Please read these terms carefully before using Siteavail.
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and MRN24 LLC, doing business as Siteavail ("Siteavail," "we," "our," or "us"), a Florida limited liability company, governing your access to and use of the Siteavail website, dashboard, API, and all related services (collectively, the "Service").
By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
Siteavail provides an automated website backup and failover service. Our Service includes:
To use the Service, you must create an account by providing accurate and complete information. You are responsible for:
You must be at least 18 years old to create an account and use the Service.
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
We reserve the right to suspend or terminate your account, or remove specific archives, if we determine, in our sole discretion, that you have violated these terms. We may also take action in response to abuse reports from third parties regarding archived content.
If you believe that content archived through our Service infringes on your rights or violates applicable law, please contact us at legal@siteavail.com with details of the concern. We will review all reports and take appropriate action, which may include removing the archived content and/or suspending the responsible account.
By adding a website to Siteavail, you represent and warrant that:
We may offer a free trial period for new users. During the free trial, you will have access to the full features of the Service. At the end of the trial period, your account will require a paid subscription to continue using the Service. We reserve the right to modify or discontinue the free trial at any time.
By subscribing to a paid plan, you agree to the following:
We strive to provide reliable service, but we cannot guarantee uninterrupted availability. Siteavail does not offer a service level agreement (SLA). We make no guarantees regarding uptime, availability, recovery time, or recovery point objectives. You acknowledge that:
The Service, including its design, code, features, and documentation, is owned by MRN24 LLC (d/b/a Siteavail) and is protected by intellectual property laws. You retain all rights to your website content. By using the Service, you grant us a limited license to access, crawl, archive, store, and serve your website content solely for the purpose of providing the Service.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MRN24 LLC (D/B/A SITEAVAIL) EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:
YOU ACKNOWLEDGE THAT SITEAVAIL IS A SUPPLEMENTARY BACKUP AND FAILOVER TOOL AND IS NOT A SUBSTITUTE FOR YOUR OWN COMPREHENSIVE DISASTER RECOVERY, BUSINESS CONTINUITY, OR DATA BACKUP STRATEGY. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING INDEPENDENT BACKUPS OF YOUR WEBSITE AND DATA. WE STRONGLY RECOMMEND THAT YOU DO NOT RELY ON SITEAVAIL AS YOUR SOLE MEANS OF WEBSITE BACKUP OR DISASTER RECOVERY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
The limitations in this section apply even if any limited remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
You agree to indemnify, defend, and hold harmless MRN24 LLC (d/b/a Siteavail) and its members, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.
Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Service, you consent to the practices described in our Privacy Policy.
We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date at the top of this page and may notify you by email. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Upon termination, your right to use the Service ceases immediately. Sections of these Terms that by their nature should survive termination (including, but not limited to, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law) shall survive.
In the event of any dispute arising out of or relating to these Terms or the Service, you agree to first attempt to resolve the dispute informally by contacting us at legal@siteavail.com. If the dispute is not resolved within thirty (30) days, either party may pursue formal resolution.
Any disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the State of Florida. The arbitrator's decision shall be final and binding.
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict-of-law principles. To the extent that litigation is permitted under these Terms, any legal action shall be brought in the state or federal courts located in Florida.
We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, accidents, strikes, shortages of transportation, facilities, fuel, energy, labor, or materials, failure of telecommunications or information systems infrastructure, hacking, cyberattacks, distributed denial-of-service (DDoS) attacks, failure of third-party hosting or cloud providers, internet service disruptions, DNS propagation delays, power outages, or any other events beyond our reasonable control.
By creating an account, you consent to receive electronic communications from us, including but not limited to emails regarding your account, billing, service updates, security alerts, and changes to these Terms. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction and without notice to you, including in connection with a merger, acquisition, corporate restructuring, or sale of all or substantially all of our assets.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties.
These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and Siteavail regarding the Service. These Terms supersede all prior and contemporaneous agreements, representations, and understandings, whether written or oral.
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Siteavail.
If you have any questions about these Terms, please contact us: