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This is an agreement between Smart Satellite Incorporated, d / b / Smartweb Canada, as well as its partners and affiliates from one viewpoint, and the user of Smartweb Canada hosting services and products alternatively. In this Agreement “You” and “Your” refer to you or any agent, employee, servant or person authorized to act on your behalf. “We”, “Us” and “Our” refer to Smart satellite Inc., as well as its subsidiaries and sister firms (jointly, “Smart Web Canada”). This Agreement explains our obligations to you, and explains your debts to us for various services offered by Smart web Canada. When you use your account or permit someone else to use it to purchase or otherwise acquire access to further Smartweb Canada ( s ) or products or to cancel your Smartweb Canada hosting services ( whether or not we weren’t notified of such authorization ), this Agreement covers such service or actions.
Terms of Agreement
1.Modification. You accept that Smartweb Canada may modify this Agreement and the services it offers to you from time to time. You agree to be bound by any changes Smartweb Canada Hosting may reasonably make to this agreement when such changes are made. If you have purchased services or products from Smartweb Canada Hosting, the term of this agreement shall continue in full force and effect so long as you take advantage of, and use the products or services.
2. Accurate Information: You consent to maintain correct information by providing updates to Smartweb Canada Hosting, as required, while you are using Smartweb Canada Hosting services and products. You agree to notify Smartweb Canada Hosting within 60 working days when any change of the information you supplied as part of the application and / or registration process changes. Failure by you, for who knows what reason, to respond within sixty working days to any investigations made by Smartweb Canadas Hosting to figure out the validity of information provided by you will comprise a material breach of this Agreement. If you provide any information that is inaccurate, not current, false, misleading or incomplete, or if Smartweb Canada Hosting has reasonable grounds to think that your information is inaccurate, not current, false, tricking or incomplete, Smartweb Canadas Hosting has the absolute right, in its sole discretion, to terminate its services and close your account.
4. Prohibited Activities:
(i) Propagate or broadcast unsolicited messages, chain letters, unsolicited commercial email or excessively large volumes of email on an everyday basis, provided, Smartweb Canada Hosting in its sole discretion, may permit you, if you have a bonafide purpose and after written request, to send more email than Smart Webs Hosting ‘s standard SMTP relay limit;
(ii) Disseminate or broadcast any material that, to a reasonable person may be aggressive, improper, pornographic, defamatory, harassing, far offensive, coarse, threatening or malicious ;
(iii) spread or broadcast files, graphics, software or other material, data or work that actually or most likely infringes the copyright, trademark, patent, trade secret or other intellectual property right of anybody;
(iv) Make a false identity or to otherwise try to mislead anyone regarding the identity, source or origin of any communication;
(v) Export, re-export or permit downloading of any message or content in breach of any export or import law, regulation or limitation of the united states & Canada and its agencies or authorities, or without all required approvals, licenses and / or exemptions;
(vi) Interfere, interrupt or try to gain unauthorized access to any computer system, server, network or account for which you do not have permission to access or at a level exceeding your authorization;
(vii) Disseminate or transmit any virus, trojan horse or other malicious, damaging or disabling data, work, code or program;
(viii) Get involved in any other activity assumed by Smartweb Canada Hosting to be in conflict with the spirit or intent of this agreement or any of Smartweb Canada Hosting policies;
(ix) use your internet server as an “open relay” or for similar purposes. This includes but isn’t limited to bootlegged software, hacking programs or archives, warez and mp3 sites and IRC automated bots. Smartweb Canada Hosting is the sole arbiter in regards to what comprises a violation of this provision.
- Violations of system or network security are prohibited, and may result in criminal and civil culpability. Examples include, but aren’t limited to the following: unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic.
- Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
- It is a violation for anyone to use posts or programs which consume excessive CPU time or storage space; allows the use of mail services, mail forwarding capabilities, POP accounts, or auto responders apart from for the user’s own account ; or resell access to CGI scripts installed on our servers. Smartweb Canada Hosting prohibits the running of a public recursive DNS service on any Smartweb Canada Hosting server. All recursive DNS servers must be secured to permit only internet network access or a limited set of IP addresses. Smartweb Canada Hosting actively scans for the presence of public DNS services and reserves the inalienable right to remove any servers from the network that violate this limitation.
- You are responsible for ensuring that there is no excessive overloading of Smartweb Canada Hostings’ DNS system or servers. In the event that you exceed your allotted bandwidth and thereby overload Smartweb Canada Hostings’ DNS or servers, You shall be assessed any and all costs and penalties associated with such overloading. You may not use Smartweb Canada Hosting servers and your web server account as a source, intermediary, reply to address, or destination address for mail bombs, internet packet flooding, packet corruption, denial of service, or other violent activities. Server hacking or other perpetration of security breaches is prohibited and Smartweb Canada Hosting reserves the prerogative to quickly remove sites that contain info regarding hacking or links to such information. Use of your internet server account as an unnamed gateway is prohibited, as is your use of Smartweb Canada Hosting products and /or services to limit or suppress any other user from using and enjoying the internet. You acknowledge and agree that Smartweb Canada Hosting has the right to remove your internet server content temporarily or permanently from its dedicated servers if Smartweb Canada Hosting is the recipient of activities that threaten the soundness of its network.
- You agree not to provide free services such as free hosting, free subdomains or free email accounts. Account holders found violating this section will be terminated right away and all payments forfeited.
5. Storage and Security: At every point, you shall bear full likelihood of loss and damage to your server and all your server content. You are entirely responsible for maintaining the confidentiality of your password and account information. You acknowledge and agree you’re solely in charge of all acts, failings and use under and charges run up with your account or password or in connection with the server or any of your internet server content displayed, linked, broadcast through or stored on the server. You shall be responsible for undertaking measures to:
- (i) Prevent any loss or damage to your web server content ;
- (ii) Maintain independent archival and backup copies of your internet server content ;
- (iii) Make sure the security, confidentiality and integrity of Your web server content broadcast through or stored on Smartweb Canada Hosting servers;
- (iv) Make sure of the confidentiality of your password. Smartweb Canada Hostings’ servers are not an archive and Smartweb Canada Hosting shall have no responsibility to you or any other person for loss, damage or destruction of any of your content. The services offered by Smartweb Canada Hosting aren’t planned to offer a PCI (Payment Card Industry) compliant environment and therefore shouldn’t be utilized as such without further compliance activity. Smartweb Canada Hosting shall have no responsibility to you or any other person for your utilization of Smartweb Canada Hosting products and/or services in breach of these terms.
6. Non-exclusive License: If you have approved software from Smartweb Canada Hosting, Smartweb Canada Hosting grants you a limited, non-exclusive, non -transferable and non-assignable license to use the software for such purposes as are standard and conventional. You are free to make use of the software on any computer, although not on two or more computers at one point. You agree to not alter the software. You agree you are not authorized to combine the software with any other software program, create derivative works based on the software, nor are you authorized to integrate any add-on or enhancement which uses or relies on the software. You further agree not to reverse engineer, recompile or otherwise try to expose the source code. Smartweb Canada Hosting reserves all claims to the software. The software and any copies you are authorized to make are the intellectual property of Smartweb Canada Hosting .The source code and its organization are the exclusive property of Smartweb Canada Hosting and the software is protected by copyright law. Except as categorically provided for in this section, this agreement doesn’t grant you any rights in the software and all rights are reserved by Smartweb Canada Hosting. Any such software and services are offered to You “as is” without guarantee of any type, either express or implied, including although not limited to, the implied guarantees or conditions of merchantability or fitness for a specific purpose.
7. Smartweb Canada Hosting Account: Smartweb Canada Hosting will host an account for you corresponding with the purchased, leased or provided domain name (s) and for the period corresponding with the repayment plan selected by you. The contract will automatically renew at the end of the term unless otherwise specified by you. Once the account cancellation request is received and we process the request as specified in the account owners consent, the agreement between you and Smartweb Canada Hosting is officially terminated. We reserve the right to remove the account from the internet server at any time afterward. Smartweb Canada Hosting will not host the site for any period of time left once the cancellation request has been received and processed. It is your responsibility to make sure that you and your respective clients have accessibility to all their files and important data before initiating the cancellation request. Smartweb Canada Hosting shall not be responsible for any loss of data once the account repeating billing has been cancelled.
8. Legal Purposes: The website hosting and reseller hosting account and /or related electronic services can only really be utilized for legal purposes under all applicable international, federal, provincial, and judicial laws. The desire of Smartweb Canada Hosting is to provide space to serve web documents, not as an off- site storage area for electronic files and is governed by our Disk Usage Provision, set out in Section Ten of the Acceptable Usage Policy. Violations of these or any other provisions of this agreement may result in termination of the services provided by Smartweb Canada Hosting, without or with the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of Smartweb Canada Hosting based on the scale of the violation. Smartweb Canadas Hosting reserves the right to refuse service if any of the content within, or any links from, the account holder’s website is presumed illegal, misleading, or indecent, or is otherwise in default of Smartweb Canada Hastings’ then current Acceptable Usage Policy, in the sole and absolute opinion of Smartweb Canada Hosting.
9. Rates and Prices: You acknowledge that the nature of the service furnished and the rates and charges have been communicated to you. You know that Smartweb Canada Hosting reserves the right to change the specified rates and charges from time to time.
10. Use: You agree to follow generally accepted rules of “Netiquette” when sending email messages or posting to newsgroups. You are responsible for security of your password. Smartweb Canada Hosting won’t change passwords to any account without proof of identification, which is acceptable to Smartweb Canada Hosting, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes you, you understand that Smartweb Canada Hosting will remain neutral and may put the account on hold until the situation has been cleared up. Under no circumstances will Smartweb Canada Hosting be responsible for any losses incurred by you during this time of determination of ownership, or alternatively. You agree to indemnify and hold harmless Smartweb Canada Hosting from any and all claims coming from such ownership disputes.
11. Safe Use: You agree not to harm Smartweb Canada Hosting, its reputation, computer systems, programming and /or other persons using Smartweb Canada Hosting’s services. Smartweb Canada Hosting reserves the right to select the server for account holder’s internet site for best performance. You understand the services provided by Smartweb Canada Hosting are located on a shared server. To keep our servers running at ideal levels, any sites running a technique that utilizes more than 25% of all available system resources for one minute or longer will be required to move up to VPS hosting or Dedicated Server Solution, or to be hosted somewhere else. This upgrade may result in an automatic upgrade to a higher-level pricing plan corresponding with the raised use requirements. Otherwise, Smartweb Canada Hosting reserves the right to suspend services on that specific account until the higher usage may be accommodated. A failure by you to agree to and go along with the terms of this provision may result in the termination of the services provided to you without any refunds of the unused prepaid part of the costs.
12. Third Party Content: If you make a choice to sell or resell advertising or web space to a third party, then you will be responsible for the contents of that advertising and the actions of that third party. Smartweb Canada Hosting has the unconditional right to reject any advertising or other third party content that is illegal, offensive or otherwise in default of the current Smartweb Canada Hosting policy or agreement. Such content may result in the suspension or in the immediate termination of your account. You are responsible for monitoring all domain transfers, renewal and orders. In the event that an inaccuracy occurs the holder of the account must notify Smartweb Canada Hosting straight away of the mistake. In no event shall Smartweb Canada Hosting be responsible to the holder of the account for any damages resulting from or related to any failure or delay of domain registration, transfer or renewal.
13. Domain Lease: Smart Webs Hosting’s, “Free Domain for Life” service offers you a free domain name for the active life of the website hosting or reseller account that should be hosted on Smartweb Canada Hosting servers. The domain name is registered under Smartweb Canada Hosting’s name, owned by Smartweb Canada Hosting, is the property of Smartweb Canada Hosting, and is managed by Smartweb Canada Hosting on your behalf. Smartweb Canada Hosting employs privacy protection services provided by Who’s Guard on all domain names. Smartweb Canada Hosting may substitute the client’s information into the who’s database upon customer request. Free domain names must be hosted on the servers of Smartweb Canada Hosting only. At any time you’ll have the option of taking full control over the domain names for a one time fee of $30 each. In the case of an upgrade to a plan with less free domain names, it’s possible to keep up to 8 domains with Smartweb Canada Hosting for the discounted yearly renewal value of $30 each. The remaining free domains are to be transferred to your ownership for $50 each. In the event of hosting cancellation, all the free domains can be transferred out for $50 each. Significant: We will not register domain names with the “.co.uk” extension for you but can host them. These rules are established to prevent the abuse of our free domain registration offer. Please email our sales department should you have any misunderstanding regarding this promotional offer.
14. Payment and Refund: As consideration for the products and /or services purchased by you and provided to you by Smartweb Canada Hosting, you agree to pay Smartweb Canada Hosting at the time you order. All fees are due right away and are non-refundable unless otherwise specifically noted, regardless of if your services are suspended, terminated, or transferred prior to the end of the term of service. Smartweb Canada Hosting reserves the right to alter pricing through email notification and /or notice on its internet site. You may receive money back within the first forty-five days after sign up if you cancel a website hosting, business or reseller hosting account. If you cancel a VPS hosting account, you may receive money back within the first thirty days after sign up. If the holder of the account cancels after the time period specified, there will be no refund given. Refunds don’t apply to web design services, dedicated servers, dedicated IP addresses, SSL certificates, cPanel, express premium support or domain registration related charges.
Important : If the customer cancels within the first Forty five days and has registered new domain names with us during this time period, Smartweb Canada Hosting will charge the customer a one-time charge of $50 per domain name ( .com, .net ) or $50 per domain name ( .org, .info, .us, .biz ) before the refund. Otherwise the domain name can be transferred out to the client’s property at a price of $50 per one domain transfer. These terms are in place to stop abuse of our free domain name (s) service.
15. Billing: If you signed up for a monthly payment plan, your monthly billing date will be determined based on the day of the month you purchased the services. If that date falls after the 28th of the month, then your billing date will be the 28th of every month. If You signed up for a yearly (or longer) payment schedule, and you elected the automatic renewal option, Smartweb Canada Hosting will automatically renew your services when they come up for renewal and will take payment in accordance with the designated payment system at Smartweb Canada Hosting’s then current rates. If for whatever reason Smartweb Canada Hosting isn’t able to charge your account for the total amount owed Smartweb Canada Hosting for the products and /or services provided, or if Smartweb Canada Hosting is charged a penalty for any fee it previously charged to you, you agree that Smartweb Canada Hosting may pursue all available cures so as to obtain payment. If you pay by Visa card and if for any reason whatsoever Smartweb Canada Hosting is unable to charge your credit card with the total amount of the services provided, or if Smartweb Canada Hosting is charged back for any fee it previously charged to the credit card you provided, you agree that Smartweb Canada Hosting may pursue all available cures so as to obtain payment. You agree that among these remedies, Smartweb Canada Hosting may pursue so as to effect payment, shall include but will not be restricted to, immediate cancellation without notice to you of any domain names or products and /or services registered or renewed on your behalf. Smartweb Canada Hosting reserves the right to charge a reasonable administrative fee for administration tasks outside the extent of its regular services, including extra costs that it may incur in providing the services and pass these costs along to you.
16. Affiliate Marketing Program Terms: All commissions are a 1-time payout. Payout levels change on a monthly basis depending on how many customers you refer to us. Payouts are made at the end of every month for active orders older than forty-five days of the money-back guarantee period.
17. Foreign Currency: While every purchase is processed in US dollars, Smartweb Canada Hosting may provide any predicted conversion price to currencies other than US dollars. You acknowledge and agree the pricing displayed in the checkout process is an estimate. Due to potential slight time delays between precise purchase and the payment settlement, the particular price charged may change. Accordingly, Smartweb Canada Hosting makes no representations or guarantees the tangible price will be the same or substantially similar to the particular price you’ll pay and you waive any and all claims based upon any discrepancy between the estimate and the particular price. In addition, you may be charged VAT, based on the country indicated in your billing address section. Any amounts to get charged will appear in the checkout process.
18. Limitation of Liability; Waiver and Release: The services offered by Smartweb Canada Hosting are being provided on an “AS IS” basis, and Smartweb Canada Hosting specifically disclaims any and all guarantees, whether express or implied, including without any limit any implied guarantees of merchantability or fitness for a specific purpose, to the full extent authorized or allowed by law. Without limits of the foregoing, Smartweb Canada Hosting specifically doesn’t warrant the Smartweb Canada Hosting products and/or services will meet your requirements, function as intended, or that the utilizing of the provided services will be uninterrupted or error-free. In no event shall Smartweb Canada Hosting be responsible for any or all direct, indirect, immaterial, special, exemplary or consequential damages ( including, although not limited to, procurement of substitute services or products ; loss of use, information, or profits; or business interruption however caused and on any theory of liability, whether in contract, firm liability, or tort (including, although not limited to, failure or otherwise) arising in any way out of the utilizing of the services, regardless of whether Smartweb Canada Hosting knows or has received advice of the chance of such damages.
19. Indemnification: Accordingly, you for yourself and all your successors, private representatives, Smartweb Canada Hosting and all affiliates of Smartweb Canada Hosting, and all officials, agents, staff, and representatives of Smartweb Canada Hosting, and all their successors, private representatives, forefathers, successors and assigns, for, from and against any and all claims, liens, demands, reasons behind action, controversies, offsets, obligations, losses, damages and liabilities of every kind and personality whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability set up either in tort or contract and the commitments arising thereunder, whether known or unknown, in relation to or emerging out of, or in any way connected with or resulting from, the services and goods as well as your acquisition and use thereof, including, although not limited to, the provision of the Smartweb Canada Hosting products and / or services by Smartweb Canada Hosting and its agents and staff. Further, you agree to protect, indemnify and hold Smartweb Canada Hosting innocuous from any loss, liability, damages or cost, including reasonable lawyers‘fees, arising out of any breach of any representation or guaranty provided herein, any failure or intractable misconduct by you, or any claim that your account infringes a third person’s copyright, trademark or exclusive or intellectual property right, or misappropriates a third person’s trade systems. This indemnification is in addition to any indemnification needed of you somewhere else. Should Smartweb Canada Hosting be notified of a pending law suit, or receive notice of the filing of a law suit, Smartweb Canada Hosting may look for a written confirmation from you concerning your requirement to protect/ indemnify Smartweb Canada Hosting. Your failure to provide such confirmation may be regarded as a breach of this agreement. You agree that Smartweb Canada Hosting shall have the right to take part in the defense of any such claim through counsel of its own selection. You agree to notify Smartweb Canada Hosting of any such claim promptly in writing and to permit Smartweb Canada Hosting to manage the events. You consent to cooperate totally with Smartweb Canada Hostingg during such proceedings.
20. Termination: You agree that you will be responsible for notifying Smartweb Canada Hosting should you have a desire to terminate your use of Smartweb Canada Hosting’ Services. Warning of your intention to terminate must be supplied to Smartweb Canada Hosting no sooner than 60 days prior to your billing date but not later than three days prior to your billing date.
21. Notices: You agree that any notices required to be given under this agreement by us to you will be deemed once delivered in accordance with the account and /or domain name whose information you have provided.
22. Legal Age: You testify that you’re of legal age to go into this agreement.
23. Final Agreement: This agreement, together with all modifications, represents the entire and exclusive agreement between you and us, and replaces and rules all prior offers, agreements, or other communications. This agreement won’t be amended or modified by you except by way of a written document signed by you and an authorized representative of us.
24. No Agency Relationship: Nothing contained in this agreement shall be interpreted as making any agency, partnership, or other form of joint establishment between the parties hereto. Each party shall make sure that the foregoing people shall not represent to the opposite, either specifically, unconditionally, by appearance or otherwise.
25. Waiver: The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time afterward; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
26. Enforceability: In the event that any provision of this agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this agreement unenforceable or invalid in total. We will modify or replace such provision with one that’s valid and enforceable and which achieves, to the limit possible, our original goals and intention as reflected in the original provision.
27. Assignment and Resale: Except as otherwise set out herein, your rights under this agreement aren’t assignable or transferable. Any endeavour by your creditors to obtain a healthy interest in your rights under this agreement, whether by attachment, levy, garnishment or otherwise, renders this agreement voidable at our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the services (or portion thereof) without Smartweb Canada Hosting,s previous express written consent.
28. Force Majeure: Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any conclusion, interruption or delay in the performance of its requirements hereunder due to causes beyond its control including, though not limited to: earthquake; flood; fire; storm; natural disaster; act of the Lord God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier disasters, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over Smartweb Canada Hosting; of any department, agency, commission, bureau, establishment or other instrumentality of any federal, state, or local government; of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, outside the reasonable control over the concerned party, provided the party counting upon this section
- (i) Shall have given the other party written notice thereof swiftly and, in any case, within five (5) days of discovery thereof and
- (ii) Shall take all steps reasonably necessary given the conditions to lessen the effects of the force majeure event on which such notice is based; provided further, that in the event a force majeure event described in this section extends for a period in excess of thirty (30) days in the total, Smartweb Canada Hosting may instantly terminate this agreement.
29. Headings: The section headings appearing in this agreement are inserted only as a matter of convenience and in no way outline, limit, construe or describe the scope or extent of such section or in any way affect such section.
This document was last revised on Tuesday, February 4th>, 2008.