain name, unless you promptly disclose the identity of the licensee to a party providing you with reasonable evidence of actionable harm.

O. System Performance Degradation

SiteGate.Net's delivery of the SiteGate.Net Services depends upon its computer system and the computer system of its registrar, both of which are responsive to the demands of the domain name registration process. Occasionally, SiteGate.Net's computer system or its registrar's computer system are subjected to exceptional volumes of incoming domain name registration requests, electronic mail messages, and/or WHOIS queries that result in significant degradation of SiteGate.Net's or its registrar's system processing and response time. Regardless of the reason, in those instances when there is system performance degradation as the result of an extremely large volume of incoming electronic messages, SiteGate.Net reserves the right, in its sole discretion, to filter or block electronic messages originating from the identified sources of the high-volume traffic. SiteGate.Net will selectively restore service after system performance returns to normal limits, provided that such restoration does not result in an adverse impact on the system. SiteGate.Net further reserves the right to permanently filter or block repeated sources of high volumes of electronic traffic.

P. Limitation of Liability

YOU AGREE THAT SITEGATE.NET WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) SUSPENSION, LOSS, OR MODIFICATION OF YOUR DOMAIN NAME REGISTRATION, (b) USE OF YOUR DOMAIN NAME REGISTRATION, (c) INTERRUPTION OF BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) ACCESSED BY THE DOMAIN NAME REGISTERED IN YOUR NAME, (e) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (f) EVENTS BEYOND SITEGATE.NET'S REASONABLE CONTROL, (g) THE PROCESSING OF YOUR DOMAIN NAME APPLICATION OR OTHER SERVICE APPLICATION, OR (h) APPLICATION OF ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION) ADOPTED POLICIES. SITEGATE.NET ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, MULTIPLE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF SITEGATE.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SITEGATE.NET'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SITEGATE.NET SERVICES, BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS ($500.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Q. Indemnification

You agree to defend, indemnify and hold harmless SiteGate.Net for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, or demand related to (i) your use of the SiteGate.Net Services, including, but not limited to, your application for registration, registration, or renewal of any domain name registered in your name, and (ii) your use of any domain name registered in your name. This indemnification is in addition to any indemnification required under the UDRP or any similar policy.

R. Representations and Warranties

YOU REPRESENT THAT, TO THE BEST OF YOUR KNOWLEDGE AND BELIEF, NEITHER THE REGISTRATION OF THE DOMAIN NAME YOU HAVE APPLIED FOR NOR THE MANNER IN WHICH IT IS INTENDED TO BE OR IS DIRECTLY OR INDIRECTLY USED INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY. YOU FURTHER REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR USE OF THE SITEGATE.NET SERVICES IS ACCURATE AND CURRENT. THE SITEGATE.NET SERVICES ARE PROVIDED TO YOU "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SITEGATE.NET SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, SITEGATE.NET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU.

S. Suspension, Cancellation, Transfer or Modification

You acknowledge and agree that SiteGate.Net may suspend, cancel, transfer or modify your use of the SiteGate.Net Services at any time, for any reason, in SiteGate.Net's sole discretion. You also acknowledge and agree that SiteGate.Net may suspend, cancel, transfer or modify your domain name registration if (a) you materially breach this Agreement (including any applicable additional rule or policy) and do not cure such breach within five (5) calendar days of notice by SiteGate.Net, (b) you use the domain name registered to you to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or (c) you use your domain name in connection with unlawful activity. You further acknowledge and agree that your domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to your domain name registration, including, but not limited to (i) the UDRP, (ii) any ICANN-adopted policy, (iii) any registrar or registry administrator procedures, or (iv) any other ccTLD registry administrator procedures. You also agree that SiteGate.Net shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify your domain name registration at such time as SiteGate.Net receives (x) a properly authenticated notification from a court of competent jurisdiction, or (y) an arbitration award requiring the suspension, cancellation, transfer or modification of your domain name registration.

T. Jurisdiction

Except as otherwise set forth in the UDRP or any similar ccTLD policy with respect to any dispute over your domain name registration, this Agreement is governed as stated in Section 12. Notwithstanding the foregoing, for the adjudication of disputes concerning or arising from use of domain names registered hereunder, you acknowledge and agree that you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (a) of the domain name holder's domicile, and (b) where SiteGate.Net's headquarters are located, currently Oxnard, CA.

U. Notices

You agree that, unless other instructions are posted on SiteGate.Net's Web site, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by certified mail, return receipt requested, or by Federal Express or other recognized overnight delivery service to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for SiteGate.Net posted on SiteGate.Net's Web site. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.

V. Location of Service

You agree and acknowledge that any acceptance of your application for the SiteGate.Net Services and the performance thereof will occur at our offices in Oxnard, CA, the location of our principal place of business.

W. No Waiver

The failure of SiteGate.Net to require your performance of any provision hereof shall not affect its right to require such performance at any time thereafter; nor shall the waiver by SiteGate.Net of a breach of any provision hereof be taken or held to be a waiver of the provision itself.