These Terms represent a legally binding agreement between Sidestreet Operations South Carolina LLC ("Sidestreet") and users of its web hosting services ("Customer" or "You"), affirming that the Customer has the authority to agree to these terms. Hosting services are offered exclusively to businesses, organizations, and other legal entities for business purposes.
The specific inclusions, allocations, and fees for each hosting plan are stated in the applicable Order Form or plan description, which controls in the event of conflict with these Terms.
1. Content
Responsibility
Sidestreet adheres to legal process and does not proactively monitor user content. Sidestreet reserves the right to remove illegal content — including but not limited to child sexual abuse material, pirated material, and unlawful hate speech — upon discovery, without refund or compensation, and to report such content to authorities where required by law.
2. Security
Threats
Sidestreet may disconnect or isolate any service, site, or system it reasonably deems a security risk to its operations, other customers, or its network infrastructure. Depending on the severity of the threat, sites or services may be disabled prior to notification, and Sidestreet will notify the Customer as soon as practicable thereafter.
3. Resource
Usage
Hosting plans are subject to the storage, bandwidth, and resource allocations stated in the applicable Order Form or plan description. Sustained excess usage may result in overage charges, required plan upgrades, or throttling, with notice where practicable.
4. Backups
Unless backup services are expressly included in an Order Form, Customer is solely responsible for maintaining independent backups of its websites and data. Where Sidestreet provides backups, they are maintained on the schedule and retention terms stated in the Order Form, and restoration outside those terms is billable. Sidestreet does not guarantee that any backup will be complete, current, or recoverable.
5. Domains &
Certificates
Unless stated in an Order Form, Customer is responsible for registering, renewing, and paying for its domain names and certificates. Sidestreet is not responsible for losses arising from expired domains or certificates that Sidestreet was not engaged to manage.
6. Maintenance
Windows
Routine maintenance and updates are conducted during non-peak hours, Eastern Time. In emergencies, prior notice of maintenance may not be possible, but Sidestreet will use reasonable efforts to provide notice.
7. Term, Renewal
& Cancellation
Hosting services renew automatically at the end of each term at then-current, non-promotional rates. Unless an Order Form states otherwise, ongoing services have an initial term of one year and renew for successive one-year terms unless either party gives written notice of non-renewal at least 45 days before the renewal date. Email constitutes sufficient written notice. If services continue after a term expires, billing continues at the same rates and cadence until Sidestreet receives written notice of cancellation.
Customer may terminate for convenience on 30 days' written notice, subject to an early termination charge of 75% of the fees remaining for the balance of the then-current term if termination takes effect in the first half of that term, or 50% if it takes effect in the second half. This charge is agreed liquidated damages reflecting non-cancelable commitments and costs incurred for the committed term, not a penalty.
8. Payment, Late Charges
& Chargebacks
Invoiced amounts are due Net 15 from the invoice date. Ongoing services are billed monthly to a payment card kept on file unless other arrangements are mutually agreed in writing. Overdue amounts may accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is lower. If any amount is 45 or more days overdue — or 10 or more days overdue for card-on-file payments — Sidestreet may accelerate all outstanding fee obligations and suspend services until paid in full. Sidestreet is not liable for lost revenue or other losses resulting from services interrupted for non-payment, and will not exercise these rights over amounts Customer is disputing reasonably and in good faith while paying all undisputed amounts.
Sidestreet may disable services in response to disputed or reversed charges. A $50 fee applies to each rejected or reversed charge and must be cleared, along with the underlying balance, before services are restored.
9. Account
Integrity
Creating multiple accounts to circumvent restrictions, limits, or overage charges is prohibited and may result in termination of all services on all related accounts.
10. Customer
Data
Customer owns its data. Sidestreet will maintain appropriate administrative, physical, and technical safeguards designed to protect the security, confidentiality, and integrity of Customer data. Upon written request made within 30 days after termination or expiration of the applicable services, Sidestreet will make Customer data available for export or download. After that 30-day period, Sidestreet has no obligation to retain the data and may delete or destroy all copies in its possession unless legally required to retain it.
11. Warranties
& Disclaimer
Sidestreet warrants that services will be performed in a professional and workmanlike manner consistent with generally accepted industry standards, and that it will not materially decrease the overall security or functionality of subscribed services during the applicable term. Customer's exclusive remedy for breach of this warranty is re-performance of the deficient services or, if re-performance is not commercially practicable, a refund of the fees paid for the deficient services.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, SIDESTREET MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW. SIDESTREET DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
12. Limitation
of Liability
IN NO EVENT WILL SIDESTREET BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. SIDESTREET'S TOTAL CUMULATIVE LIABILITY WILL NOT EXCEED THE GREATER OF (A) $1,500 OR (B) THE TOTAL FEES ACTUALLY PAID BY CUSTOMER TO SIDESTREET IN THE THREE MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THE CLAIM.
These limitations do not apply to Customer's payment obligations or to damages arising from a party's gross negligence, willful misconduct, or fraud. No claim may be brought more than one year after the claiming party knew or reasonably should have known of the events giving rise to it.
13. Non-
Disparagement
Customer agrees not to make false, disparaging, or defamatory statements about Sidestreet, its services, employees, or affiliates in any public forum, including social media platforms and review sites. Nothing in this Section restricts either party from making truthful statements required by law, legal process, or a government authority.
14. Dispute Resolution
& Governing Law
Before initiating arbitration, the party asserting a dispute will give the other party written notice describing it, and the parties will attempt in good faith to resolve the dispute through direct negotiation for at least 30 days. Any dispute not resolved informally will be finally settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Spartanburg County, South Carolina. Either party may bring an action for collection of undisputed amounts due, seek injunctive relief to protect its intellectual property or confidential information, or bring an individual claim in small claims court, in each case in the state or federal courts located in Spartanburg County, South Carolina. The prevailing party is entitled to recover its reasonable attorneys' fees and costs.
EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY, AND ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITIES AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE PROCEEDING. These terms are governed by the laws of the State of South Carolina and controlling United States federal law.
15. Suggestions
& Feedback
Customer suggestions and feedback may be used by Sidestreet for any purpose, without restriction or obligation to the Customer.