Sarge Sites

This Terms of Service document was last updated April 27 2020.

These terms of service are available for download at https://sargesites.com/legal-documents/terms-of-service.pdf

Thank you for choosing Sarge Sites for your digital development and growth needs! PLEASE READ THESE TERMS OF SERVICE CAREFULLY. By using the Sarge Sites Services, you agree to these Terms of Service. If you do not accept these Terms, do not purchase, access, or use the Sarge Sites Services in any way.

1. Introduction

1. Sarge Sites, LLC (hereinafter, “Sarge Sites,” “we,” “us,” or “our”) provides a broad range of web development consulting services including, but not limited to, managed hosting services, software, and support through our website, and other related applications, services, and personnel (collectively, the “Services”). The websites created and managed by our Clients through our Services are collectively referred to herein as “Client Websites”. The third-party visitors of Client Websites are referred to herein as “End Users”.
2. These Terms of Service (“Terms” or “Agreement”) form a binding legal agreement between Sarge Sites and any person or organization who purchases, accesses, or uses the Services (“Client”, “you”, or “your”). You represent, warrant, and agree (a) that you have the full power and authority to enter into and perform under these Terms, or (b) if you are using our Services on behalf of an organization, entity, or group that you are authorized to accept these Terms on such organization’s, entity’s, or group’s behalf.
3. Updates to the Terms. We reserve the right to make changes to these Terms at any time in our sole discretion. If we make changes to these Terms, we will provide notice of such changes by revising the date at the top of these Terms. Your continued use of our Services following notification of changes will constitute your acceptance of such changes. Please periodically review these Terms and check for any updates.

2. Eligibility and Client Account

1. In order to access and use the Services, you must first contact and begin a service relationship with Sarge Sites (the “Account”) and choose a Service plan. You must be at least eighteen (18) years of age, or any higher minimum age in the jurisdiction where you reside, to begin an Account or access or use the Services.
2. You are not eligible for an Account if (a) you are located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services, or (b) you are subject to economic or other sanctions by the United States, European Union, United Nations, or any other government or international body.
3. By beginning an Account, you agree to (a) provide accurate, truthful, current, and complete information; (b) maintain and promptly update your Account information upon any changes by contacting Sarge Sites directly; (c) maintain the security of your Account by reasonably protecting all communications and restricting the sharing of information regarding your account; (d) promptly notify Sarge Sites if you discover or otherwise suspect any security breaches or unauthorized access related to the Services; (e) take responsibility for all activities that occur under your Account and accept all risks of any authorized or unauthorized access to your Account; and (f) not open or begin multiple Accounts or Service plans in order to bypass any restrictions or overage charges set forth by Sarge Sites.
4. If there is a dispute about the ownership of an Account, we reserve the right to investigate and determine ownership of the Account based on our reasonable judgment.

3. Fees and Payment

1. Client shall timely pay all required fees as determined by Sarge Sites in its sole discretion (the “Fees”) by a valid payment method (e.g., credit card). You acknowledge and agree that on a monthly or annual basis (a) your Account will be automatically renewed, and (b) Fees will be automatically charged to the valid payment method you provided. To avoid automatic payments and renewal, you may cancel your Account pursuant to Section 10 below.
2. If you fail to timely pay your Fees, Sarge Sites may terminate or suspend your Account and the Services pursuant to Section 10. Disputed charges or chargebacks associated with any Account may, at Sarge Sites’ discretion, result in suspension or termination of the Services.
3. If you use the Services for or on behalf of your own third-party customers to design, build, or manage Client Websites, you remain fully responsible for all payments of Fees in connection with your Account, even if your own customers fail to make payment to you.
4. Fees are stated in U.S. Dollars and, except as otherwise indicated at checkout, do not include any taxes (such as value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities. You are responsible for paying any such taxes, and you agree to indemnify and hold Sarge Sites harmless from and against any liabilities, interest, penalties, or fees assessed against Sarge Sites arising from your failure to pay any such taxes.
5. Sarge Sites reserves the right to change its Fees at any time, upon prior advance notice to you. If you do not agree to a Fee change, you may cancel the Services without incurring the changed Fee, but no refund will be payable from any Fees you previously paid.
6. If you were granted a promotional Fee or free trial, Sarge Sites will automatically renew your Account and charge your payment method at the standard (i.e., non-promotional) Fee upon expiration of the promotional or free trial period.

4. Client Consent

1. Sarge Sites may enable you and End Users to post, import, upload, store, share, send, display, or otherwise transmit text, data, information, code, software, domain names, materials, designs, photos, images, video, music, logos, or any other content to or through the Services for the purpose of creating, managing, and operating your Client Website (collectively, the “Client Content”).
2. You are fully responsible for and retain all rights to and ownership of your Client Content, including your Client Websites. Sarge Sites does not – and cannot – warrant or guarantee the security of Client Content. You will provide Sarge Sites with Client Content in a form requiring no processing or modification by Sarge Sites. You are also obligated to provide all notices to, and obtain and maintain any consents from, any person, including End Users, as required by applicable law or regulation in connection with Client Content.
3. For the sole and limited purpose of providing you the Services, you hereby grant to Sarge Sites a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to access, use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Client Content, in whole or in part.
4. You represent, warrant, and agree that Client Content shall not (a) infringe, misappropriate, or violate any patent, copyright, trademark, trade secret, confidentiality, moral, or privacy right, or any other proprietary or intellectual property right; (b) violate or promote the violation of any law; (c) be defamatory, fraudulent, false, misleading, or deceptive; (d) constitute spam, phishing attempts, “chain letters”, “pyramid schemes”, or similar unethical marketing or advertising; (e) be pornographic, vulgar, exploitative of children, or otherwise obscene; (f) include sex/adult-themed products, services, or other material; or (g) promote violence, discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group.
5. Sarge Sites has no obligation to monitor, validate, correct, or update Client Content in any way. Sarge Sites may, in its sole discretion, alter, remove, or refuse to display any Client Content that is in violation of these Terms without any prior notice.

5. Client Submissions

1. Separate and apart from Client Content, we welcome questions, comments, suggestions, and ideas about Sarge Sites and our Services (“Submissions”). If you provide a Submission, whether by email or otherwise, you agree that it is non-confidential (unless we state otherwise in writing) and shall become the sole property of Sarge Sites.
2. Sarge Sites shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise. You agree that Sarge Sites is not obligated to provide acknowledgment or compensation to you in exchange for Submissions.

6. Client Conduct and Acceptable Use

1. Be decent. Do not transmit any information to or about Sarge Sites or its other Clients, End Users, employees, or representatives that is considered, in Sarge Sites’ sole determination, to be demeaning, harassing, hurtful, abusive, derogatory, insulting, defamatory, false, misleading, or otherwise offensive.
2. You agree to use our Services in compliance with applicable local, state, national, and international laws and regulations, including, but not limited to, United States export-control laws and applicable data privacy laws. Please review our Privacy Policy as applicable.
3. You are responsible for and must provide all telephone, computer, hardware, internet connections, and any other equipment and services necessary to access the Services.
4. You agree not to perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Services: (a) use, display, mirror, or frame the Services or any individual element within the Services; (b) access or tamper with non-public areas of the Services; (c) test the vulnerability of any Sarge Sites system or breach any security or authentication measures; (d) circumvent any measure implemented by Sarge Sites or any third party to protect the Services; (f) modify, decompile, disassemble, reverse engineer, tamper with, or attempt to derive the source code of any part of the Services; (g) interrupt, damage, destroy, or limit the functionality of the Services; or (h) host, upload, or in any way transmit malware, viruses, or any other malicious code or activity (“Malicious Code”).
   1. Clients who unintentionally or inadvertently host Malicious Code in connection with the Services shall cooperate with Sarge Sites to promptly remove the Malicious Code. If Malicious Code is determined by Sarge Sites to have been migrated unintentionally as part of a website migration, the Client shall be afforded the opportunity to promptly remove the Malicious Code.
   2. If the Client fails to promptly remove the Malicious Code as directed by Sarge Sites, the Malicious Code shall be removed by Sarge Sites, and a $100.00 removal fee shall be charged to Client and paid through Client’s default payment method (including auto payment).
5. Limits of Use. You agree to cooperate with Sarge Sites in ensuring that resource utilization is accurately measured. Do not overburden the Services or place excessive burdens on any CPUs, servers, or other resources used in connection with the Services.
   1. Do not use excessive bandwidth or data transfer. If your Services are unmetered, and your use of them exceeds the use of the Services by similarly situated customers, we may offer to move you to a metered plan. If you refuse to move to a metered plan, we may place restrictions on your use of the Services until your use corresponds with that of similarly situated Clients.
   2. If the Service plan to which you subscribe sets out an amount of data transfer or number of visits, you agree not to exceed this amount. If you exceed this amount, and we choose not to limit your use of the Services, your data transfer or visits over the contracted amount will be billed at our then-current rate.
   3. If the Service plan to which you subscribe sets out an amount of disk space, you agree not to exceed this amount. If you exceed this amount, we may notify you in writing and then upgrade your subscription to a plan which includes sufficient disk space.
   4. Our plans may allow you to send a certain amount of transactional emails per day, and you agree not to exceed the maximum amounts listed on our website. If you exceed your daily transactional email quota, we may offer to upgrade your plan, or use a third-party provider to send transactional emails. If you refuse to upgrade your plan or use a third-party provider, we may refuse to deliver emails on your behalf.
   5. Do not use or provide open proxies or Internet Relay Chat. Additionally, you may not use the Services for video streaming.

7. Sarge Sites' Property

1. The Services are the property of Sarge Sites and not the Client. Without limiting the generality of the foregoing, all rights, title, and interest in and to the Services, including any and all servers, artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the look, feel, and arrangement of the Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered, and any derivations thereof are owned by and/or licensed to Sarge Sites.
2. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, fully revocable license to access and use the Services for the sole purpose of creating, managing, and operating your Client Website. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Sarge Sites or its licensors, except for the licenses and rights expressly granted in this Section 7.2.
3. We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.

8. Copyright and Infringer Policy

1. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Sarge Sites has adopted a policy of terminating, in appropriate circumstances and in Sarge Sites' sole discretion, users who are deemed to be repeat infringers of other’s copyrighted property. Sarge Sites may also, in our sole discretion, limit access to the Services and/or terminate the Accounts of any Clients who we believe may infringe any intellectual property rights of others, whether or not there is any repeat infringement.
2. If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with the Sarge Sites Copyright Agent as set forth below.
   Attn: Copyright Agent
   Sarge Sites, LLC
   PO Box 973
   Westerville, OH 43086
   United States
   legal@sargesites.com
3. Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

9. Third-Party Services

1. The Services may display or permit linking or other access to or use of third-party content, promotions, websites, apps, services, and resources (collectively “Third-Party Services”) that are not under Sarge Sites' control. Third-Party Services are available only as a convenience to you, and we are not responsible for the products, services, or other content that are available from Third-Party Services. You acknowledge that any Third-Party Services that you use in connection with the Services are not part of the Services and are not controlled by Sarge Sites, and you take sole responsibility and assume all risk arising from your interaction with or use of any Third-Party Services.
2. You also acknowledge that these Terms and the Sarge Sites Privacy Policy do not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third-Party Services. Reference to any Third-Party Services by Sarge Sites does not necessarily constitute or imply endorsement, sponsorship, or recommendation thereof by Sarge Sites.

10. Termination

1. If you are in breach of these Terms or any other policies, terms, or agreements Sarge Sites has in place from time to time, Sarge Sites may, immediately and at our option (a) terminate your access to the Services and your Account and/or (b) suspend your access to the Services and/or your Account. In either of these instances, you are not permitted to register for, or begin, another Account or access the Services without our prior written permission.
2. The Services and these Terms may be terminated by either party for convenience by giving the other party fourteen (14) days prior written notice. Sarge Sites will accept termination requests by direct contact via the following means:
   Attn: Termination Requests
   Sarge Sites, LLC
   PO Box 973
   Westerville, OH 43086
   United States
   support@sargesites.com
3. Upon any termination, expiration, discontinuance, or suspension of these Terms or the Services, any provision that, in order to give proper effect to its intent, should survive the termination, expiration, discontinuance, or suspension of these Terms or the Services, will survive such termination, expiration, discontinuance, or suspension of these Terms or the Services.

11. Disclaimer of Warranties

EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS, ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND SARGE SITES HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, SARGE SITES MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CLIENT’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.

12. Limitation of Liability

1. NEITHER SARGE SITES, ITS OWNERS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, AFFILIATES, SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR LOSS, THEFT OR DESTRUCTION OF DATA OR CLIENT CONTENT, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SARGE SITES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
2. IN NO EVENT WILL SARGE SITES' TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED (A) THE AGGREGATE AMOUNT OF FEES PAID OR OWED BY YOU TO SARGE SITES DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO SARGE SITES, AS APPLICABLE.
3. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY AND DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SARGE SITES AND YOU.
4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE LIMITATIONS OF SECTIONS 11 AND 12 WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY LAW.

13. Indemnity

1. You agree to defend, indemnify, and hold harmless Sarge Sites (and each of our owners, officers, directors, employees, agents, contractors, licensors, and affiliates) (collectively the “Sarge Sites Indemnitees”) from and against any and all losses, costs, expenses, damages, injuries, and/or liability of any kind, including attorney’s fees, that a Sarge Sites Indemnitee may incur or suffer as a result of any claims, suits, proceedings, or investigations asserted or commenced by any third party, which arise out of or are in any way connected with (a) your access or use of, or conduct in connection with, our Services; (b) Client Content, Client Websites, or Submissions; (c) your breach or alleged breach of these Terms; or (d) your violation of any law or the rights of another.
2. We reserve the right, in our sole discretion, to control any action or proceeding, including selection of counsel, and determine whether we wish to settle it, and if so, on what terms, in which event you will cooperate with us in asserting any available defenses.

14. Dispute Resolution

1. PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES WITH SARGE SITES AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
2. We want to address your concerns without resorting to a formal legal case. Before filing a formal legal claim against Sarge Sites, please contact us at legal@sargesites.com. We’ll try to resolve the dispute and address your concerns. If a dispute is not resolved within 15 days after submission, you or Sarge Sites may bring a formal proceeding as set forth in this Section 14.
3. Any dispute, controversy, or claim arising out of or relating to the Services or these Terms, or the breach thereof, shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof; provided, however, that you and Sarge Sites are not required to arbitrate any dispute in which either party seeks equitable or injunctive relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, patents, or other confidential information or intellectual property.
4. You and Sarge Sites agree that arbitration will occur exclusively in metropolitan Columbus, Ohio (i.e., the city of Columbus or its surrounding suburbs or cities), and that arbitration will be conducted confidentially by a single arbitrator.
5. If for any reason this agreement to arbitrate does not apply to the dispute, you and Sarge Sites agree that any judicial proceeding, including any appeal of an arbitration award, will be brought exclusively in the federal or state courts located in the County of Franklin, State of Ohio. Both you and Sarge Sites exclusively consent to venue and personal jurisdiction in the County of Franklin, State of Ohio, and we both agree to waive our right to a jury trial. If a judicial proceeding is brought in the state courts of Ohio under this section 14.5, the parties consent and agree to the transfer of such proceeding to the Columbus Business Case Division.
6. The Terms and the resolution of any disputes shall be governed by and construed in accordance with the laws of the State of Ohio, USA without regard to its conflict of laws principles.
7. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU WAIVE ANY RIGHT TO COMMENCE A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.

15. CCPA Certification

1. This Section 15 applies only to the extent that (a) Sarge Sites receives and processes End User personal information for or on behalf of the Client and (b) the California Consumer Privacy Act (“CCPA”) applies to such End User personal Information.
2. Sarge Sites certifies, understands, and agrees as follows:
   1. Sarge Sites is a service provider with respect to End User personal information.
   2. Sarge Sites shall not sell End User personal information.
   3. Sarge Sites shall not retain, use, or disclose End User personal information for any purpose other than the specific purpose of performing the Services under these Terms, or as otherwise permitted under the CCPA.
3. Any undefined terms in this Section 15 shall have the meanings set forth in the CCPA.

16. Miscellaneous

1. Our Privacy Policy and other applicable documents (all located at https://sargesites.com/#legal) are incorporated herein by reference and, together with these Terms, constitute the entire agreement of the parties and supersede all prior and contemporaneous understandings between the parties regarding their collective subject matter.
2. You may not assign any of your rights or obligations under these Terms without prior written consent from Sarge Sites. Sarge Sites may assign any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
3. Our failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.
4. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.

Introduction

Sarge Sites, LLC (hereinafter, “Sarge Sites,” “we,” “us,” or “our”) provides a broad range of web development consulting services including, but not limited to, managed hosting services, software, and support through our website and other related applications, services, and personnel (collectively, the “Services”). IF YOU ARE PURCHASING OR USING OUR SERVICES IN ANY WAY, PLEASE READ OUR TERMS OF SERVICE FOR DETAILED INFORMATION ABOUT YOUR LEGAL OBLIGATIONS.

This Privacy Policy (the “Policy”) provides information on how we collect, process, and share the personal data (also referred to as personal information) of individuals who are external to our organization, including but not limited to our clients, potential clients, affiliates, website visitors, and service providers and their respective representatives (referred to in this Policy as “you” or “your”).

For the avoidance of doubt, this Privacy Policy does not apply to data collected by our clients who use our Services to create and manage their own websites. If data is collected and processed by our client or its website, the client controls such data. Please contact the owner or operator of the applicable website directly for information about its privacy policies and how it processes personal data.

After reading this Policy, if you have additional questions or would like further information, please contact us at privacy@sargesites.com.

Data We Collect and How We Use It

As further explained below, we collect and process personal data only for lawful reasons, such as when the processing is necessary to perform a contract, like the Terms of Service, and our legitimate business interests, such as improving, personalizing, marketing, and developing the Services and promoting safety and security.

Information You Provide to Us

Account and Payment Data:

If you engage with Sarge Sites and/or otherwise choose to provide: basic contact and/or web setup information, such as your name, email, address, company information, username, password, and payment information. Please note that we do not store your payment information, but the third-part payment processors we engage may retain your payment information in accordance with their own privacy policies and terms.

Website Comments and Posts:

When you leave a comment, forum post, or contribute an article or other page on our website, you have options to provide data not limited to: a picture, display name, website (URL), and other content or information at your discretion. Please note that any information you post to our website in such a manner may be made publicly available.

Inquiries and Other Data:

When you contact us through our online contact form, or through email or any other communication mechanism, you typically provide your name, email, the subject matter of your inquiry, and any other information you choose to provide at your option for the context and bearing of the communication.

No Sensitive Information:

Please do not provide any highly sensitive personal data when using the Services or communicating with us – such as social security numbers, health or medical information, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or data concerning a person’s sex life or sexual orientation. We do not intentionally process highly sensitive personal data and reserve the right to reject or delete it.

How We Use Data Provided By You

Provide, Improve, and Maintain the Services

We use the data you provide to set up your account, provide the Services, receive or make payments, and communicate with you about your account and the Services.

Market the Services

We may use your information to market and promote our Services. You may opt-out of marketing communications at anytime by contacting us at privacy@sargesites.com or clicking the “Unsubscribe” button in the applicable communication.

Protect You and the Services

We use the information we collect to promote the safety and security of the Services, our clients, and other parties. For example, we may use your information to authenticate users, facilitate secure payments, protect against spam, fraud, and abuse, respond to a legal request or claim, conduct audits, or enforce our Terms of Service or other terms and policies that may be in effect.

Information We Collect Automatically

We collect certain information via cookies and similar automated means when you use the Services, some of which may be personal data. Cookies and similar technologies do not gather your unique personal data, like name, date of birth, gender, or email. Rather, the information collected by cookies and other automated means is generally about your devices and your activities on your devices, such as search history, IP address, browser used, operating system and settings, access times, opens, clicks, and downloads of our email, and referring URL. If you are using a mobile device, we may also collect data that identifies your device, settings, and frequency of usage. This data may be collected by or shared with our third-party analytics, advertising, and anti-spam partners.

How We Use Data That Is Automatically Collected

Sarge Sites and its service providers use the automatically collected data described above to provide, advertise, and improve the Services, including to keep track of your preferences and profile information, customize services and content, measure the effectiveness of promotions and digital communications, place our advertisements on other websites, estimate your general location and time zone, protect against malicious activity and spam, and to secure your accounts.

For more information, please see allaboutcookies.org/cookies.

Information We Receive from Third Parties

From time to time, we may collect personal information from third parties such as public websites, social networks, and marketing partners. This information may include names, contact information, email, professional or employment information, and other information which is publicly available.

We may use information collected from third parties for our own promotional or marketing purposes, such as sending prospective clients emails about our Services.

You may opt-out of marketing communications at anytime by contacting us at privacy@sargesites.com, clicking the “Unsubscribe” button in the applicable communication, or following “Unsubscribe” instructions included in the applicable communication.

How We Share Your Information

Sarge Sites does not sell, rent, or lease your personal data to third parties. We only share your personal data with the following types of service providers for the sole purpose of providing, improving, promoting, and securing the Services:

• IT service providers to store and secure your personal data
• Email and communications processors so we can communicate with you
• Payment processors to collect your fees and process payments
• Contractors to provide, market, and improve the Services and answer your questions
• Analytics, tracking, and measurement partners to help us improve the Services
• Advertising partners to place our ads on other websites you visit and manage our web advertising campaigns
• Marketing partners to send you marketing and promotional communications about our Services

We also may share your information as required by law, to investigate potential illegal activities or violations of our Terms of Service or other agreements, to protect the security of our Services and users, or as a result of a merger, acquisition, or assignment with a third party.

Controlling Your Account and Your Rights

To submit a question or concern about how to control, modify, or delete your account or data, contact us at privacy@sargesites.com. Instructions for cancelling your account are located here. Depending on your location, you may have certain legal rights regarding your personal data, including:

• You may request access to your personal data and obtain information about our processing of your personal data, with whom we share your personal data, and your rights.
• You may request that we restrict our processing of your personal data.
• You may object to our processing of your personal data.
• Where we process personal data based on your consent, you may withdraw your consent.
• You may correct personal data that is inaccurate or incomplete.
• You may request that we delete your personal data or provide a copy of it to you.

We may request proof of your identity before acting upon any request. To submit a question or concern about your rights, please contact us at privacy@sargesites.com. If you live in the EEA, UK, or Switzerland, and you are unsatisfied with our response, you have the right to lodge a complaint regarding your personal data with an applicable supervisory authority.

How We Protect and Store Your Information

We maintain reasonable administrative, technical, and organizational safeguards designed to protect against loss, misuse, or unauthorized access, disclosure, alteration, or destruction of the personal data that we collect from you. We restrict access to personal data collected about you to our employees, contractors, and certain third-party service providers as discussed above. Please note, however, that no website or storage mechanism can guarantee 100% security.

Generally, we store your personal data for as long as required to provide the Services to you, and when you cancel your account, we take reasonable steps to delete your personal data within a reasonable period of time. Sometimes, we may retain your information for a period of time after account cancellation to allow you to efficiently reinstate your Services account, if you so choose. We also may retain certain personal data after you cancel your account to the extent necessary to comply with our legal and regulatory obligations, for the purpose of fraud monitoring, detection and prevention, and for our tax, accounting, and financial reporting obligations. Where we retain data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law.

Children

Our Services are intended for adults 18 years of age or older. We do not knowingly collect personal data from children under the age of 18. If we learn that we have collected any personal information from a child under 18, we will take reasonable steps to delete such information. Parents or guardians who believe that their child has submitted personal information to us and would like to have it deleted should contact us at privacy@sargesites.com.

International Transfers and Privacy Shield

The personal data we collect within your country may be transferred outside of your country to Sarge Sites or its third-party contractors or service providers (mentioned above) for the purposes described in this Privacy Policy. As required by applicable law, we utilize appropriate safeguards approved by applicable data protection authorities, or obtain your consent, when we transfer personal data across international borders. If you are located in the EEA, UK, or Switzerland, you may request information about how we protect your personal data when we transfer it across borders by contacting us at privacy@sargesites.com.

In certain cases, we transfer your personal data to the United States for processing and/or storage. In order to provide appropriate safeguards regarding transfers of personal data from the EU, UK, and Switzerland to the United States, we have certified our compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework (each a “Privacy Shield Framework”). We are committed to subjecting all personal data received from the EU, UK, and Switzerland to the applicable Principles of the Privacy Shield Frameworks. We comply with the Privacy Shield Principles for all onward transfers of personal data from the EU, UK, and Switzerland, including the onward transfer liability provisions. If there is any conflict between the terms of this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List at https://www.privacyshield.gov.

The U.S. Federal Trade Commission has jurisdiction over our compliance with the Privacy Shield Frameworks. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including in order to meet national security or law enforcement requirements.

EU, UK, and Swiss individuals with inquiries or complaints should first contact us at privacy@sargesites.com. If you have unresolved concerns regarding any personal data that is subject to the Privacy Shield Frameworks that we have not addressed satisfactorily, you may contact JAMS, a U.S.-based third party dispute resolution provider (free of charge) at https://www.jamsadr.com/file-an-eu-us-privacy-shield-claim. Under certain circumstances, more fully described on the Privacy Shield website, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.

Links to Other Websites

We may provide links to other websites as a service to you or in order to provide you additional venues in which you can leverage or share the opportunities of the Services. Please be aware that we have no affiliation with these other parties, and cannot control and are not responsible for their information collection, use, and disclosure practices. Please review and understand their privacy practices and policies, if any, before providing any personal data to them or using any of their services. We are not responsible for the content or information of these third-party sites, any products or services that may be offered through them, or any other use of the sites.

Changes to Our Privacy Policy

If we modify this Privacy Policy, we will post the updated version via our Services. It is your responsibility to periodically review this Policy, and you are bound by any changes to it by using our Services or continuing to affiliate with us after such changes have been posted.

Contact Us

If you have any questions, comments, or concerns regarding this Policy or our practices please feel free to write to us at:

Sarge Sites
PO Box 973
Westerville, OH 43086
privacy@sargesites.com

Introduction

Sarge Sites provides a market leading service, and is pleased to support it with this Service Level Agreement (“SLA”). This SLA is hereby incorporated into the Terms of Service, and made a part of it. Terms not defined in this SLA have the definitions set out in our Terms of Service. The remedies set out in this SLA are Client’s sole and exclusive remedy for issues covered by the SLA.

We reserve the right to make changes to this SLA at any time at our sole discretion. If we make changes to this SLA, we will provide notice of such changes by revising the date at the top of this SLA. Your continued use of our Services following notification of changes will constitute your acceptance of such changes. Please periodically review this SLA and check for any updates.

1. Definitions

“Necessary Services” means the portions of the Service that must be operational in order for any Client Website hosted on our platform to be accessible over Hypertext Transfer Protocol (HTTP). The Necessary Services do not include any systems, websites, or services external to Sarge Sites, our support system, our website, SSH / SFTP / phpMyAdmin access, or any other part of the Service which is not strictly necessary in order for Client Websites to remain accessible.

“Signup Date” means the date on which you subscribe to a hosting plan.

“Monthly Renewal Date” means the first ("1st") day of any month that Sarge Sites shall provide necessary services. The renewal date will always be the first day of the month.

“Monthly Billing Period” means the time period from the Monthly Renewal Date until the day before the next Monthly Renewal Date (the last day of any given month). This period may be shortened for the first month of services.
For example, if the Signup Date is September 6, then the Monthly Billing Period is September 6 through October 1, but the next Monthly Billing Period is October 1 through October 31, etc.

Please note that billing for the first monthly billing period will be prorated to only account for the remaining time in the month of signup.

“Downtime” means any period of time in which the Necessary Services are unavailable to the Client.

“Covered Downtime” means the total duration in minutes of Downtime occurring during a Monthly Billing Period.
For example purposes only:

• If five Client Websites are hosted within a single Client Account and only one of those Client Websites experiences 60 minutes of Downtime, that shall be counted as 60 minutes of Covered Downtime.
• If all five Client Websites experience 60 minutes of Downtime concurrently at the same time, that is counted as 60 minutes of Covered Downtime (not 300 minutes).
• If one Client Website experiences 60 minutes of Downtime on Day 1, and then another Client Website experiences 15 minutes of Downtime on Day 2, then that is counted as 75 minutes of Covered Downtime.

“Maintenance Period” means Monday through Sunday, 2 am to 5 am, local to the server region time zone.

“Effective Plan” means the active hosting plan at the time Downtime occurs.

“Monthly Plan Value” means (a) for Clients on a monthly billing cycle, the Fee paid for the Effective Plan, and (b) for Clients on an annual billing cycle, the Fee paid for the Effective Plan divided by 12. The Monthly Plan Value excludes any other fee or amount, such as, but not limited to, paid add-ons, overages, and migration fees.

“Uptime Guarantee” means the Necessary Services will be available at least 99.9% of the time during each Monthly Billing Period.

“SLA Credit” means the credit as described in this SLA which is added to a Client Account and applied to subsequent invoices because we did not meet our Uptime Guarantee.

2. How SLA Credits Will Be Calculated

In order to determine whether our Uptime Guarantee has been met, Covered Downtime shall be compared to the amount of time in a normal 30-day period (43,200 minutes). If Covered Downtime exceeds 43 minutes (0.1% of the amount of time in a normal 30-day period) it shall be determined that the Uptime Guarantee was not met.

If we fail to meet the Uptime Guarantee, upon request you will receive SLA Credits equal to five percent (5%) of your Monthly Plan Value for each full hour (60 minutes) of Covered Downtime. Covered Downtime shall be calculated based on our monitoring.

For example purposes only:

• If the Covered Downtime is 59 minutes, you will not receive any SLA Credit.
• If the Covered Downtime is a full hour (60 minutes), then you will receive SLA Credit equal to 5% of your Monthly Plan Value on your next invoice.
• If the Covered Downtime is 119 minutes, you will receive SLA Credit equal to 5% of your Monthly Plan Value on your next invoice.
• If the Covered Downtime is 2 full hours (120 minutes), then you will receive SLA Credit equal to 10% of your Monthly Plan Value on your next invoice.

If you switch hosting plans during the Monthly Billing Period, your Monthly Plan Value shall be calculated based on the amount of time spent on each plan during the Monthly Billing Period. For example, in a Monthly Billing Period consisting of 30 days, if you spent 10 days on a plan costing $50 per month and 20 days on a plan costing $75 per month, the Monthly Plan Value would be $66.6 ( [$50 / 30 x 10] + [$75 / 30 x 20] ) and SLA credits would be issued based on the adjusted Monthly Plan Value of $66.6.

3. How You Will Receive SLA Credits

In order to receive SLA Credits you must submit a request for SLA Credits by contacting Sarge Sites directly via the following mechanisms no later than the end of Monthly Billing Period which follows the Monthly Billing Period in which we fail to meet our Uptime Guarantee. Requests made beyond the specified time frame will be reviewed and considered at the sole discretion of Sarge Sites.
Attn: SLA Guarantee
Sarge Sites, LLC
PO Box 973
Westerville, OH 43086
United States
sla@sargesites.com

SLA Credits shall be added to your Account and applied to future invoices. SLA Credits will not exceed the Monthly Plan Value for the month in which we failed to meet our Uptime Guarantee and will not be paid in cash. If you terminate your Account or Agreement before the SLA Credit is applied, you will not receive the SLA Credit.

4. When You Will Not Receive An SLA Credit

Downtime caused by any of the following circumstances, as determined at our sole discretion, shall not be included in the Covered Downtime and shall not be eligible for SLA Credit:

• Any maintenance performed during the Maintenance Period,
• Emergency maintenance performed at any time,
• Scheduled outages,
• Force majeure events, including but not limited to, acts of nature (fire, flood, earthquake, storm, or other natural disaster), acts of war (invasion, hostilities, rebellion, revolution, insurrection, terrorist activities, and other hostile activities), actions taken by governments (sanction, blockage, embargo, and other governmental action), labour disputes (strike, lockout, or any similar dispute), failure of power sources, outages caused by external service providers, and any other event which we cannot reasonably anticipate, prevent, control, or avoid,
• Traffic reaching a Client Website that exceeds the capabilities of the Client Website, the Client’s hosting plan, or the Services,
• Client breach of the Terms of Service or any other policies, terms, or agreements applicable to Client,
• Client machine access problems,
• Client authored code,
• Changes to the Service by parties other than Sarge Sites.

Authorization

You are hereby engaging Sarge Sites, LLC, located at PO Box 973, Westerville, OH 43086, as an independent vendor and corporation for the specific service of hosting a website, to be installed on public internet web space located on website hosting servers at undisclosed physical locations (e.g. 'cloud servers'). You authorize Sarge Sites, LLC to publicize the completed website to internet search engines, display the site in Sarge Sites’ online portfolio, and other internet directories and indexes. By submitting this electronic document, you agree with Sarge Sites as to the legitimacy of this contract, its legal binding, and its validity as an electronic means of agreement between you and Sarge Sites, LLC.

Copyright / Ownership / Termination

Copyright

Any content previously contained on a website or added to a website by a client remains the client's property and retains the copyright thereof. All other software, scripts, graphics, design elements, etc. are the property of their respective owners and/or creators, and are provided to be used in and for the client site. Sarge Sites retains copyrights to any propriety software, designs, products, or other digital elements and components installed on the client site.

Ownership

The client website is a hosted product and service provided by Sarge Sites, LLC, and is available for the client to use as long as they continue to pay the managed hosting fees. While the client may own assets in use on the site and components of intellectual property leveraged in the design or creation of the site (including, but not limited to, domain name and internet name routing), the underlying web hosting and server space remains ownership under Sarge Sites, LLC.

Termination

If a Sarge Sites client wishes to discontinue their service and/or hosting contract with Sarge Sites at any time, that client, at their request, may be granted an exported data file containing all assets, content, and data owned by that client prior to Sarge Sites removing the site / service from the public internet, pending a clear account ledger and up-to-date billing account. Sarge Sites reserves the right to refuse data delivery requests due to outstanding invoices or payments. The export file will be delivered in a .zip file format and will contain the above listed data but will not contain Sarge Sites' proprietary data, content, tooling, or licensing, and should be handled in a manner appropriate for the sensitive nature of the data inside. Sarge Sites reserves the right to remove hosting / hosted content from the public internet immediately following a termination request. If an export data request is not made in conjunction with the termination request, Sarge Sites maintains no liability toward the recovery of lost data, as noted in our Terms of Service.

Severability

As noted in Section 16 in our Terms of Service, the invalidity or unenforceability of any of the terms listed in this contract shall not affect the validity or enforceability of any other terms listed in this contract, all of which shall remain in full force and effect.

Payment of Fees

For the diligence and timeliness of Sarge Sites' business operations, all hosting payments are automatically assessed and charged on the monthly renewal date at the associated pricing point previously determind. For more information on recurring hosting dates, please see our Service Level Agreement (SLA). Payments that fail to process correctly may be subject to additional fees at Sarge Sites' sole discretion. Sarge Sites reserves the right to remove hosting / hosted content from the public internet for any client account which falls into a delinquent billing status until the necessary payments have been made and the account has been rectified. In the case that collection proves necessary, the client agrees to pay all fees incurred by that process. Please pay on time.

For clients that currently maintain an existing website and are looking to migrate to the Sarge Sites platform, please note that neither this contract nor fee includes necessary efforts and time to migrate your existing site and content to our platform. This effort would be a separate task to be discussed directly with Sarge Sites, LLC.

Refund Policy

Due to the nature of digital products and services, managed hosting fees are not refundable.