website4you.ca , is operated by Website4you.ca Inc. This service contract (hereinafter the "CONTRACT") is between Website4you.ca Inc.. (hereinafter W4U Inc.) and the applicant, You: (hereinafter CLIENT) who wishes Internet Web Hosting and/or Co-location services with W4U Inc..
The Virtual Web Server Internet account and related electronic services can only be used for legal purposes under all federal, provincial, state and local laws.
Relationship Between W4U Inc. and CLIENT
a) W4U Inc. will use its best efforts to maintain a full time 24/7 Internet presence for CLIENT.
b) CLIENT's rights and privileges can not be sold or transferred without the written consent and approval from W4U Inc. sixty (60) days in advance.
c) This contract represents the complete understanding between CLIENT and W4U Inc.. If CLIENT sells advertising to a third party the CLIENT will be held responsible for the content of that advertising and the actions of that third party.
d) CLIENT agrees not to harm W4U Inc., it's reputation, computer systems, programming and/or other CLIENTS using W4U Inc.'s services.
Interruptions in Service
W4U Inc. is not liable for any errors or interruption in service, whether within or outside of W4U Inc. 's reasonable control. CLIENT understands interruptions may or may not occur and CLIENT will hold W4U Inc. free and harmless from any damages incurred in any event of any time of loss. Service may be temporarily unavailable for scheduled maintenance, either by W4U Inc. or by third-party providers, or because of power interruptions or other causes.
CLIENT is responsible for protecting CLIENT'S password and for any authorized or unauthorized use made of CLIENT's password. CLIENT will not use or permit anyone to use W4U Inc.'s service to guess passwords or to access other systems or networks without authorization. W4U Inc. will fully co-operate with law enforcement authorities in the detection and prosecution of illegal activity.
CLIENT must return to W4U Inc. all IP addresses issued by W4U Inc. to CLIENT if CLIENT discontinues service with W4U Inc. or if W4U Inc. discontinues service.
CLIENT is expected to be familiar with and to practice good Internet etiquette (Netiquette). CLIENT will comply with the rules appropriate to any network to which W4U Inc. may provide access. CLIENT should not post, transmit, or permit Internet access to information CLIENT desires to keep confidential. CLIENT is not permitted to post any material that is illegal, libelous, tortuous, or likely to result in retaliation against W4U Inc. by offended users. W4U Inc. reserves the right to refuse or terminate service at any time. CLIENT will indemnify W4U Inc. and hold W4U Inc. harmless from any damage to W4U Inc.'s business, service, equipment, network(s) operations, or reputation resulting from CLIENT's actions, including but not limited to any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort.
W4U Inc. has the right to refuse service if CLIENT content of information provided is deemed illegal, unethical, misleading, contains child pornography, bestiality, promotion of illicit drugs, hate groups or literature by CLIENT and/or CLIENT's third-party.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another's copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email email@example.com .
The use of a shared, VPS or reseller account as a backup/storage device is not permitted with the exception of one backup of the same account. Please do not take backups of your backups.
Do not backup the content of your local computer to our servers. All content stored on the server must be publicly accessible via the website.
Examples of unacceptable material on all hosting plans include:
Image Hosting Scripts (similar to Photobucket or Tinypic)
Mail Bombers/Spam Scripts
Large collection of MP3 files and/or DVD/CD ISO Image Files
Banner-Ad services (commercial banner ad rotation)
File Dump/Mirror Scripts (similar to rapidshare)
Commercial Audio Streaming (more than one or two streams)
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Hateful/Racist/Harassment oriented sites
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
CLIENTS who provide the above-mentioned content are in breach of the contract. W4U Inc. may terminate service without notice and without any refunds of CLIENT's unused pre-paid portion of funds
The following restrictions on shared hosting plans:
Taking up more than 20% system resources for more than 90 seconds. Numerous activities can cause this such as CGI scripts, FTP, PHP, HTTP, MySQL, etc
Running unattended standalone server side daemons such as IRCD
Running any scripts (web spider) which indexes websites
Running any BitTorrent application, tracker, or client. You may link to torrents off-site, but may not host or store
Running any file-sharing/peer-to-peer activities
Running any game servers such as Counter Strike, Half Life, BattleField 1942, etc
Running any cronjobs less than 15 minute intervals
Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file (webpage, image file, email, etc) on your account uses up 1 inode. The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension
Backups and Data Loss
The backup service is provided as a courtesy to our shared and reseller customers. W4U Inc. will not be responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by W4U Inc.. Any shared account using more than 10 gigs of disk space will be removed from daily and weekly backups. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure. Dedicated and VPS servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. Please contact firstname.lastname@example.org. for optional backup services. It is your responsibility to maintain backups.
If your shared or reseller hosting is less than uptime of 99.9% for any given month, then your account is credited for 1 month. Justification must be given to W4U Inc. in writing via email to email@example.com Inc. and approval of credit is at the discretion of W4U Inc.. All requests must be made in writing via email. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. Uptime guarantees only apply to shared and reseller plans. Dedicated and VPS servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.
Unsolicited Commercial Email
The W4U Inc. network(s) may not be used to transact Unsolicited Commercial E-mail (UCE). This is commonly referred to as SPAM. CLIENTS of W4U Inc. may not use, or permit others to use, the W4U Inc. network(s) to send UCE. W4U Inc. will not host, or permit hosting of sites or information that is advertised by UCE from other networks. W4U Inc. will not permit CLIENTS to SPAM newsgroups, or SPAM from other networks or that may or may not point to a site on W4U Inc.'s network. CLIENTS that transact UCE are in breach of this contract. Every reasonable attempt will be made to contact the CLIENT and allow them to resolve the problem or complaint before taking action. W4U Inc. reserves the right to place a temporary block in the event the CLIENT is unreachable, or is unable to stop the UCE. CLIENT will constitute this contract as "fair warning" as to W4U Inc.'s strict "NO SPAM" policy. W4U Inc. reserves the right to terminate services without any refunds of the unused portion prepaid by CLIENT when CLIENT is in violation of "NO SPAM" policy. Notice given by electronic mail shall be deemed received on (1) business day after it is posted to the recipient's e-mail address. W4U Inc. will also fine the individual $500.00 per SPAM incident.
Warranty and Assumption of Risk
CLIENT uses W4U Inc. services at CLIENT's own risk. W4U Inc. makes no warranty expressed or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose. W4U Inc. shall not be liable for any loss or other damage, including but not limited to special, incidental, consequential, or punitive damages, resulting from any failure to provide service or from any termination of service. W4U Inc. has no control whatsoever and shall not be responsible to CLIENT for the content of any web site or for the content of any third-party material passing through or associated with CLIENT's web site, some of which may be illegal, inaccurate, adult in nature, harmful, or offensive.
Term of Contract, Termination, and Renewal
a) All contracts are on a recurring basis. CLIENT shall pay W4U Inc. recurring fees (hereinafter "Recurring Fees"), plus bandwidth charges as outlined on invoice (see invoice). Pre-payment of recurring fees is due by the time stated on W4U Inc.'s invoice. Amounts past due may result in the termination of CLIENT's account. Taxes, special services and third party charges will be stated separately on the invoice. CLIENT shall pay all taxes, fees , and governmental charges. W4U Inc. may change prices without notice and it is the CLIENT's responsibility to check the website for updates. Grandfathered accounts will not be affected.
b) All cancellations by CLIENT of service or changes in service must be done in writing to W4U Inc.. It can be done by email (firstname.lastname@example.org Inc.), via regular postal to Website4you.ca Inc., 882 Cahill Drive West, Ottawa, Ontario, K1V 9A2, Canada. 60 day money back guarantee is offered on shared hosting plans, VPS plans and reseller plans. If cancellation is requested within 60 days of initial setup date, then the full hosting fees will be refunded. After 60 days of cancellation, it will refunded on a prorated basis of any unused time. The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account: bank wire transfers, Interac Email Transfers, Western Union Money Transfer, cheques, and money orders. There are no refunds on dedicated servers, install fees for custom software, domain name purchases, or SSL purchases. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. Violations of the legal agreement will waive the refund policy.
c) If CLIENT breaches any part of this contract and W4U Inc. has to engage the services of an attorney, the CLIENT will pay any and all of W4U Inc.'s reasonable attorney fees and court costs.
Limitation of Liability
In no event shall W4U Inc. or any of its officers, contractors, or employees be liable for any loss of profit or revenue by CLIENT or for any consequential, incidental, special or exemplary damages incurred or suffered by CLIENT, nor for any loss of power or heating, ventilation, and air conditioning interruption, even if W4U Inc. has been advised of the possibility of such loss or damage. CLIENT shall indemnify and hold harmless W4U Inc. from and against any all claims, costs, expenses or liability arising out of CLIENT's (inclusive CLIENT's officer, contractors, employee agents and invitees) collective or individual use, occupancy or operation of CLIENT's web site content and/or information.
W4U Inc. reserves the right to revise its policies at any time without notice.