Terms of Service
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The service ("Service"), offered by thewebhostcompany.com ("Service Provider") is provided to you ("User") under the terms and conditions of this Terms of Service ("TOS") and any operating rules or policies that may be established by Service Provider. The TOS comprises the entire agreement between User and Service Provider and supersedes all prior agreements between the parties regarding the subject matter contained herein. By using Service you are indicating your agreement to be bound by all of the terms and conditions of the TOS.
2. DESCRIPTION OF SERVICE
Service Provider is providing Internet services as described elsewhere on this site at the time User's account was created. Modifications to the services offered may be made without notice at the sole discretion of Service Provider. In the event that a substantial component of any service, or the service as a whole is discontinued, Service Provider may elect to substite the discontinued component or service either by replacing it or by enhancing one or more of the remaining components in order to ensure that the User receives a service that is comparable in value to the original service. If after a substitution is made, User is unsatisfied, then User's sole recourse will be to terminate subscription to the service. Under such circumstances, the account such as it is will be left open for User's use until the end of the current billing period at which time neither party will owe a balance to the other notwithstanding any damages Service Provider may be entitled to in the event that User breaches these terms of service.
With respect to "Unlimited" accounts and "Unlimited" features, unlimited means that no arbitrary limit, such as a quota shall be set on User's use of system resources at the time of account activation. User's account shall remain free of any such limitations subject to User's reasonable and fair use of system resources. In the event User's use of system resources is deemed by Service Provider to (1) deviate from the normal purpose such system resources would ordinarily be used for, e.g. storing large files on a web hosting account that are not part of a hosted website; or (2) store data on the server for extended periods of time when such data would normally only be stored temporarily, e.g. leaving email on the server longer than 7 days after it has already been retrieved; or (3) interfere with the ability of other users to make reasonable and fair use of system resources; or (4) sustain an average level of usage that demands system resources having a cost greater than fees paid by User; or (5) in any way considered by Service Provider at Service Provider's sole discrition to not be reasonable and fair, then: Service Provider at its sole discretion may (1) impose a quota on User in order to limit User's use of system resources to levels that Service Provider at its sole discretion deems to be fair and reasonable; and/or (2) delete any of User's data that is necessary at Service Provider's sole discretion to release system resources for the use of other users, e.g. unusually large files that are not part of a hosted website, email that has been stored on the server for an unusually long time, programs or scripts that utilize an unreasonable amount of RAM and/or CPU time; and/or (3) terminate User's account without notice and delete all data stored under User's account.
Uses of "Unlimited" accounts that are explicitly prohibited include but are not limited to: (1) Pornographic websites, (2) Gambling websites, (3) Warez and all other forms of piracy websites, (4) Streaming of audio, video, or any type of multimedia content, (4) File storage and download archive websites, (5) Backup storage, (6) Provision of system resources to any parties other than the account holder, with or without charge, e.g. resale of services.
User must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the Internet; and (2) pay any telephone, cable, or other fees associated with such access. In consideration for this Service, User agrees to: (1) provide certain current, complete, and accurate information about User as prompted to do so by the Service and (2) maintain and update this information as required to keep it current, complete, and accurate.
All information requested shall be referred to as registration data ("Registration Data"). User grants Service Provider the right to disclose to third parties certain Registration Data about User and Service in the aggregate. Such disclosures will exclude User's name, mailing address, email address, account and phone number, unless: (1) Such information is required to be disclosed for the purpose of providing Service or any part thereof such as but not limited to the transferring or registering of a domain name which would require such information to be disclosed to Service Provider's upline service providers, or (2) User expressly directs Service Provider to disclose such information or (3) Service Provider is required to disclose such information by any applicable law or legal process served on Service Provider. If any information provided by User is inaccurate, Service Provider retains the right to terminate User's access and rights to use the Service.
User agrees to pay for use of this Service ("Service Fees") according to the rates, terms and conditions posted elsewhere on this site and incorporated by reference herein.
Service Provider reserves the right to deny service to any group or individual it, in its sole discretion, deems objectionable.
3. MODIFICATIONS TO TERMS OF SERVICE
Service Provider may change the terms and conditions of the TOS from time to time. Upon any change in the terms and conditions of the TOS, Service Provider will notify User via email.
User's continued use of the Service constitutes an affirmative: (1) acknowledgment by User of the TOS and its modifications; and (2) agreement by User to abide and be bound by the TOS and its modifications.
4. MODIFICATIONS TO SERVICE
Service Provider reserves the right to modify or discontinue the Service with or without notice to User.
Service Provider shall not be liable to User or any third party should Service Provider exercise its right to modify or discontinue the Service.
5. PRIVACY POLICY
Email is private correspondence between the sender and the recipient. It is Service Provider's policy to respect the privacy of its Users. Therefore, Service Provider will not monitor, edit, or disclose the contents of a User's private communications unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on Service Provider; (2) protect and defend the rights or property of Service Provider; or (3) act under exigent circumstances to protect the personal safety of its Users or the public.
User acknowledges and agrees that Service Provider neither endorses the contents of any User communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.
6. USER ACCOUNT AND SECURITY
User is entirely responsible for any and all activities which occur under User's account, and agrees to immediately notify Service Provider of any unauthorized use of User's account or any other breach of security known to User.
7. DISCLAIMER OF WARRANTIES
User expressly agrees that use of the service is at User's sole risk. The service is provided on an "as is" and "as available" basis.
Service Provider expressly disclaims all warranties of any kind, whether express or implied, and Service Provider makes no warranty that the service will meet User's requirements, or that the service will be uninterrupted, timely, secure, or error free.
User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the service is done at User's own discretion and risk and that User will be solely responsible for any damage to User's computer system or loss of data that results from the download of such material and/or data.
Service Provider makes no warranty regarding any goods or services purchased or obtained through the service or any transactions entered into through the service.
No advice or information, whether oral or written, obtained by User from Service Provider or through the service 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.
8. LIMITATION OF LIABILITY
Service Provider shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the service or for cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the service or resulting from unauthorized access to or alteration of User's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if Service Provider has been advised of the possibility of such damages.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
9. DATA AND email MESSAGE STORAGE AND OTHER LIMITATIONS
Service Provider assumes no responsibility for the deletion, loss, or failure to store data and/or email messages.
Service Provider retains the right, at Service Provider's sole discretion, to determine whether or not User's conduct is consistent with the letter and spirit of the TOS and may terminate Service.
User is solely responsible for creating, maintaining, and retaining backup copies of data stored within User's account.
User is soley responsible for restoring lost data to User's account in the event of data loss.
10. USER CONDUCT
User is solely responsible for the contents of his or her presentations on and transmissions through the Service.
User's use of the Service is subject to all applicable local, provincial/state, national and international laws and regulations.
User agrees: (1) to comply with Canadian and US law regarding the transmission of technical data exported from Canada or the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service.
The Service makes use of the Internet to send and receive certain messages and data; therefore, User's conduct is subject to Internet regulations, policies and procedures.
User agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, provincial/state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.
User shall not interfere with another User's use and enjoyment of the service or another entity's use and enjoyment of similar services. Such interference includes but is not limited to (1) transmission of Unsolicited Commercial Email messages (commonly known as spam) through the Service (2) transmission of Unsolicited Commercial Email messages through a third party which direct attention to web pages, files, or data stored on Service Provider's server(s).
Service Provider may, at its sole discretion, immediately terminate Service should User's conduct fail to conform with these terms and conditions of the TOS.
11. INDEMNIFICATION
User agrees to indemnify and hold Service Provider, its parents, subsidiaries, affiliates, independent contractors, service providers, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, the violation of this TOS by User, or the infringement by User, or other user of the Service using User's computer, of any intellectual property or other right of any person or entity.
12. TERMINATION
Either User or Service Provider may terminate the Service with or without cause at any time and effective immediately. Termination shall be accompanied by a written notice to the other party. Service Provider shall not be liable to User or any third party for termination of Service.
If User terminates Service, Service Provider shall be entitled to retain any Service Fees already paid by User as liquidated damages.
Should User object to any terms and conditions of the TOS or any subsequent modifications thereto or become dissatisfied with the Service in any way, User's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service Usership; and (3) notify Service Provider of termination.
Upon termination of the Service, User's right to use the Service immediately ceases. User shall have no right and Service Provider will have no obligation thereafter to forward any unread or unsent messages or other data of any kind to User or any third party.
13. NOTICE
All notices to a party shall be in writing and shall be made either via email or conventional mail. Service Provider may broadcast notices or messages through the Service to inform User of changes to the TOS, the Service, or other matters of importance; such broadcasts shall constitute notice to User.
14. LAWS
The TOS shall be governed by and construed in accordance with the laws of the province of British Columbia, Canada.
User and Service Provider agree to submit to the exclusive jurisdiction of the courts of the province of British Columbia, Canada.
If any provision(s) of the TOS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
Service Provider's failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Service Provider in writing.
User and Service Provider agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.