Terms of use
Silver Spruce Hosting will never require clients to advertise for Silver Spruce Hosting on their websites in any way, shape or form. Clients are allowed to use their sites for business/commercial or personal websites and content.
This document outlines the Terms of Service and Acceptable Use Policy between:
1 . Silver Spruce Hosting
and
2. You (the customer), with the details/data provided on the order/registration page
Content
All services provided by Silver Spruce Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States Federal, State, or City law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, “adult only” content material, or material, protected by trade secrets and other statute.
Note: Pornography and sex-related merchandising are prohibited. This includes sexual content or direct links to adult content hosted elsewhere. Sites promoting any illegal activity, violence, or content that may be damaging to our servers or any other server, or links to such sites are also prohibited. Examples of non-acceptable content or links are:
- Pirated software or copyrighted MP3 files
- Hacking Tools
- Warez sites
- Adult content (in any form)
- Spamming Software
- Web-based shells
Silver Spruce Hosting will be the sole arbiter as to what constitutes a violation of this provision.
Disk Space
Silver Spruce Hosting will monitor the customer’s disk usage and if it exceeds the usage agreed upon, Silver Spruce Hosting shall have the right to take corrective actions. Such corrective actions may include assessment of additional charges or suspension of service.
File Sharing Services
Anonymous file sharing services are not allowed on any of our servers.
File sharing services are allowed on VPS servers, as long as they do not support anonymous uploads. For shared servers, file sharing services are allowed for personal and business use only. Silver Spruce Hosting reserves its right to revise the operation of each file sharing service run on a shared hosting account, and refuse service for it, if deemed necessary.
New orders and delivery policy
When a client orders and pays for a hosting service, Silver Spruce Hosting will process the order and send the necessary service management details via email to the provided client contact address(es) within one hour of receiving a payment confirmation from the payment processor.
When a client orders and pays for a domain registration, Silver Spruce Hosting will process the order and send the domain registration request to the domain registrar within one hour of receiving a payment confirmation from the payment processor. Silver Spruce Hosting will send the necessary service management details via email to the provided client contact address(es) within that time frame. The time it takes the domain registrar to process and complete the domain registration request is beyond Silver Spruce Hosting’s control and depends solely on the registrar.
Silver Spruce Hosting will not be held responsible for any delay or failure to provide a service due to problems affecting any network/system/application beyond Silver Spruce Hosting’s control. Problems that may result in a delayed or failed service delivery include but are not limited to:
– delayed or missing payment confirmations due to issues at the payment processor and their systems;
– delayed or failed domain registrations due to issues at the domain registrar and their systems;
– any delays or system communication failures caused by issues at Internet/DNS/network providers.
Silver Spruce Hosting will not be held responsible for any undelivered, filtered, or lost service-related emails due to:
– restrictive filtering rules at the receiving server/mailbox;
– mis-configured third-party mail servers;
– network issues affecting the mail communication;
– inadvertent loss/deletion of emails by the client.
Silver Spruce Hosting Account Panel
By placing an order through the website (“www.SilverSpruceHosting.ca”), a customer account will be created for the client, giving access to a service management interface – “Silver Spruce Hosting Account Panel”, which allows management and control of services purchased from Silver Spruce Hosting.
Refund Policy
For shared hosting services with annual billing, Silver Spruce Hosting offers an unconditional 100-day money-back guarantee. If the customer wishes to cancel a hosting account on a shared server within the initial 100-day period for any reason, he/she/they has to notify Silver Spruce Hosting by e-mail at info@SilverSpruceHosting.ca, and the payment will be refunded. Since all domain registrations are irreversible and non-refundable, they will be subject to an annual registration fee for a separate/standalone domain, according to the Domain pricing list. Therefore, if the customer purchased a hosting account with a domain registration, the domain registration fee will be deducted from the refund amount. As the customer is the sole owner of the registered domain name, arrangements can be made to transfer its registration to another provider.
For hosting services with monthly billing, Silver Spruce Hosting offers a 15-day money-back guarantee, for the initial term of service only.
No partial or prorated refunds are offered after the initial money-back guarantee period.
If a customer disputes a setup / renewal charge for any account, Silver Spruce Hosting will not re-activate the service, unless the customer covers all fees involved, including the chargeback fee and any other transaction fees.
Accounts terminated due to policy violations will not be refunded.
The purpose of the money-back guarantee is to allow customers enough time to test Silver Spruce Hosting hosting services, and/or to be able to reverse possible erroneous payments. Silver Spruce Hosting reserves the right to refuse cancellation requests, in cases of a repeating abuse of the money-back guarantee policy – e.g. opening and refunding an account and then opening it again, or making too many cancellation requests for the mere purpose of using a free hosting service.
Account Renewal Policy
Silver Spruce Hosting does not renew accounts automatically. For the customer’s convenience, Silver Spruce Hosting will send renewal reminders to the contact email address on file for the corresponding hosting account. The customer is ultimately responsible for renewing the hosting account through one of the options given by Silver Spruce Hosting.
The schedule of these reminders and the events related to the expiration of various services are described on the Hosting Services Expiration and Renewal page.
Customers are not allowed to open a second hosting account for a domain that is already hosted through Silver Spruce Hosting. If the customer wants to continue hosting the specified domain with Silver Spruce Hosting, he/she needs to renew the account using one of the renewal options given by Silver Spruce Hosting.
Domain registration policy
The pricing of the domain registration services with Silver Spruce Hosting are defined in the Domain pricing list..
If you register domain(s) with Silver Spruce Hosting, or transfer an existing domain registration, you must be acquainted with the Registration Agreement of Enom Inc.: http://www.enom.com/terms/agreement.asp
By registering/transferring a domain at Silver Spruce Hosting, you confirm that you have read and you agree with the Registration Agreement of Enom Inc.
Registrant Verification
Per ICANN regulations, the registrant contact details of domain names may require verification. If the contacts were not previously verified for a domain name, a verification message will be sent to the registrant email address(es). The owner will need to follow a verification link within 15 days to avoid disruption of the domain service.
Dispute resolution policy
In case of ownership dispute, Silver Spruce Hosting reserves the right to be the sole decision maker in settling the dispute. There are several guidelines, based on which Silver Spruce Hosting will decide who is the rightful owner of the disputed hosting account or domain name:
- By default, Silver Spruce Hosting will grant ownership to the person who paid for the hosting account. If the purchase was made by credit card or PayPal, the holder of the respective credit card or PayPal account will be considered the owner. If the purchase was made by Western Union, bank transfer, or some other similar way, the respective sender of the funds covering the purchase of the account will be considered the owner. Silver Spruce Hosting reserves the right to confirm the identity of the owner by contacting him/her/they by e-mail or telephone, in the same order of preference.
- If the identity of the credit card holder or the sender of the funds as discussed above cannot be confirmed, Silver Spruce Hosting will attempt to determine the owner in other ways, which include but are not limited to investigation of log files, investigation of the content hosted under the respective hosting account or domain name, and investigation of the sequence of annual payments for the disputed service.
- In case of death or serious disability of the original owner that prevents him/her/they from continuing to manage the hosting account or the domain name purchased, Silver Spruce Hosting may grant ownership to another person or organization, if enough proof is presented about the original owner's condition and based solely upon the investigation that Silver Spruce Hosting will undertake about this issue.
- Silver Spruce Hosting will consider a court decision overruling in case of ownership dispute and will always comply with such a decision.
Lost login information policy
In case the customer has lost the hosting account or domain name login information, he/she/they can request it to be sent to the contact e-mail address for the respective service.
If the contact e-mail address is outdated or incorrect, the customer should contact info@SilverSpruceHosting.ca to request an investigation of the issue. In this case, the dispute resolution policy may be applied.
Traffic guidelines
Accounts that reach their monthly traffic limit may be a subject of automatic site suspension. Also, any accumulated traffic over the monthly limit will be charged additionally in accordance with the characteristics of the plan purchased. If a site is suspended under this provision, and the hosting account is in good standing, the site will be enabled on the first date of the next month, when the traffic counter is reset. In case of failure to cover fees incurred by traffic over-usage, Silver Spruce Hosting reserves the right to take corrective actions such as full suspension of the hosting account. In case Silver Spruce Hosting takes corrective actions under this provision, the customer shall not be entitled to a refund of any fees paid in advance.
Chat Rooms
Running and linking to IRC servers or IRC bots and clients such as Eggdrop, BitchX, ircii, etc., is strictly prohibited.
Background running programs
Programs running in the background are not allowed on shared hosting servers.
Resource usage
To maintain the integrity of our shared hosting services, we have several special per-user resource limits in place. These include, but are not limited to:
- Memory limitations: Customers using shared hosting services will be able to use only a certain portion of the total available memory on the server.
- CPU usage limitations: Scripts that take too much real CPU time will be terminated. Shared hosting accounts have a soft limit on the number of minutes they can use per day. You can see the limits for each hosting plan on the Hosting Features page.
- Simultaneous script execution limitations: Customers will be able to run only a certain amount of CGI scripts simultaneously. Whenever this limitation is triggered, execution of subsequent CGI script requests via the web will produce an error message.
- MySQL disk usage limitations: Shared hosting plans involve a limit to the total size of MySQL databases, according to the Hosting Features page. Although this limit is soft, in cases in which the integrity of the MySQL service is endangered, accounts with MySQL disk usage over the limit may be restricted.
- Number of inodes limitation: The total number of files, folders, and email messages in a single shared hosting account should not exceed 500,000.
- Number of vhosts limitation: The number of vhosts is determined by several factors, including the number of parked domains on the account, the number of the created subdomains, assigned IP addresses, and installed SSL certificates. Customers with a large number of vhosts (over 1000) might be contacted and asked to reduce their number.
- MySQL connections limit: Each MySQL user cannot exceed a certain number of connections to the MySQL server.
- Mailbox usage: Each mailbox on a shared server is limited to a certain disk space and number of inodes, according to the hosting account plan.
Silver Spruce Hosting reserves the right to alter the above limitations and to place additional limits without prior notice if an account endangers the stability or the performance of the hosting server due to intensive resource usage. The additional limits may include, but are not limited to MySQL, memory and CPU usage limitations, and stopping access to directories.
Multi-domain hosting
Each hosting account on Silver Spruce Hosting servers is meant to be used for one domain, or multiple domains according to the hosting plan. Parked domains are full aliases of the main domain – they display the same site content and share the same mailboxes. If the hosting package does not allow multi domain hosting, pointing parked domains to subfolders or subdomains on the account through .htaccess files or other means is not allowed.
Proxy, VPN software and redirection services
We do not allow running of proxy and VPN software on our servers. Sites offering shortening URL services are not allowed as well.
Distribution and/or transmission of obscene or indecent speech or materials
Violation of indecency and obscenity laws can result in criminal penalties.
Published content
The customer may not host material that is:
- threatening or obscene;
- offensive to any person or group. This includes, but is not limited to: prejudice, racism, intolerance, hatred, and harassment; expressions that are by nature libelous, defamatory, and offensive to or disrespectful of ethnic, racial, religious, or other groups;
- harmful to minors;
- likely to cause damage to reputation of third parties.
Note: Defamatory speech distributed over the Internet can result in civil liability for the defamer.
Account content ownership
The content of the hosting account is considered to be a property of the customer. The customer retains ownership on all data that he/she/they uploads to the hosting account. Silver Spruce Hosting will not use the data on the hosting account for any other purpose than for the provision of the hosting service itself. Silver Spruce Hosting will not provide hosting account data to any third parties, unless this is required by law, or the customer has agreed upon this.
As an owner of the hosting account data, the customer is solely responsible for the content of the account, including its security. Silver Spruce Hosting reserves its right to block access to any content that may be threatening the security of the hosting service, the data of other customers on the servers, or Silver Spruce Hosting’s reputation. Silver Spruce Hosting reserves its right to judge as to what content is considered threatening and is a subject of this rule.
Intellectual property rights
Materials, accessible to the customer through Silver Spruce Hosting’s services, may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when exclusively permitted by the owner of such rights, the customer may not use Silver Spruce Hosting’s services in a manner that would infringe, violate, dilute, or misappropriate any such rights, with respect to any material, which the customer accesses or receives through Silver Spruce Hosting’s network. If the customer uses a domain name in connection with Silver Spruce Hosting’s service, he/she/they may not use that domain name in violation of any third-party trademark, service mark, or similar rights.
When using Silver Spruce Hosting’s services, the customer retains all intellectual property rights on their own content, trademarks, and any other data related to the site/account content. Silver Spruce Hosting will use this content/data/trademarks only for the provision of the hosting service unless other actions are required by law.
Network security
Customers may not use Silver Spruce Hosting’s network in an attempt to circumvent user authentication or security of any host, network, or account. This includes but is not limited to: accessing data not intended for the customer, logging into a server or account the customer is not exclusively authorized to access, password cracking, probing the security of other networks in search of weaknesses, or violation of any other organization’s security policy. Customers may not attempt to interfere or deny service to any user, host or network. This includes, but is not limited to: flooding, mail bombing or other deliberate attempts to overload or crash a host or network. Silver Spruce Hosting will fully cooperate with investigations of violations of systems or network security. This also includes cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
Spam or unsolicited e-mail
The customer may not use Silver Spruce Hosting’s network, Silver Spruce Hosting’s equipment, or Silver Spruce Hosting’s e-mail service in connection with the transmission of spam, flames, mail bombs, or similar unsolicited e-mail messages. The customer’s domain may not be referenced as originator, intermediary or reply-to address in any of the above. This prohibition fully extends to sending of unsolicited mailings from another service that in any way mentions your domain name or implicates the use of the Silver Spruce Hosting’s network, Silver Spruce Hosting’s equipment, or Silver Spruce Hosting’s e-mail services. A message is considered unsolicited if it is posted in violation of a newsgroup charter, or if it is sent to a recipient without his/her/their prior consent. For purposes of this provision, merely making one’s e-mail address accessible to the public will not constitute a request or invitation to receive messages.
In case sufficient evidence is presented about any violation of this provision, Silver Spruce Hosting reserves the right to disable the customer’s account without prior notice. For the purpose of acquiring such evidence, Silver Spruce Hosting will use various techniques, including but not limited to: closely inspecting all spam reports, searching the logs of Silver Spruce Hosting’s mail servers, and scanning the server space for popular “spamming” applications. Silver Spruce Hosting will be the sole arbiter as to what would be considered sufficient evidence.
Abuse
Any attempts to undermine, slander, libel, threaten or cause harm to Silver Spruce Hosting’s customers, employees and property, or to the company directly, is grounds for immediate termination without refund. In addition, any such attempts will be prosecuted to the fullest extent of the law.
Abuse of promotion rules
Silver Spruce Hosting may conduct promotions on certain type of services – new purchases, upgrades, renewals, transfers. Attempts to use promotions or promotional codes for a type of service other than the one the promotion is specified for, is considered an attempt to abuse the rules of the promotion, and this is grounds for termination of all hosting accounts related to the abused service.
Indemnification
Customer agrees to indemnify, defend and hold harmless, Silver Spruce Hosting, its subsidiaries and other affiliated companies, its officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use.
Refusal of service
Silver Spruce Hosting reserves the right to refuse hosting for insecure applications that could be, for instance, utilized by an attacker to gain unauthorized access to the server and/or execute applications with the privileges of the customer that has uploaded the insecure application in question. Customers are responsible for keeping their applications up-to-date, checking for security issues with the application vendor, and updating to the latest secure version that is available. In the event that an insecure application is installed on the hosting account of the customer, Silver Spruce Hosting reserves the right to disable access to it, or, if deemed necessary, to the hosting account in its entirety. This will be with the exclusive purpose of preventing damage to the customer and to the other customers hosted on the same server, and may be done with or (in case of emergency) without prior notice.
Silver Spruce Hosting reserves the right to impose restrictions or fully suspend any of the services provided to customers, in case the operation of these services threatens the overall security and stability of the hosting system, and/or the proper operation of other customers’ accounts/services.
Silver Spruce Hosting reserves the right at its sole discretion to refuse or cancel service. Violation of any of Silver Spruce Hosting’s Terms could result in a warning, suspension, or account termination. Submitting fake personal information can also be grounds for suspension or termination.
WHOIS privacy terms
The domain WHOIS privacy feature replaces the data in the WHOIS output of your domain with details of SureSupport.com. You are still the owner of the domain name, and you can turn off the WHOIS privacy feature at any time.
- Delivery of emails: With WHOIS privacy feature enabled, all email addresses (Registrant, Administrative, Technical, Billing) will be replaced with a randomly generated email address @privacy.suresupport.com. This email address will forward all messages sent to the WHOIS contacts to your official registrant email address.
- Delivery of regular mail: We do not guarantee the proper delivery of regular mail and packages sent to the WHOIS privacy address. We may review the deliveries and contact you about them only if we find it necessary.
- Escrow of the details of the official domain owner: When the WHOIS privacy feature is enabled, your own contact information will NOT be escrowed.
- Editing domain contacts: If you use WHOIS Protection, you must edit the domain data only through Silver Spruce Hosting's interfaces. Editing domain contacts through another interface (for example, at the domain registrar) may lead to unpredicted issues with the contact information.
- WHOIS verification with Private WHOIS: Each enabling or disabling of the Private WHOIS service, as well as each generation of new privacy email, may require a verification of the WHOIS data, as per ICANN regulations. A verification message will be sent to your real registrant email address, and you need to follow the verification link in it within 15 days, to avoid disruption of the domain service.
Raw access logs retention policy
Raw access logs of the web server and the FTP server may count or not count towards the disk space of the hosting user, depending on the type of hosting service (shared/VPS).
In case the raw access logs are not counted towards the disk space of the hosting user, the logs will be kept on the server for two years. HTTP and FTP log files older than two years will be automatically removed from the server.
Hosting service for educational institutions
Hosting plans with the name “Educational Institutions” are provided to educational institutions only. Examples of educational institutions are: primary, intermediate, or high schools, colleges, universities, which provide formal education, as well as their functional equivalents in various countries. The user/owner of the provided hosting service is the legal entity that manages the respective educational institution, and not an employee, educator, or student that is a part of the educational institution. The site/services on the account are meant to be used for the official purposes of the respective educational institution – e.g. their official website.
Silver Spruce Hosting keeps the right to decide at its own discretion whether a user that applies for an educational hosting service is an educational institution or not, as well as whether the account is used for official purposes of the educational institution.
Site Migration terms
Site Migration is a service provided by Silver Spruce Hosting to its customers and represents a physical moving of site data from a previous hosting provider and initial site configuration on Silver Spruce Hosting servers. The Site Migration service is available one time, during the first 100 days of a new subscription contract. The service includes the moving and configuration of one or more websites (depending on the hosting plan), with the associated site database(s).
The customer must request the service through a support ticket through the hosting control panel. Prior to initiating the migration, Silver Spruce Hosting may request from the customer additional information, that may include information about the site and login credentials. To be able to use the service, the customer must provide one of the following:
- he site data itself, non-encrypted or with the proper credentials to decrypt it. The MySQL database should be in an .sql or another text format, and not binary data.
- credentials to access the site data on a remote server, with FTP/cPanel/SSH access. These credentials will be used by Silver Spruce Hosting only for obtaining the data and nothing else.
- the site content, design, and scripts are free of copyright claims. Before initiating a migration request, the customer must ensure that he/she/they has full ownership of the data to be moved, or has the needed permissions to have the data moved to Silver Spruce Hosting's services.
In case the data is on a remote server, but it is damaged,
not accessible, or not usable for any other reason, Silver Spruce Hosting will
not initiate communication with the party managing this remote server. Instead,
Silver Spruce Hosting will contact the customer with the status of their site
migration, and the actions that the customer must take.
The Site Migration service does not guarantee the operation of the site on Silver
Spruce Hosting servers. The site files and database will be transferred as they
are, and Silver Spruce Hosting representatives will attempt to configure the site
to work on Silver Spruce Hosting servers. The site must be compatible with the
technologies offered on Silver Spruce Hosting servers, should be secure as per
section “Refusal of service” of these Terms, and should not be
limited to a certain hosting service.
Silver Spruce Hosting cannot guarantee a successful migration. Differences in
server technologies, legal matters, or other impediments may prevent Silver
Spruce Hosting from starting, or completing the site migration service.
Email migration and domain configuration are not considered a part of the Site
Migration service. Email migration is possible under certain circumstances,
given that email data is provided in a specific format (cPanel, Maildir).
Domain configuration/repointing might be possible only if the domain name is
registered by Silver Spruce Hosting.
Silver Spruce Hosting does not bear any liability for the downtime of the site
during the site migration or for losses incurred by non-operation of the site
during and after the migration.
Advanced Security
Advanced Security is a complex service that includes several other services which may include daily malware scanning, malware removal and cleanup, blacklist removal, security auditing, investigation, and reporting, as well as regular file change monitoring, protection from common attack vectors and known security exploits, quarantined backups, and other relevant services.
The Advanced Security service is provided “as is”, without warranty of any kind. In particular, we cannot guarantee that the service will prevent initial or subsequent malware infection of the covered site. We will make reasonable efforts to perform these services for a covered website and restore it to a working state on a best-effort basis. If we are unable, for any reason, to clean up the site from malware, we will refund any fees paid for the service.
A customer may request that we clean up their site from malware as many times as needed, as long as all security recommendations presented by our team after a cleanup are followed.
The service is applicable to one website, where a website is defined as a single software application with a single database, or a software application with a single administration interface, running in one hosting account.
Our 100-day money-back guarantee applies to the Advanced Security service, as long as one of the following conditions are met:
- No site cleanup requests have been submitted as part of the service;
- We have been unable to clean up the website from malware or restore it to a working state.
Extended Backups
Extended Backups is a paid service upgrade which provides 12 months of extra backups for a hosting account. Extended backups start accumulating after the customer purchases the upgrade. With the Extended Backups service, all account data gets backed up on the 1st and 15th day of each month, and each backup is kept for 12 months on a separate server.
The Extended Backups service is covered by the Silver Spruce Hosting unconditional 100-day money-back guarantee. If the customer wants to cancel this service within the 100-day period, they need to notify Silver Spruce Hosting by e-mail at info@SilverSpruceHosting.ca or via а ticket posted through the Silver Spruce Hosting Account Panel.
Disclaimer: Silver Spruce Hosting cannot guarantee the integrity of the backups and the data they contain. Reasons for inconsistent/broken backups include but are not limited to: incorrectly stored/broken user files, accounts near or exceeding their disk space and/or inodes quota, accounts that affect the stability of the backup system, system failures, force majeure.
Scheduled Server Maintenance Policy
Our major server maintenance events are announced on our Maintenance Schedule page within a reasonable time frame. Our maintenance windows are as follows:
-
03:00 - 07:00 server time on Saturday and Sunday mornings for standard maintenance events.
- 03:00 - 04:00 server time on weekdays for urgent maintenance events that cannot be deferred to the weekend maintenance window due to events that may hinder the stability of the hosting service.
Outages within the weekday maintenance periods are not expected to exceed 15 minutes. If they do, this will be reflected in the uptime statistics.
Major maintenance events that affect all servers are scheduled for the weekend unless they are urgent, and their deferral may compromise the security or stability of the hosting servers.
Urgent maintenance events may occur at any time. Outages due to maintenance events conducted outside the maintenance windows listed above will be reflected in the uptime statistics.
Governing Law and Jurisdiction
For services with specific location (eg. hosting), the legislation of the country which the service is provided in would be supplemental to the governing law. With regard to possible conflicts of laws or principles, any such conflicts are to be decided according to the primary governing law.
Disclaimer
Silver Spruce Hosting, at its sole discretion, may change these terms and conditions at any time. By using Silver Spruce Hosting’s services, the user agrees that Silver Spruce Hosting may: (1) revise these terms and conditions; and (2) change the services provided. Any such revision or change will be binding and effective immediately on posting of the revised terms or change to the service(s) on Silver Spruce Hosting’s web site, or on notification to the customer by e-mail. The customer agrees to periodically review Silver Spruce Hosting’s web site, including these terms, to get informed of any such revisions. If the customer does not agree with any revision, he/she may terminate the services at any time by notifying Silver Spruce Hosting by e-mail or via a ticket posted through the (Silver Spruce Hosting Account Panel). Notice of the customer’s termination will be effective on receipt and processing by Silver Spruce Hosting. The customer agrees that, by continuing to use Silver Spruce Hosting’s services following notice of any revision to this Agreement or change in service(s), he/she abides by any such revisions or changes.
The content available through this site is the sole property of Silver Spruce Hosting and is protected by patent, copyright, trademark, and other intellectual property laws. Except as otherwise explicitly agreed in writing, Silver Spruce Hosting-owned content received through this site may be downloaded, displayed, reformatted, and printed for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through this site to anyone, including but not limited to others in the same company or organization without Silver Spruce Hosting’s express prior written consent.
Limited Liability
THE CUSTOMER AGREES THAT SILVER SPRUCE HOSTING SHALL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATION SERVICES AND WEB HOSTING SERVICES, (2) USE OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION DOMAIN NAME REGISTRATION SERVICES AND WEB HOSTING SERVICES, (3) INTERRUPTION OF SILVER SPRUCE HOSTING’S SERVICES OR INTERRUPTION OF THE CUSTOMER’S BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO SILVER SPRUCE HOSTING’S WEB SITE(S) OR SERVICE(S) OR DELAYS OR ACCESS INTERRUPTIONS THE CUSTOMER EXPERIENCES IN RELATION TO THE SERVICES OFFERED BY SILVER SPRUCE HOSTING; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND SILVER SPRUCE HOSTING’S CONTROL (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF THE CUSTOMER’S ACCOUNT; OR (8) APPLICATION OF THE DISPUTE POLICIES. SILVER SPRUCE HOSTING ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, 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 SILVER SPRUCE HOSTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SILVER SPRUCE HOSTING’S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER FOR THE DISPUTED SERVICE, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, SILVER SPRUCE HOSTING’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.