TERMS AND CONDITIONS & TERMS OF SERVICE FOR 57th STREET MARKETING
Last Updated March 24, 2018
This document outlines the Terms and Conditions (TAC) of this business transaction between 57th Street Marketing (Party A) and your business or organization (Party B) as well as the Terms of Service (TOS) for website projects with 57th Street Marketing. This document contains non-binding provisions of understanding between Party A and Party B. Unless otherwise explicitly stated, it does not impose any legal obligations on either Party.
The Proposed Transaction requires additional documentation and approvals, including the preparation and approval of one or more final agreements (the “Final Agreements”) setting forth the TAC of the Proposed Transaction in further detail. Before the Final Agreements are reached, we would like to confirm that we share an understanding of the principal terms and conditions of the Proposed Transaction, and that all Parties are willing to proceed in mutual good faith to work toward Final Agreements consistent with these terms.
The current TAC & TOS are always available on 57th Street Marketing’s website. We may alter these at any time with notification to you by email. If you do not agree to changes, you must terminate your Services within ten business days of the date of the change. Only an officer of 57th Street Marketing may alter this document. No agent of, or person employed by, or under contract with, 57th Street Marketing has any authority to alter or vary this document. No oral explanation or oral information given by any party shall alter the interpretation of this document.
TERMS AND CONDITIONS
1. PROPOSAL and PROJECT AGREEMENT
The details of the work to be generated by Party A for Party B, including project scope, timing, and payment totals and schedule, have been outlined under separate cover. Proceeding with payment for the transaction, whether partial or in full, signals agreement to these terms as well as the agreed upon scope of the project. Changes to the project, whether decreasing or increasing the scope, may result in a change in project schedule as well as a change in payment owed. These changes will be discussed and agreed upon via an updated proposal and project agreement. We are under no obligation to deliver any Services other than those outlined in the agreement.
Any obligation to consummate the Proposed Transaction under the terms of this Letter of Intent is based entirely on satisfaction of each of the following conditions:
a. Execution of mutually acceptable Final Agreements under the laws of the state of Illinois. b. Receipt of all applicable consents, approvals, and authorizations from Party B’s stakeholders, such as partners, board members, regulatory approvals, if any, relating to the Proposed Transaction.
c. You shall provide to us, at your cost, any information, resources or facilities reasonably requested for the delivery of the Services and, where necessary, ensure that your employees, contractors and other suppliers cooperate fully and promptly with 57th Street Marketing
d. Any instructions supplied by you must be complete, accurate and clearly legible. We reserve the right to charge for any costs and any additional work incurred by 57th Street Marketing due to any failure by you to comply with this paragraph and shall not be liable for any errors caused by such failure.
3. EXTENSION OF TIME FOR PROJECT COMPLETION
If the project is not completed by the previously agreed upon due date and each Party has been operating in good faith to complete its requirements towards completing the project, the Parties shall evaluate the progress made towards completion and, if suitable progress is being made, discuss in good faith a revised due date.
4. FINAL AGREEMENTS
The Final Agreements will include detailed project specifications and estimate of final expense, which will be made as of the project due date. The Parties recognize that this is a non-binding agreement and that there may be additional elements for negotiation and inclusion.
All known expenses for the outlined project will be provided as part of the project proposal. If new expenses become necessary in order to complete the project (i.e. website plugins or specific stock photography requests), a revised proposal or proposal addendum will be provided.
6. CERTAIN INFORMATION
6.1. Both you and 57th Street Marketing undertake not to disclose to a third party any confidential information which you or 57th Street Marketing receive relating to the contents or performance of this TAC & TOS, unless necessary for a party to perform their obligations, the Services or the other party’s business in general, and shall procure that each of its directors and employees shall not do so, except with the prior consent in writing of the other party, as required by law, or to the extent to which that information is publicly available or already known to the receiving party at the date of receipt, other than through any unauthorized disclosure by any person.
6.2. Without prejudice to Paragraph 6.1., 57th Street Marketing shall be entitled to mention your name as a client of 57th Street Marketing and the name(s) of the Services which 57th Street Marketing provides to you with your prior consent.
6.3. If a law or regulation compels disclosure of information held by us, we are required to respond. Unless notifying you is prohibited by the law, or a reasonable interpretation of that law, we will use reasonable efforts to contact the Account Owner. We are not required to respond to demands by you that we provide information about your account as part of litigation. However, if we agree to do so, we will charge you an administrative hourly fee for each hour we spend responding to your request. You will also be charged the fees we are charged by our attorneys in responding to your request.
TERMS OF SERVICE FOR WEBSITE PROJECTS
1. GENERAL TERMS AND CONDITIONS
1.1. You are responsible for obtaining any licenses or permissions from any third party which are required to upload content.
1.2. Your personal information is kept confidential and secure.
1.3 All domain name registrations are subject to the terms and conditions of any registrar 57th Street Marketing may use to fulfill the project and their rules and regulations. You agree to be bound by the rules and regulations and dispute resolution policies applicable to each domain name applied for on your behalf.
1.4. You are solely responsible for any and all passwords you utilize within your website. You must keep all passwords confidential and take security measures to prevent any person from gaining access to them.
1.5. Certain aspects of the Services will only be licensed to you. These aspects may only be used by you while using the Services, and may not be transferred. Upon Termination of this TOS, or a particular Service, this license will end.
1.6. The Services are provided to you as configured for our standard customer. We may update or upgrade the Services and/or any software installed on your account at any time without prior notification to you. You bear ultimate responsibility to ensure that the Services are configured to meet your operational, privacy and security needs. Your hardware, software and any other items you deem necessary to use the Services must be compatible with the Services. We are not obligated to modify the Services to accommodate your use.
1.7. The Services are provided on as-is basis. The hardware configurations may vary. 57th Street Marketing may replace your host server hardware, transfer it from one datacenter to another, transfer your account to another server or modify certain software configurations when deemed necessary by 57th Street Marketing. These differing configurations may result in slightly different performance from the Services.
1.8. Any software we offer as part of the Service is provided as-is and is subject to all warranty disclaimers and limitations of liability set out herein. This software may have terms and conditions that are in addition to those set out in this TOS. You must agree to those terms to use the software. If you fail to do so, your ability to use the Service may be affected. Terms and conditions incorporated by reference are listed in the respective sections of this TOS.
1.9. We will use good faith efforts to backup data stored on the shared Services once a day (Shared Backups). Shared Backups are intended for internal use only and we cannot guarantee that a Shared Backup will be available for restore upon your request. It is your responsibility to backup data of all your content in order to prevent potential data loss.
Backup Services are provided “as-is.”
If we provide data to you from a backup, it will be provided as raw data, and you may be required to reformat that data so that it reflects a prior configuration or use. While we may provide assistance, it is your obligation to restore your website.
We may determine that certain file extensions are not suitable for backup and exclude them from the backup. Examples include, but are not limited to, music, movies and/or archives. It is your obligation to verify whether particular files will be, or have been, backed up.
1.10. When taking advantage of our optional email services, we provide mechanisms to help filter unwanted email. Depending on the Services set out in your Order, email filtering may be activated by default; in other cases, it is an additional paid Service. Email filtering will likely result in the capture of some legitimate email and the failure to capture some unwanted email that may contain spam, phishing scams and viruses. We recommend that you implement additional levels of protection.
1.11 If you terminate the Services, your domain may be pointed to a suspension page (Suspension Page). This page may contain advertising. We shall retain any benefits associated with the Index Page and Suspension Page.
2. WEBSITE HOSTING ORDERS
You may purchase Services from us in many different ways. For ease of reference, in this TOS the method you use to choose which Services to purchase is referred to as an “Order.” Each Order for Services by you shall be deemed to be an offer by you to buy the Services from us subject to this TOS. No Order shall be deemed to be accepted by us until we provision your account. The date on which we provide notice to you that the account is provisioned is the Effective Date of this Agreement. The Initial Term of the Services is set out on your Order (Initial Term). Upon the expiration of the Initial Term, we shall renew your services as described in our Renewal Policy.
3. OWNERSHIP OF YOUR ACCOUNT
3.1. Your contact information is outlined at purchase and kept on file at 57th Street Marketing.
3.2. 57th Street Marketing owns our primary hosting account and agrees to administer your sub-account in your best interests.
3.3 57th Street Marketing is indemnified should an individual or entity claim that they own the account, or its content, or that our administration has not, or is not, in their interest. Domain names are owned as set out in applicable ICANN rules. If a dispute arises regarding administration of your domain name, you agree to pay all registration fees during the time the dispute is pending.
3.4. You are responsible for providing valid contact information and keeping your contact details up to date. If you fail to do so, 57th Street Marketing accepts no liability in the event that it grants access to the account or gives ownership of the account to another person.
4.1. You are responsible for the charges set out on the project agreement, in the currency specified on the agreement.
4.2. Payments are due at time of invoice and will be charged to credit card on file. 57th Street Marketing reserves the right to suspend the Services until payment is made. Time for payment is of the essence. Domain name registration Fees must be paid in full before your domain name registration will be processed.
4.3. All Fees are net of applicable taxes, unless explicitly stated otherwise. You are responsible for all taxes and fees levied on the Services.
4.4. Our obligation to provide the Services is contingent on your payment of the Fees by the Due Date. You are responsible for keeping at least one current payment method on file. We reserve the right to make an alternative payment method primary if we determine that the current one is not active for any reason. It is your responsibility to ensure that we receive payment of the Fees. Should the Services be suspended, for any reason, Fees will continue to accrue. Fees are not refundable.
4.5. If you believe there is an error on your bill, you must contact us in writing. We each agree to work together in good faith to resolve any billing disputes. If you contact your credit card company, prior to notifying us of the dispute, and initiate a “chargeback” based on this dispute, we will charge you for investigation and processing. This compensates us for the investigation your card issuer requires us to conduct in order to demonstrate our right to payment. All of your Services may be suspended during bill disputes. To reactivate your Services, you must first pay all outstanding Fees.
4.6. We will apply any refund using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise. 57th Street Marketing is not responsible for delays to refunds caused by processing institutions or expiration of the original payment method.
5. TERMINATION & CANCELLATION
Either party may terminate this TOS upon written notice to the other if one party materially breaches any terms of this TOS and the breaching party fails to correct the breach within ten days following the other party’s written notice, or immediately, if the breach is incapable of cure.
5.1. Termination by 57th Street Marketing
57th Street Marketing may terminate this TOS if (i) you fail to pay any sums due (including Fees) to 57th Street Marketing as they are due; (ii) 57th Street Marketing determines in good faith that continued provision of the Service has become impractical or unfeasible for technical, legal, regulatory or any other material reason; or (iii) you violate this TOS or any agreement incorporated by reference.
We may terminate a particular Order, or aspect of the Services, if a Third Party ceases to make components of the Service available to us, or if providing them to you becomes cost prohibitive.
5.2. Termination by You
You agree to a one-year subscription when purchasing our hosting services. You may (i) cancel with 30 days written notice; (ii) will receive a prorated refund minus a one-month penalty fee for early cancellation. Once we receive your notice, we will send you the Cancellation Request paperwork. If you do not complete all steps of the Cancellation Request, or if you fail to use a Cancellation Request to terminate the Services, the Services will not be terminated, and Fees will still be charged. You must follow this procedure in order to terminate each Service. You acknowledge and agree that your domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any applicable rules or policies, including, but not limited to: (i) the UDRP; (ii) any ICANN adopted policy; (iii) any registrar or registry administrator procedures; or (iv) any other ccTLD registry administrator procedures.
It is important to understand that certain Services are bundled together. As a result, termination of the Services that provide hosting (Hosting Account) may result in immediate termination of multiple aspects of the Services. We may keep data from terminated accounts for a reasonable period after termination and provide you with access to that data upon request and availability. IP addresses, space and backup (including data on Backup Services) are recycled. It is your obligation to ensure that you arrange to transfer anything you need from the Services prior to termination. We have no obligation to forward e-mail following termination.
6. TECHNICAL SUPPORT
Our technical support is available for all current customers and is provided on an as-is, as available basis. If your request for technical support exceeds that of similarly situated customers or is within the scope of our paid support and development services, we may charge you additional support fees. We will inform you, and receive your consent, prior to charging you for technical support.
If you request technical support, you agree that we may have full access to all aspects of the Services accessible to us based on your request. You are solely responsible for any changes you make to your account after we complete your request.
All support is provided as-is and is subject to the disclaimers of warranties and limitation of liability set out in this TOS. While we will use reasonable efforts to provide technical support to you and to perform any work you request in a timely and professional manner, we cannot guarantee the result you expect or that an issue might not occur again. We retain the right to refuse to provide technical support to you if your use of technical support exceeds that of similarly situated customers, or if you are verbally abusive to our employees or contractors. We may refuse to perform any request that requires changes not compatible with the Services or is not related to them or might create a security risk or endanger their performance.
7. INTELLECTUAL PROPERTY RIGHTS AND OTHER CONSENTS
7.1. 57th Street Marketing retains ownership of all intellectual property rights in the Services. All trademarks, product names and company names or logos used by 57th Street Marketing are the property of their respective owners. No permission is given to you or an affiliate to use any such trademarks, product names, company names, logos or titles, and you acknowledge that such use is an infringement of the owner’s rights.
7.2. If we have not provided a license for you to use software as part of the Services, you agree to procure appropriate licenses to use all “Required Licenses.” “Required Licenses” means any licenses, consents or approvals required to use software, hardware and other items whose use is facilitated by the Service. You agree to provide us with copies of the Required Licenses promptly following our written request.
7.3. You authorize 57th Street Marketing to use your logo and content in the scope of creating websites and developing services for your business. You retain all intellectual property rights to your content. You are solely responsible for obtaining all intellectual property rights in the intellectual property of others, including, but not limited to, clearances and/or other consents and authorizations necessary to use the names, marks or other materials which are used by you in, or transmitted via, the Services (Objects). On becoming aware of any dispute between you and any other individual or organization regarding the Objects, 57th Street Marketing reserves the right, at its sole discretion and without notice or liability to you, to cease any further use of such Objects including, without limitation, deleting or suspending them from its computer systems and/or to make appropriate representations or provide information to any relevant authority or interested party.
7.4. Unless otherwise set out in this TOS, you own all right, title and interest to the information you place on our servers pursuant to the Services. If you submit feedback to us in the form of trouble tickets or in another similar manner, we shall have the right to use that information to improve our business processes. You have no right to any intellectual property that is based on an improvement to our business based on this feedback.
8. REPRESENTATIONS AND WARRANTIES
8.1. You represent and warrant that (i) you have the experience and knowledge necessary to use the Services; (ii) you understand and appreciate the risks inherent to you and your business that come from accessing the Internet; (iii) you will not violate any applicable laws and/or regulations in your use of the Services; (iv) you own all intellectual property rights in, or have a license to use, any information you provide to us necessary for us to perform the Services, or to any information transmitted by us through the Services; (v) when appropriate you will make backup copies of all information in a location independent of ours, and will not use Backup Services as your sole backup; and (vi) you will pass through the terms of this TOS, and any agreements incorporated by reference, to your End Users.
8.2. WE MAKE NO WARRANTIES, AND ANY IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED. THE SERVICE(S) IS PROVIDED AS-IS. YOUR USE OF THE SERVICE(S) IS AT YOUR OWN RISK. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE(S) WILL MEET ANY OR ALL OF YOUR EXPECTATIONS; WILL OPERATE IN ALL OF THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU; OR THAT THE OPERATION OF THE SERVICE(S) WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. NO EMPLOYEE OR AGENT IS AUTHORIZED TO MAKE ANY WARRANTY ON OUR BEHALF.
9. LIMITATION OF LIABILITY
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD US OR OUR LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE TO YOU IN THE AGGREGATE WITH RESPECT TO ANY AND ALL BREACHES, DEFAULTS, OR CLAIMS OF LIABILITY UNDER THIS TOS OR UNDER ANY OTHER AGREEMENT OR DOCUMENT FOR AN AMOUNT GREATER THAN THE FEES ACTUALLY PAID BY YOU TO US DURING THE THREE MONTH PERIOD PRECEDING A CLAIM GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU AGREE THAT IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
10.1. You agree to indemnify, defend and hold harmless us, our affiliated companies, third party service providers and each of their respective officers, directors, employees, shareholders and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys’ fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to: (i) your use of the Services; (ii) any violation by you of any of our policies; (iii) any breach of any of your representations, warranties or covenants contained in this TOS; and/or (iv) any acts or omissions by you. The terms of this section shall survive any termination of this TOS. For the purpose of this paragraph only, the term “you” as set out in subparagraphs (i) through (iv) includes you, End Users, visitors to your website, and users of your products or services, the use of which is facilitated by us.
11. RESOLUTION OF DISPUTES AND CHOICE OF LAW
11.1. Any dispute, controversy or claim arising under this TOS shall be resolved in accordance with the procedures set forth in this Section.
11.2. In the event of a dispute between the parties relating to this TOS, each of the parties shall appoint a designated representative who has authority to settle the dispute. This appointment will take place no later than five business days after the initial request for dispute resolution. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the dispute and negotiate in good faith in an effort to resolve the dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however, all reasonable requests for relevant information made by one party to the other shall be honored.
11.3. If the procedure set out in the previous paragraph fails, the parties agree to see formal mediation.
“End User” is the individual or entity who uses, or to whom you provide, your services;
“ICANN” means the Internet Corporation for Assigned Names and Numbers;
“Materials” means any information, reports, documents, software or other materials used as part of the Services, including all methodologies, know-how and processes used to do so;
“Server” means the computer server equipment operated in connection with the provision of the Services;
“Service” or “Services” means any and all services provided under this TOS including, without limitation, domain name registration services, domain name portfolio management services, domain name searching, monitoring and recovery services, space hosting, web, email and usenet searching and monitoring services and professional services, and any other services requested by you which may be provided from time to time as set out on the portion of our website describing the individual Service (Product Pages);
“57th Street Marketing” means the legal entity delivering the Services to you as set out on the Legal page on this Website and any of its subsidiaries or affiliated entities;
“Space” means the area on the Server allocated to you by 57th Street Marketing for use by you as a site on the Internet;
“Term” means the prepaid period during which you receive Services from 57th Street Marketing;
“You” and “your” mean the person, firm or company who purchases Services from 57th Street Marketing.
13.1. If any provision of this TOS or part thereof shall be void for whatever reason, the offending words shall be deemed deleted, and the remaining provisions shall continue in full force and effect.
13.2. Your rights and obligations under this TOS are personal to you, and you shall not assign, lease, charge, sub-license, or otherwise transfer such rights and obligations in whole or in part.
13.3. 57th Street Marketing reserves the right to sub-contract any of the work required to fulfill the Services and to assign this TOS.
13.4. Except for the obligation to pay the Fees, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party’s reasonable control, including, without limitation, acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failures of telecommunication carriers, delays of common carriers, or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day to day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible, but in no event later than ten days from the beginning of the event.
13.5. Any delay or forbearance by either party in enforcing any provisions of this TOS or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.
13.6. Paragraph headings have been included in this TOS for convenience only and shall not be considered part of, or be used in interpreting, this TOS.
13.7. This TOS does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.
Section A – Service Downtime
Our reliable hosting service typically has uptime of 99.9%. However, sometimes downtime is necessary for maintenance, such as:
- Scheduled maintenance;
- Emergency maintenance, hardware and software failure remedied under 1 hour;
- Distributed denial of service (DDOS) attacks, hacker attacks, and other similar events;
- Downtime caused by you, your own configuration, or third-party applications you use;
- Downtime caused when you reach the maximum resources allocation for your plan;
- Downtime caused because you have violated this TOS;
- Downtime during work on your technical support request(s); or
- Force majeure.
Section B – Renewal Policy
All Services are set to renew automatically. Your current payment method is automatically charged the standard Fees for a Renewal Term:
- fifteen days prior to the expiration of your current Term for Shared Hosting Services, Domain name registrations and related services, and SSL certificates;
- five days prior to expiration of your current Term for Cloud and Dedicated Server Services; or
- upon expiration of your current Term for all other Services.
If we cannot process a renewal charge at the scheduled date, we will make additional attempts to charge your payment method(s) until you renew or terminate the Services. We will always charge for renewal the primary payment method on file first. Should the primary payment method fail, we will retry billing any other payment methods on file in the order listed in your User Area. We are not responsible for your data or domain name if Services are terminated because your payment method(s) have expired or are no longer valid for any reason.
- No Early Termination; No Refunds. After the initial 30 day trial period, the term of your services will end on the expiration date and the subscription cannot be cancelled early. We do not provide refunds if you decide to stop using our services early.
- Termination for Cause. Either party may terminate this Agreement for cause, as to any or all Subscription Services: (i) upon thirty (30) days’ notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) immediately, if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, liquidation or assignment for the benefit of creditors. We may also terminate this Agreement for cause on thirty (30) days’ notice if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers. This Agreement may not otherwise be terminated prior to the end of the Subscription Term.
Section C – Website Transfer Services
We may transfer your website(s) to us upon request. Website transfers are subject to the Fees set out in our proposal.
You agree to give us access to your account with the previous host, so we can create a backup copy, transfer your website(s) and make all configurations necessary for your website to work on our Servers. If we are not able to create a backup copy for reasons outside our control, you agree to make one available for us. Java and ASP.NET are not supported on our servers. If your previous host uses cPanel, we will make a backup copy of your account through cPanel. Restoring that backup on our servers will replace any data previously uploaded to your account.
The data to be transferred must be less than the permitted size of your Hosting Services. Transfer of your domain name(s) to 57th Street Marketing and installation of external SSL certificate(s) are not included in our website transfer service and can be ordered separately from your User Area.
We may refuse to transfer your website(s), if your website(s) require configuration that is not compatible with our Servers or if in our reasonable opinion such transfer will require more resources than website transfers for similarly situated customers. In case we cannot transfer your website(s), any website transfer fees will be refunded.