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Canadian
Web Solutions provides Internet World Wide Web site /page hosting, Marketing,
and Development. Canadian Web Solutions has certain legal and ethical responsibilities
consisting with the use of its server and equipment involved in these services. No
refunds of fees paid will be made if account termination is due to violation of
the terms outlined below:
Abuse of Unlimited Traffic Canadian Web Solutions's customers are privileged to be offered incredible uptime for their websites. The intention of Canadian Web Solutions is to provide a large space to serve web documents, not an off site storage area for electronic files. All (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on Canadian Web Solutions's server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of Canadian Web Solutions management. Any customer who violates Canadian Web Solutions's Policies in abusing either space/site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the allotted period, the client will be billed for the overages. To maintain the integrity of our shared hosting service the following limitations apply: Sites with banners, graphics or cgi scripts running from their domain used on other domains. Sites with picture galleries (This is any site where 50% of the files transferred is graphics) Sites offering download files or archives. (This is any site where 50% or more of there monthly traffic is from file downloads). Sites using more than 30% of system resources for longer than 60 seconds. Sites running multimedia files (QuickTime, Real Audio, Real Video, MP3). For those that do not qualify for the unlimited service, traffic will go unmonitored until you reach 20 GB per month. Thereafter, normal data transfer cost of $20.00/1GB/month will be billed to your account. If you want to pre-pay for bandwidth overages, you will be billed $10.00/1GB/month. You will receive a notice on detailing your bandwidth usage. You will have 7 days to visit http://www.canadianwebsolutions.ca/feedback.html or call us to make payment for your overages. If you do not pay for your overages your site will be disabled within 7 days of your first notice. This does not apply to co-location clients. Co-location clients will be billed for the overages based on switch reports. Co-location clients must pay for the overages IMMEDIATELY once billing or Canadian Web Solutions has the sole decision to deactivate any and all servers. Canadian Web Solutions will be the sole arbiter as to what constitutes a violation of this provision. Unsolicited Email (Spam) Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation. Canadian Web Solutions takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers. The following activities are not allowed:
Note: If you use the services of another provider to promote a web site hosted by or through Canadian Web Solutions (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers. 99.9% Uptime Guarantee (1.) Coverage This 99.9% uptime guarantee applies to any Canadian Web Solutions client in good financial standing with Canadian Web Solutions at the time of a service outage. If your site is down we will refund you ONLY for the time the server was offline. WE ARE NOT RESPONSIBLE for any losses whatsoever due to your site being down or email servers being down. (2.) Service Level Agreement & Specifications Canadian Web Solutions endeavors to have the content of your web site available for http access by any party in the world 99.9% of the time. Network downtime (unavailability) is defined as 100% packet loss from Canadian Web Solutions to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Canadian Web Solutions's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the Canadian Web Solutions Sales. Canadian Web Solutions's administrators will determine the end of the downtime by a traceroute to the customer's machine from outside the Canadian Web Solutions network. (3.) Credits a. Shared Hosting - In the event that your web site is not available for more than 99.9%, Canadian Web Solutions will credit the following month's service fee as follows. For any shared hosting client, such credit shall be retroactive and shall be as calculated below and as measured 24 hours a day in a calendar month, with the maximum credit not to exceed fifty (50) percent of the monthly service charge for the affected month.
In order for you to receive a credit on your account, you must request such credit within seven (7) days after you experienced the down time. You must request credit by sending an electronic mail message to our email. For security, the body of this message must contain your account number, the dates and times of the unavailability of your website, and such other customer identification requested by Canadian Web Solutions. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage. (4.) Restrictions Credits shall not be provided to you in the event that you have any outage resulting from (1.) scheduled maintenance as posted from time to time at Canadian Web Solutions, (2.) your behavior or the performance or failure of your equipment, facilities or applications, or (3.) circumstances beyond Canadian Web Solutions's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration / transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site, or (4.) a client breaking any item in Canadian Web Solutions's "terms of conditions and acceptable use policy" causing a machine to fail as a result. CGI Scripts Each shared web hosting account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal shared server operation without prior warning. (this section does not apply to managed dedicated servers) Chat Rooms We do not allow clients to install their own chat rooms within a shared hosting account, without approving it with the Canadian Web Solutions Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others. Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install. Abuse of SMTP Mail Server We do not allow clients to send more than 2000 pieces of e-mail per day from a shared hosting account. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 2000 per day your account will be moved to a special server that is specifically designed to handle high volumes of e-mail. You will be charged $50.00/month in addition to your regular hosting charges if your account is moved to this server. Please contact us to have your domain moved. Background Running Programs We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. IRC We currently do not allow IRC or IRC bots to be operated on our servers. IRC servers are not permitted on our network. Disk Overages All Canadian Web Solutions accounts come with metered disk space. Should you use more than your alloted disk space you will be charged $.50 per megabyte per month. Payment Policies All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. Canadian Web Solutions reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Canadian Web Solutions by phone to request for termination of services. All payment is in Canadian currency. Canadian Web Solutions will bill each client $50.00 per returned check, per wire transfer received and per credit card chargeback received. All Canadian Web Solutions accounts are setup on billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle, during a current cycle, there will be a $50.00 fee. Please contact the billing department at our phone number above should you wish to change your anniversay billing cycle. Any account that is not brought current prior to deactivation will be charged a $25.00 reactivation fee as well as a $15.00 late charge, per domain deactivated. In addition, if your credit card declines for any reason Canadian Web Solutions will charge your account an additional $2.00 service charge every time your card is declined. Cancellation Canadian Web Solutions reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Canadian Web Solutions if Canadian Web Solutions institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.) All of Canadian Web Solutions's web hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees, domain registration fees, add-on/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation. For web hosting contracts of 3 months or less, the full contract amount less any setup fees and overages will be refunded if Canadian Web Solutions is notified within the first 30 days following activation. No refund is available after the 30th day. For web hosting contracts longer than 3 months, a refund equal to one half of the contract amount less any setup fees and overages will be given if Canadian Web Solutions is notified prior to the first day of the third month of the contract term. If you cancel prior to the end of your contract term and you received special pre-pay rates, your hosting fees will be adjusted so that you pay the regular, non-discounted monthly fees. No refunds for any reason will be given once the third month of the contract term has begun. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, etc. Due to security concerns, all account cancellations must be done over the phone with specific information requested. Email requests will not constitute acceptance of any cancellation. Refunds will be made by company check or issued back to your credit card within 30 days of receipt of cancellation. Intellectual Property Rights Material accessible to you through Canadian Web Solutions's services may be subject to protection under the Canadian/United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use Canadian Web Solutions or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Canadian Web Solutions network. If you use a domain name in connection with Canadian Web Solutions or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party. Network Security Customers may not use the Canadian Web Solutions network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Canadian Web Solutions will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability. Electronic Commerce You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom. You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information. Static / Dynamic Content Caching You expressly (i) grant to Canadian Web Solutions a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by Canadian Web Solutions under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights. IP Address Ownership Canadian Web Solutions shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Canadian Web Solutions and Canadian Web Solutions reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses. Domain Name Registration Customer agrees to pay Canadian Web Solutions prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the Canadian Web Solutions price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if Customer's domain name registration is suspended, cancelled or transferred prior to the end of Customer's then current registration term. Canadian Web Solutions reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer's requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer's registration in an email from Canadian Web Solutions to the email address indicated in Customer's registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Canadian Web Solutions) in connection with the payments of the registration fee for Customer's domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to Canadian Web Solutions as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Canadian Web Solutions will reinstate Customer's domain name registration solely at Canadian Web Solutions's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee. Lawful Purpose Canadian Web Solutions reserves the right to refuse service to anyone. Customers may only use Canadian Web Solutions server for lawful purpose. Transmission of any material in violation of any Federal, Provincial, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Canadian Web Solutions management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Dartmouth, NovaScotia, Canada, and any dispute will be litigated or arbitrated in Tarrant County, Texas. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in HRM courts. IN NO EVENT SHALL Canadian Web Solutions'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS. Indemnification CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD Canadian Web Solutions HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST Canadian Web Solutions, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLO YEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS Canadian Web Solutions AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Canadian Web Solutions'S SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM Canadian Web Solutions'S SERVER. Disclaimer Canadian Web Solutions WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. Canadian Web Solutions MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. Canadian Web Solutions DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY Canadian Web Solutions AND ITS EMPLOYEES or NATURAL DISASTER, . Canadian Web Solutions RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL
CUSTOMERS OF Canadian Web Solutions MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW
ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
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