1- Parties
This agreement is between HOST09 (PROVIDER) and the party as specified in the on-line application (CLIENT). Hosting
services may also be provided by a company associated with HOST09.
2- Usage policy
We reserve the right to suspend or cancel a customer's access to any
or all services we provided when we decide that the account has been inappropriately
used. In short we do not allow certain activities hosted on our servers:
- No adult content (No Pornography)
- No online gambling
- No Spam, No unsolicited e-mailing
- No Warez, cracks, copyright infringement
3-Server abuse
Any attempt to undermine or cause harm to a server, or customer, of ours is strictly
prohibited.
4- Unauthorized use of other people's accounts or computers
We will strongly react to any use or attempted use of an Internet account or
computer without the owner's authorization. Such attempts include "internet
scamming" (tricking other people into releasing their passwords), password robbery,
security hole scanning etc.
Any unauthorized use of accounts or computers by a customer, whether or not
the attacked account or computer belongs to us, will result in action against
the attacker. Possible actions include warnings, account suspension or cancellation,
and civil or criminal legal action, depending on the seriousness of the attack.
5- Abuse of Unlimited Traffic and/or Unlimited Storage
If one of our hosting plans offers unlimited traffic and/or unlimited storage
for the client web sites, the intention is to provide a large space to serve
web documents, not an offsite storage area for electronic files. All of your
web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on our
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 our management. To maintain the integrity of our service
the following limitations apply to such hosting plans:
- Sites with Banners, graphics or cgi scripts running
from their domain used on other domain
- 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 more than 50% of the monthly traffic is from file downloads)
If you do not qualify for the unlimited service, traffic will go unmonitored
until you reach 2GB per month. Thereafter, extra data transfer cost of $5/1GB/month
will be billed to your account.
We will be the sole arbiter as to what constitutes a violation of this provision
6- Commercial advertisements with e-mail
Unsolicited commercial advertisements are not allowed in e-mail, and will likely
result in account suspension or cancellation.
Commercial advertisements are unwelcome in most Usenet discussion groups and
on most e-mail mailing lists. Inappropriate posting may result in account suspension
or cancellation. See the newsgroup or mailing list's charter for whether advertising
is allowed or not. "Spamming," or sending a message to many different off-topic
newsgroups, is particularly unethical and will be treated as such.
Sending a message, especially an advertisement, to more
than five or six recipients, is by itself spamming unless the individuals have
specifically requested to be added to a mailing list on that topic.E-mail
is a person-to-person medium, not a broadcast medium.
7- Background Running Programs
In addition to these CLIENT agrees not to run any kind of 'server applications'.
Every program/script that opens a port on the shared hosting server is considered
a 'server application'. These include but are not limited to IRC servers,
IRC proxies, IRC bots.CLIENT understands that the services are subject
to immediate termination without compensation for non-compliance with the policies.
Further, CLIENT will be responsible for the full amount of any tangible and
intangible damages this may cause. PROVIDER reserves the right to change the
policies from time to time to reflect the dynamic nature of the Internet. Both
policies are available on-line any time or as a hard copy by request only.
8- Payment Policies
All accounts are set up on a pre-pay basis. Setup fees may be charged for all
new accounts and major account changes. All pricing is guaranteed for the term
of pre-payment. We reserves the right to change prices at any time. 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 us in writing for a request for termination of services.
Credit card information is stored on file and will be auto-billed on the due
date of the account. Email notification will be sent to you prior to your hosting
renewal date.
9- Cancellation
We reserve the right to cancel service at any time. All fees paid in advance
of cancellation will be pro-rated and paid by us if we institute our 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 our 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 including setup fees
but excluding overages. Domain Registration fees are not
refundable at all. If the web hosting plan includes a free domain name
registration, when cancelled an amount equal to the regular domain name registration
fee will be charged. For web hosting contracts of 3 months or less, the full
contract amount less any domain registration fees and overages will be refunded
if we are notified within the first 30 days following activation. No refund
is available after the 30th day. For web hosting contracts longer than three
months, a refund equal to one half of the contract amount less any domain registration
fees and overages will be given if we are notified prior to the first day of
the second half of the contract term. For example, on a twelve month contract
we must receive the notice of cancellation prior to the first day of the sixth
month of the contract. No refunds will be given once the second half of the
contract term has begun. This policy does not apply to any additional services
such as overages, additional disk space, additional pop accounts, etc. Due to
security concerns, all account cancellations must be done in writing via mail
or fax with a valid signature of the primary contact of the account, account
name, reason for cancellation. We also accept account cancellation submitted
from the registered email address of the account holder. Phone requests will
not constitute acceptance of any cancellation. If payment was made by check
or bank transfer, payment will be made by company check within 15 days of receipt
of cancellation.
10-Lawful Purpose
We reserve the right to refuse service to anyone.
Customers may only use our servers for lawful purpose. Transmission of any material
in violation of any Federal, provincial 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. We expressly
forbid anyone from using servers for the propagation, distribution, housing,
processing, storing, or otherwise handling in any way lewd, obscene, or pornographic
material, or any other material which we deem to be objectionable, including,
but not limited to, pornography, satanic materials, and any and all materials
of an adult nature. The designation of any materials as such described above
is left entirely to the discretion of our management.
11- Governing Law.
This Agreement will be governed by and construed in accordance with the laws
of the Province of Ontario and the laws of Canada applicable in that Province
and will be treated, in all respects, as an Ontario contract
12- LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER THE PRIMARY SERVICE PROVIDER NOR BACKEND SERVICE PROVIDER
WILL BE LIABLE FOR ANY (A) SUSPENSION OR LOSS OF THE SERVICES, EXCEPT TO THE
LIMITED EXTENT THAT A REMEDY IS PROVIDED UNDER THIS AGREEMENT; (B) INTERRUPTION
OF BUSINESS; (C) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEB SITE(S) PROVIDED
THROUGH OR BY THE SERVICES; (D) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD;
(E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION;
(F) EVENTS BEYOND THE CONTROL OF THE PRIMARY SERVICE PROVIDER OR BACKEND SERVICE
PROVIDER; (G) THE PROCESSING OF YOUR APPLICATION FOR THE SERVICES; OR (H) LOSS
OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER
OR PASSWORD. YOU FURTHER AGREE THAT NEITHER THE PRIMARY SERVICE PROVIDER NOR
BACKEND SERVICE PROVIDER WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF
THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE,
REGARDLESS OF WHETHER OR NOT EITHER THE PRIMARY SERVICE PROVIDER OR BACKEND
SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF EITHER THE PRIMARY SERVICE PROVIDER
OR THE BACKEND SERVICE PROVIDER EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE
SERVICES FOR A ONE-MONTH PERIOD, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS
($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, THE LIABILITY OF THE
PRIMARY SERVICE PROVIDER AND/OR BACKEND SERVICE PROVIDER SHALL BE LIMITED TO
THE MAXIMUM EXTENT PERMITTED BY LAW.
13- INDEMNIFICATION
YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD THE PRIMARY SERVICE PROVIDER AND BACKEND
SERVICE PROVIDER, THEIR CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS
AND AFFILIATES HARMLESS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING
ATTORNEY'S FEES AND COURT COSTS, FOR THIRD PARTY CLAIMS RELATING TO YOUR USE
OF THE SERVICES OR ARISING UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION,
INFRINGEMENT BY YOU OR SOMEONE ELSE USING YOUR COMPUTER, OF ANY INTELLECTUAL
PROPERTY OR OTHER PROPRIETARY RIGHT OF ANY PERSON OR ENTITY, OR FROM THE VIOLATION
OF ANY TERM OR CONDITION OF THIS AGREEMENT. WHEN EITHER THE PRIMARY SERVICE
PROVIDER AND/OR BACKEND SERVICE PROVIDER MAY BE INVOLVED IN A SUIT INVOLVING
A THIRD PARTY AND WHICH IS RELATED TO THE SERVICES UNDER THIS AGREEMENT, EITHER
THE PRIMARY SERVICE PROVIDER AND/OR BACKEND SERVICE PROVIDER MAY SEEK WRITTEN
ASSURANCES FROM YOU IN WHICH YOU PROMISE TO INDEMNIFY AND HOLD SUCH PARTIES
HARMLESS FROM THE COSTS AND LIABILITIES DESCRIBED IN THIS PARAGRAPH. SUCH WRITTEN
ASSURANCES MAY INCLUDE THE POSTING OF PERFORMANCE BONDS OR OTHER GUARANTEES.
YOUR FAILURE TO PROVIDE SUCH ASSURANCES MAY BE CONSIDERED A BREACH OF THIS AGREEMENT
BY YOU.
You agree that the Backend Service Provider shall not be liable for the actions,
inactions, negligence, or intentional misconduct of the Primary Service Provider.
You acknowledge and agree that neither the Primary Service Provider nor the
Backend Service Provider are agents for one another.Customer agrees that it
shall defend, indemnify, save and hold us harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable attorney's fees
asserted against us, our agents, our customers, officers and employees, 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 us harmless against liabilities arising
out of; (1) any injury to person or property caused by any products sold or
otherwise distributed in connection with our servers; (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 our servers.
14-DISCLAIMER OF WARRANTIES
NEITHER THE PRIMARY SERVICE PROVIDER NOR BACKEND SERVICE PROVIDER MAKE ANY REPRESENTATIONS
NOR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH
THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES
ARE NOT LEGALLY EXCLUDABLE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR
DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE
AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM EITHER THE PRIMARY SERVICE PROVIDER OR BACKEND SERVICE
PROVIDER SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
