SITEBYNITE.COM website packages are available in quarterly or by request, annual term lengths.
All website hosting features and restrictions will be provided as needed and are subject to change at anytime.
All services provided by IDENTITY DEVELOPMENTS on the SITEBYNITE.COM website 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 IDENTITY DEVELOPMENTS judges to be threatening or obscene, unlicensed software or files, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless IDENTITY DEVELOPMENTS from any claims resulting from the use of the service which damages the MEMBER or any other party.
Examples of non-acceptable content or links:
IDENTITY DEVELOPMENTS will be the sole arbiter as to what constitutes a violation of this provision.
Templates and all graphics associated with SITEBYNITE.COM templates are the property of IDENTITY DEVELOPMENTS and may not be used for any purpose other than through your SITEBYNITE.COM website.
IDENTITY DEVELOPMENTS is pleased to offer our MEMBERs unlimited traffic/hits, and server usage. Unlimited Traffic/Hits refers to the number of visitors to your website, NOT the amount of bandwidth/data transfer. Your account is still limited to the allotted bandwidth/data transfer included with your selected package. To maintain the integrity of our service the following traffic/usage limitations apply.
If you do not qualify for unlimited traffic/hits, your account may be required to be upgraded. IDENTITY DEVELOPMENTS will be the sole arbiter as to what constitutes a violation of usage limitations. Bandwidth/data transfer will go unmonitored until you reach your account limit, then normal over-usage data transfer costs will apply.
Spamming, or the sending of unsolicited email, from an IDENTITY DEVELOPMENTS server or using an email address that is maintained on an IDENTITY DEVELOPMENTS machine is STRICTLY prohibited. For general reference, we consider spam any email that is sent to more than 10 people at a time that did not ask for it to be sent to them. IDENTITY DEVELOPMENTS will be the sole arbiter as to what constitutes a violation of this provision. Opt-In email is acceptable, as long as Opt-Out/Removal request are fully honored. Please make an effort to limit outgoing mail on your account to no more than 1000 pieces per day and no more than 20 pieces per minute. Large mailings are preferred to be sent from the hours of 12AM - 8AM CST. Sites with large mailing databases should arrange for third-party mailing services.
Any attempts to undermine or cause harm to an IDENTITY DEVELOPMENTS server or customer of IDENTITY DEVELOPMENTS is strictly prohibited. IDENTITY DEVELOPMENTS will pursue legal action to the fullest extent for all abuse of the IDENTITY DEVELOPMENTS service.
If any terms or conditions are failed to be followed it will result in grounds for account suspension or de-activation. IDENTITY DEVELOPMENTS reserves the right to remove any account without prior notice. If IDENTITY DEVELOPMENTS deactivates your account(s) for violating policy, you will forfeit your rights to a refund. No refunds for advance payments, on de-activated accounts. Serious offenses may cause immediate de-activation.
IDENTITY DEVELOPMENTS strives to maintain your site's accessibility. There may be circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (i.e., fire, flood, earthquake, tornado, etc...), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of service.
30 day notice in writing or via email is required for cancellation. Other methods of cancellation are not valid. Refunds are made based on a pro-rated term, less the 30 day cancellation period. If additional payment is due, this shall be payable within ten (10) days of the MEMBER's notification to cancel. The MEMBER shall assume responsibility for all collection of legal fees necessitated by default in payment.
Any disputes in excess of $1,000 (or the maximum limit for small claims court) arising out of this CONTRACT shall be submitted to binding arbitration before the Joint Ethics Committee or a mutually agreed-upon Arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator's award shall be final, and judgment may be entered in any court having jurisdiction thereof. The MEMBER shall pay all arbitration and court costs, reasonable attorney's fees and legal interest on any award or judgment in favor of IDENTITY DEVELOPMENTS.
Members are required to prepay all fees, based on the available terms set forth. In the case of ongoing services, invoices are due prior to the expiration of your current service term. Any services not paid for prior to expiration will be canceled, and applicable fees regarding notice of cancellation will be assessed. In case collection proves necessary, the MEMBER agrees to pay all fees incurred by that process.
This CONTRACT constitutes the sole agreement between IDENTITY DEVELOPMENTS and the MEMBER regarding its website hosting service. Purchase of a SITE BY NITE website package constitutes acceptance. This CONTRACT shall be governed and construed in accordance with the laws of the State of Wisconsin. The parties agree that if any part, term, of provision of this Agreement shall be found illegal or in conflict with any valid controlling law, the validity of the remaining provisions shall not be affected thereby. The MEMBER agrees that for purposes of venue, this CONTRACT was entered into in Dane County, Wisconsin, and any dispute will be litigated or arbitrated in Dane County, Wisconsin.