Terms of Service

1. Personal Information

We take your privacy very seriously, and as such, will not sell your personal information to third party (other than a company that may purchase Seanic), and will take reasonable steps to keep it from being disclosed to any third party. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. It is your responsibility to ensure the email address on file is up to date at all times. Seanic is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account.

2 . Your Content

All services provided by Seanic may only be used for lawful purposes. The laws of the State of Florida, the State of Texas, and the United States of America apply. You are solely responsible for providing all of the content and other data that make up your website. The customer agrees to indemnify and hold harmless Seanic from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another's' copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@seanic.net with the relevant information required If the request is of a licensing issue, we may require further documentation.

3. Transfers

Our transfers team will give their best effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and the saved data in incompatible format may be extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you due to circumstances beyond our control. The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.

4. Payment Information

You agree to supply appropriate payment for the services rendered from Seanic, in advance for the period during which such services are provided. You agree that until and unless you notify Seanic of your desire to cancel any or all services received, those services will be billed on a recurring basis. Invoice request can be made by sending the request to billing@seanic.net. Seanic clients are responsible to ensure that your payment information is up to date, and that all invoices are paid on time. Seanic reserves the right to bill your credit card or billing information on file with us for the renewal. Access to the account will not be restored until payment has been received. It is the customer's responsibility to notify our sales team via email at sales@Seanic.net after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and Seanic cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal. Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact sales@Seanic.net

5. Acceptable Use/Illegal Activity

Seanic strives to maintain a high-level of service, thus we will not provide services usage for the following purposes: Hacking, which includes, for example penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card "phishing" techniques are also prohibited. Hosting of files or other data that infringes on another's copyright or other intellectual property rights. Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort. Uploading or linking to any content that violates another's right of publicity or privacy. Distributing hate speech, or any other content that is obscene, abusing, which could be considered libelous and defamatory. Hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified. Hosting large amounts of data not specifically tied ("linked") to your hosting account. Seanic encourages users looking for file storage/backup solutions to seek other services that specialize in this. Using a shared account as a backup/storage device is not permitted Unacceptable material on all Shared and Reseller servers include but not limit to: IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited. Offering video and/or audio streaming or downloads, MP3 Files, Games and shareware is also not permitted on any Seanic server.

6. Our Services and Violation Rights

Seanic services, including all related equipment, networks and network devices are provided only for authorized customer use. Seanic systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Seanic system(s) constitutes consent to monitoring for these purposes. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Seanic may, at its discretion, request and require documentation to prove access to a third party network or system is authorized. We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours. If in doubt regarding the acceptability of your site or service, please contact us at abuse@Seanic.com and we will be happy to assist you. Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account. Direct customers: Your services will be terminated with or without notice. Violations will be reported to the appropriate law enforcement agency. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

7. Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. Seanic reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. Seanic reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Seanic.

8. Backups and Data Loss

Your use of this service is at your sole risk. Backup is done periodically as a courtesy to you however Seanic is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Seanic servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by Seanic Any file over 40MB in size will not be backed up onto our backup servers and in the event of server failure, will not be recoverable. Seanic shall not be responsible for any damages to the User Content, the User Web site or other damages or any malfunctions or service interruptions caused by any failure of the User Content or any aspect of the User Web site. User is solely responsible for making back-up copies of the User Web site and User Content. Seanic does not maintain backup copies of User Web sites or e-mail. Seanic cannot guarantee that the contents of a Web site will never be deleted or corrupted, or that a back-up of a Web site will always be available. Seanic strongly suggest that Users should always copy all content of a Web site to a local computer and make an additional copy on your own.

9. Resource Usage

User may not: Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers. Run any software that interfaces with an IRC (Internet Relay Chat) network. Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers. Participate in any file-sharing/peer-to-peer activities Run any gaming servers such as counter-strike, half-life, battlefield1942, etc Run cron entries with intervals of less than 15 minutes When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php") While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 10% of the server resources and/or 10% of the server's CPU. This means that if your website is found to be utilizing more than 10% of the CPU and memory of the service, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting package, or request a pro-rated refund of the amounts you have paid in advance for the services. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site off line, but we accept no obligation to do so.

10. Cancellations and Refunds

Cancellations must be done in writing to billing [at] seanic.net. You agree that the files, emails, and account may be removed immediately after a cancellation request is processed. Seanic gives you an unconditional 45 day money back guarantee on managed shared hosting for any customer who paid the first invoice with a credit card or with Paypal. There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Refund requests for shared hosting after the initial 45 days will be refunded on a prorated basis of any unused time. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. Violations of the Terms of Service will waive the refund policy. When the Services Will be Available We will attempt to provide the services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however the services may be unavailable to you due to many inevitable reasons. You must recognize and acknowledge that due to the nature of web hosting technology, occasional unavailability of the services cannot be avoided.

11. Joining Seanic

When you sign up, your Seanic account will be enabled with autorenewal, which means your credit card on file will be charged and your account will be renewed automatically when it is time for renewal. If you wish to have autorenewal, or you would not like to renew your account, you must cancel 14 days prior to your renewal date. If you fail to cancel 14 days prior to renewal, your account will be renewed for a new term Your account will be suspended if we do not receive your renewal payment after 7 days upon expiry. If, however, 30 days pass from the date on which your account is suspended and you have not made payment in full, Seanic shall have the right to delete all data you have uploaded to the servers. You hereby acknowledge that this is Seanic's policy when it comes to data retention, and waive all rights in and to your data in these situations.

12. Backup Limit

Any shared account using more than 40MB of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.

13. Bandwidth Usage

You are allocated a monthly bandwidth allowance depending on the hosting package you purchase. Should your account exceed the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

14. Money back Guarantee

Each of Seanic's managed shared servers carry a 45 days unconditional money back guarantee. If you are not completely satisfied with our services within the first 45 days of your service, you will be given a full refund of the contract amount excluding any setup/credit card fees that were charged when you signed up, and excluding domain registration fees. (Even if you received your domain for free through one of our promotional plans). The domain registration fee we incur on each domain registration is $20.00. So all refunds are subject to a $20.00 registration fee charge, but you will own the domain name afterwards. The only way to cancel your account is by emailing our billing team at billing [at] seanic.net Please note: Any other services besides shared hosting are non-refundable. Seanic also reserves the right to cancel your account with 72 hours notice should an event occur in which proper evidence exists that a customer was exceptionally rude or vulgar in communications with our staff.

15. Reseller Accounts

Resellers are responsible for supporting their clients. Seanic does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. Seanic will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

16. Shared hosting

Shared accounts may not resell web hosting to other people, if you wish to resell, please get a dedicated server. Seanic will not activate new orders or activate new packages for customers who have an outstanding balance with Seanic unless otherwise stated by Seanic in writing.

17. Dedicated Servers

Seanic reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. Seanic reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the simplest solution. Please contact sales@Seanic.com if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

18. Price Change

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on Seanic.net, and the right to increase the amount of resources given to plans at any time.

19. DMCA Copyright Infringement Information

In accordance with the Digital Millennium Copyright Act, we have adopted a policy to suspend or terminate the accounts of website owners found to be in violation of copyright. We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringer. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent (identified below) the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Our agent for notice of claims of copyright infringement can be reached as follows: By email: support [at] seanic.net

20. Indemnification

Customer agrees that it shall defend, indemnify, save and hold Seanic harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Seanic, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Seanic against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Seanic; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Seanic's server.

22. Affiliate Term of the Agreement

The term of this affiliate agreement will begin upon our acceptance of your affiliate program application, and will end when terminated by either involved party. At our discretion, we may decide for any reason that your site cannot participate in our network. Either party may terminate the affiliate relationship, with or without cause, by giving written notice of termination to the other. Notice of termination must be delivered to us by sending an e-mail to affiliates [at] seanic.net. Once terminated, you will not be eligible to receive commissions for any future referrals.

23. Disclaimer

Seanic shall not be responsible for any damages your business may suffer. Seanic makes no warranties of any kind, expressed or implied for services we provide. Seanic MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Seanic disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Seanic and its employees.

24. Limitation of Liability

IN NO EVENT SHALL Seanic BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF Seanic HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on liability for damages as contained in these terms of services. In those states, our liability is limited to the full extent permitted by law. You agree that in no event shall our maximum aggregate liability exceed the total amount paid by you for the services in dispute purchased from us, or, in the event of liability of Seanic due to your enrollment in the affiliate program,

25. Disclosure to law enforcement

Seanic may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies. By using Seanic you agree to the above terms of service.

26. Changes to the TOS

Seanic reserves the right to revise its policies at any time without notice. We will post the changes here, and your continued use of the service means you accept the changes we have made.