TERMS
of SERVICE
THIS AGREEMENT is made and entered between Evan Teed Internet
Services of 358-1027 Davie Street, Vancouver, British Columbia,
Canada, V6E 4L2 hereinafter referred to as ETIS and the Customer,
who wishes to use the services of ETIS in accordance with ETIS
policies and standards.
1.
SERVICE DESCRIPTION: As a World Wide Web service provider, ETIS
provides Internet web hosting, email service, and associated
services. Customer wishes to connect to the World Wide Web utilizing
the resources of ETIS to establish an Internet connection
and/or web presence.
2.
CONDITIONS: The application and this Agreement constitute a
legal and binding contract between ETIS and the Customer
and does not extend to any other person or entity. Customer
may resell to third parties but is responsible for third party
activities and content, and is bound by the terms under this
Agreement. Cancellations after the application is received and
web space is set-up will still hold the Customer responsible
for costs incurred by ETIS concerning the set-up of the web
space. All cancellations must be in accordance with ETIS
billing policies. All cancellations shall be in writing and
delivered via postal mail, Email or facsimile to the accounts
receivable department of ETIS with telephonic confirmation.
3.
WARRANTIES: With respect to the services to be provided herein,
the Customer acknowledges that ETIS makes absolutely no warranties
whatsoever, express or implied. As a result, the Customer agrees
that ETIS shall not be liable to the Customer for any claims,
damages or loss of profit which may be suffered by the Customer
or any other entity in any respect for direct, indirect, consequential,
actual, or punitive damages arising out of or in relation to
the services provided herein, including, but not limited to,
losses or damages resulting from the loss of data as the result
of delays, non-deliveries, or service interruptions.
4.
INFORMATION: The utilization of any data or information received
by the Customer from the utilization of the service to be provided
by ETIS is at the Customer's sole and absolute risk. ETIS
specifically disclaims and denies any responsibility for the
completeness, accuracy or quality of information obtained through
the services to be provided hereby.
5.
DOMAIN NAME: If ETIS shall acquire an Internet Domain Name on
behalf of the Customer, then in such case the Customer hereby
waives any and all claims which it may have against ETIS, for
any loss, damage, claim or expense arising out of or in relation
to the registration of such Domain Name in any on-line or off-line
network directories, membership lists or registration lists,
or the release of the Domain Name from such directories or lists
following the termination of the providing of this service by
ETIS for any reason.
6.
DOMAIN OWNERSHIP: If ETIS shall acquire an Internet Domain Name
on behalf of the Customer, the customer must send an email to
ETIS current valid email address (or use of contact form on
our web site) annually to assert their desire to remain the
controlling party of the domain which ETIS owns on their behalf.
If the Customer fails to do so the Customer agrees by default
consent that ETIS has all ownership rights and privileges over
the domain name. If ETIS purchases or renews a domain on behalf
of a customer and payment is not received for such within 60
days, ETIS by default becomes the full owner of the domain.
ETIS full rights and ownership will stand even if ETIS continues
to permit the Customer use of the domain name and bills/accepts
payment from customer for domain renewal. This clause in no
way applies to Customers who purchase domains on their own.
7.
PAYMENT: The set-up fee and hosting payment are due at the time
the customer receives the invoice from ETIS. In the event that
the Customer fails to pay for such services upon receipt of
invoice, ETIS shall be entitled to unilaterally terminate this
Agreement and discontinue the service until payment is made.
Should a customer cancel their account for any reason whatsoever
ETIS reserves the right to deduct $20 from their refund balance
due to cover costs including, but not limited to, time spent
on the account. ETIS may at its own discretion alter the amount
charged to any figure between zero and the full $20.
Should a customer fail to pay their balance in a timely fashion,
ETIS reserves the right to bill the client for time involved
in collection and the customer agrees to pay any reasonable
costs added for ETIS time involved. The customer also agrees
that if ETIS at its sole discretion chooses to use a third party
(including but not limited to a collection agency, attorney,
or contracted payment service) that the customer will reimburse
ETIS for all fees paid.
ETIS terms are 'net 14', which means payment is due and payable
in full within 14 days of a bill being issued. A bill can include
a simple email stating the amount.
ETIS charges 2% per month for all outstanding accounts.
8.
TAX COLLECTION: Persons residing outside Canada recognize our
prices do not include any taxes. Canadian residents recognize
that GST may be added to any rates charged, or included in the
rates charged based on our discretion of the moment. GST is
collected under registration number 89499 8822 RT002. Qualified
First Nations persons can request to have any GST paid returned
to them upon providing proper identification and only if done
within 90 days of making payment to ETIS.
9.
USE OF RESOURCES: ETIS does maintain powerful servers, however
to ensure the equable access of all clients and reasonable usage
there are limits on a single sites use of ETIS resources. Data
files with errors or huge databases being heavily used (most
often, although not always, in unscrupulous ways) can use extremely
large amounts of bandwidth and CPU time. No single site may
at any time consume more than 20% of the server's entire available
system resources. Sites exceeding our largest package are not
permitted and are excluded from purchasing extra bandwidth.
10.
UNILATERAL SERVICE REVOCATION: In the event that ETIS may at
any time believe that the service is being utilized for unlawful
purposes by the Customer or in contravention with the terms
and provisions herewith, ETIS may immediately discontinue such
service to the Customer without liability. This will include
but not be limited to failure to pay, illegal content and unsolicited
email.
11.
LEGAL USES: ETIS has full right to terminate your account without
notice if used in any illegal manner, promotion of illegal activity,
or links to such material. In this event ETIS will make no refund
whatsoever of any amounts paid. Some examples of prohibited
content or links include pirated software, child pornography,
bestiality,
hacker programs/archives, copyright violations, warez sites,
hate propaganda, etc. Spam is another direct violation that
get account deleted without notice or refund. Any legal reason
for deleting account may also involve notification to law enforcement
authorities.
12.
OTHER UNACCEPTED USES: Sites designed for downloading of material
by a mass user group are not permitted. This includes but is
not limited to music, video, audio, chat rooms, software or
freeware or shareware, free images and backgrounds, and any
other use that may cause excessive bandwidth in violation of
'Use of Resources' term. ETIS will be the sole arbiter as to
what constitutes a violation of this provision.
13.
INDEMNIFICATION: The Customer shall indemnify and hold harmless
ETIS from any and all loss, cost, expense, and damage on account
of any and all manner of claims, demands, actions, suits, proceedings,
judgments, costs and expenses that may be initiated against
ETIS and ETIS officers, directors, and employees for any service
provided to Customer by ETIS to include web space content that
violates any copyright, proprietary right of any person, provincial
and federal regulations, or contains any matter that is libelous
or scandalous.
14.
CHANGES IN TERMS OF AGREEMENT: ETIS reserves the right to make
changes to the terms and conditions of this Agreement at any
time, and to the on-line information to include service pricing,
advising of the change and the effective date thereof, but with
changes in service fees being effective only at the end of any
period for which the Customer has prepaid. Utilization of the
service by the Customer following the effective date of such
change shall constitute acceptance by the Customer of such change(s).
15.
ENTIRE AGREEMENT AND UNDERSTANDING: This instrument and the
application for web space and services constitute the entire
agreement between the parties, and represents the complete and
entire understanding of the parties with respect to the subject
matter of this Agreement.
16.
RELATIONSHIP: The parties hereto are independent entities and
nothing contained in this Agreement shall be construed to constitute
Customer an agent, employee, partner, independent contractor,
joint ventures, or any other similar entity.
17.
GOVERNING LAW: This Agreement shall be governed by the laws
of the Province of British Columbia in Canada. Each party agrees
that jurisdiction and venue for any and all claims, disputes
or other matters arising out of the services provided herein
and under this Agreement will only lie in Vancouver, British
Columbia, Canada. If any action at law or in equity is brought
to enforce or interpret the provisions of this Agreement and
services provided herein, the prevailing party in such action
shall be entitled to all reasonable costs to include attorney
fees.
18.
SEVERABILITY: In the event that any term or provision of this
Agreement is held by a court of competent jurisdiction to be
illegal, unenforceable or invalid in whole or in part for any
reason, the remaining provisions of this Agreement shall remain
in full force and effect.
19.
CONFIDENTIALITY: Customer acknowledges that any information
not generally known by or disclosed to the public to include
but not limited to computer programs, source code, algorithms
and inventions are the property of ETIS and may not be utilized
or released without the express written permission of ETIS.
20.
INTERPRETATION: The format, words and phrases used herein shall
have the meaning generally understood in the Telecommunications/Software/Internet
Industries. This Agreement shall be construed in accordance
with its fair meaning and not against the drafting party.
By
ordering services by mail, Email, online application or by placing
an order telephonically, customer agrees to all the terms and
conditions of this Agreement.
COMPANY
POLICIES
1. REFUND POLICY: For any reason whatsoever within the first 30
days of hosting service you may choose to leave our service and
receive refund of fees paid excluding $10 (or amount paid if less
than $10). The refund policy applies to web hosting service only.
There are no refunds on any other service or on any product.
2. PRIVACY POLICY: We believe in your right to privacy. Thus in
as far as possible we will not share any information relating
to you or our relationship with you. We are concerned about both
privacy and identity theft and work hard to protect our clients.
Exceptions to total privacy are as follows:
• Our credit card processor will handle and process your
credit card. See their privacy policy for how they handle your
financial information.
• Our domain registry will handle and process your purchase
of domains and related services through our site. See their privacy
policy for how they handle your registration information.
• When you purchase a domain your registration information
becomes public record unless you purchase Private Registration
or use another form of proxy registration.
We will use your email address to contact you to relay important
information regarding your hosting service with us. As a client
you can not opt out of receiving these important updates. We may
also occassionally email you with promotion of various services.
You can opt out of our promotional emails by emaling us requesting
to opt out.
Under no circumstances will we share your information with outside
parties aside from that neccessary for the work of credit card
processors and domain registry partnerships unless it comes in
the form of a court order or other legal requirement.
3. RECEIPT OF SERVICE: Our domain registry is set up to be totally
automatic so the instant you make purchase of a domain or related
product its transfer to your posession immediately commences.
For web hosting, each domain is established individually due to
the variences involved. In most cases this happens on the same
day the purchase is made. Exceptions are as follows:
• If paying with money order the account will not be established
until we have received the money order.
• If paying by cheque the account will not be established
until the cheque has cleared our account. This is dependent on
banking systems, and is generally about 5-7 business days.
• In the event our workload it too great your account may
be delayed in set-up by up to 36 hours. This happens in less than
1 out of 40 accounts.
4. CONTACT: Visit the Contact page on our hosting web site. Full
contact information is there at all times. In the unlikely event
that telecommunications channels are interrupted our back-up email
address is evanteed@gmail.com. This
address should NOT be used unless neccessary as communication
sent to it will be retrieved much slower than by regular channels.
5. REFERRAL POLICY: For every URL you get to sign up for hosting
with us we will thank you with a $10 credit on your hosting account.
The bonus is not paid until the new hosting account has been with
us for six months or $40 has been spent, whichever comes sooner.
This bonus will be paid ONLY if request is made for such within
six months of the referred individuals sign-up. Bonus can not
be applied to the same account for which it is being paid, however
it can be applied to another account owned by the same person.
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