| Chinook Webs TERMS OF SERVICE
THIS AGREEMENT BETWEEN Chinook Webs, INC. (hereinafter referred
to as "Chinook Webs") and Account Holder (hereinafter
referred to as "User")
AND WHEREAS User desires to subscribe to the Service on the
terms and conditions contained herein;
NOW THEREFORE in consideration of the mutual covenants and
agreements contained in this Agreement and other good and
valuable consideration (the receipt and sufficiency of which
are hereby irrevocably acknowledged by the parties) Chinook
Webs and User agree as follows:
1. The Service. Chinook Webs agrees to provide User with
storage space on the Chinook Webs server for the purpose of
hosting a world-wide-web site (the "Site") in the
prescribed amount of:
in the instance of the Chinook Webs Lite HOSTING PLANS, the
number of Megabytes as specified on our hosting plans page;
in the instance of the Chinook Webs CUSTOM HOSTING PLAN and
ECOMMERCE PLANS, agreed on mega-bytes (MB);
in the instance of the Chinook Webs STANDARD HOSTING PLAN
and DEVELOPER PLANS, agreed on mega-bytes (MB);
in the instance of the Chinook Webs RESELLER PLANS, the number
of Megabytes as specified on our hosting plans page;
3. Limitations. The Service is subject to the following limitations:
CPU Resources. User acknowledges that the Service is provided
on a shared server and agrees not to engage in any activity
that could overwhelm the server with heavy CPU usage or that
requires a disproportionate amount of the resources of the
Chinook Webs server, including without limitation, use of
highly active CGI scripts or chat scripts. In no case should
a client's site cause more than 10% sustained processor usage.
Sustained in this context means in excess of 1 minute.
File Types. In the instance of the Chinook Webs HOSTING PLANS,
User shall not host multi-media file types, including but
not limited to MP3, Mpeg, AVI, Real Audio, Real Video, Quick
Time, Windows Media files. User shall also not host executable
binaries and / or compressed file types including but not
limited to .EXE, .ZIP, .TAR, .RAR, .GZIP; Management may upon
application approve exceptions to the aforementioned rule.
User shall not include content, or internet links to content
on the Site that contain, promote or involve any of the following:
i. any infringement of copyright, trademark, patent, trade
secret or other intellectual property right;
ii. nudity or pornography;
iv. content that exploits children under 18 years of age;
v. hate propaganda;
vi. racist, threatening, or otherwise abusive content;
vii. the promotion or incitement of, or instruction for,
the commission of illegal activities;
viii. mail fraud, multi-level marketing (pyramid) schemes
or any other fraudulent activities;
ix. content promoted through the sending of unsolicited e-mail
(also known as spamming);
x. sending of unsolicited e-mail (spam) from the Chinook
Webs server, or any other server that refers to content on
the Chinook Webs server, or sending such e-mail with a Chinook
Webs' hosted Web site listed as the contact address. Additionally
using Chinook Webs servers to send out newsletters, or any
kind of bulk mailing - regardless of subscriber acceptance
is strictly prohibited, and may lead to suspension of your
account;
xi. warez, cracks, hacks, spam software & their associated
utilities;
xiii. information or other material that contains a virus,
corrupted data or any other harmful or damaging component;
Idem. User agrees that Chinook Webs is not responsible for
content on pages hosted on member sites and acknowledges that
Chinook Webs does not endorse or verify any such material;
Idem. User agrees to assume full responsibility for all files
associated with the Site and acknowledges that User may be
held legally for the contents of the Site;
Backup and Monitoring. User is solely responsible for creating
backups of any files associated with the Site and for monitoring
the Site;
Notice to Officials. Chinook Webs Inc, will cooperate with Government & Law Authorities in Canada when required to do so under the laws of Canada. Typically this requires an official order by a recognized court in Canada. Our committment to the privacy of our clients remains paramount to us.
Policies and Guidelines. User agrees to abide by all policies
or guidelines, together with any amendments thereto, set out,
from time to time, by Chinook Webs anywhere on the site www.ChinookWebs.com
Bandwidth. Bandwidth. USER agrees to be bound by the following
restrictions pertaining to allowable bandwidth data transfer
on a per-month basis;
a. In the instance of the Chinook Webs Lite HOSTING PLANS
the number of Megabytes as specified on our hosting plans
page;
b. In the instance of the Chinook Webs CUSTOM PLAN or ECOMMERCE
PLANS, the agreed GB per month;
c. In the instance of the Chinook Webs STANDARD PLANS or
DEVELOPER PLANS, the agreed GB per month;
d. In the instance of the Chinook Webs RESELLER PLANS , the
agreed GB per month
In the instance of Chinook Webs paid plans where USER exceeds
the bandwidth limit, the Chinook Webs accounting department
will contact USER and offer USER the option to either upgrade
USER's plan or reduce bandwidth usage. Chinook Webs will reasonably
cooperate with USER in such instances. However, if USER refuses
to either upgrade USER's plan or reduce bandwidth usage, Chinook
Webs will have the right to deactivate USER's Web site with
no compensation to USER.
4. In the instance of Chinook Webs WEBMAIL and or standard
EMAIL, the following provisions apply:
Responsibility of the User. User is solely responsible for
the content of their e-mail messages. User is not permitted
to transmit messages on the E-mail service that (a) infringe
on any third party's intellectual property or proprietary
rights, or rights of publicity or privacy; (b) violate any
law, statute, ordinance or regulation; (c) are defamatory,
trade libelous, threatening, abusive, or obscene in the opinion
of Chinook Webs; (d) contain viruses or other similar harmful
or deleterious programming routines; (e) contain links to
any sites that include any of that kind of content; or (f)
refer to or contain any matter referred to in paragraph 3d
of this Agreement.;
Account Size. User's email box may store no more than 25
(twenty five) MB of email. When User's account approaches
the maximum email box size, Chinook Webs shall notify User
by email that User's account is approaching full capacity.
If User does not subsequently delete email box contents to
reduce email box size, then any further emails sent to User
which results in User's email box exceeding maximum capacity
will be returned to sender without notice to User.
Spamming is Prohibited. Chinook Webs will determine in its
sole discretion whether any of the messages sent by User are
considered as being spam. Spamming generally includes sending
any form of email that can be interpreted as junk email or
bulk email that the recipient has not specifically requested
from User. Chinook Webs reserves the right to take legal and
technical remedies to prevent User from sending spam. If User
is found to be sending spam, User's account may be terminated
without notice;
Privacy of User's Mailbox. Chinook Webs considers User's
registration data and the content of all User's messages to
be private. Messages that User sends will be received with
User's name and Internet Protocol (IP) address contained within
the header of the e-mail message. Chinook Webs will not intentionally
monitor or disclose any of User's email messages or registration
data unless Chinook Webs believes in good faith that Chinook
Webs is required to do so (i) to enforce these Terms of Service,
(ii) by law, (iii) to defend Chinook Webs in any action, or
(iv) to protect Chinook Webs property. Additionally, User
must agree to respect the privacy and confidentiality of others.
Since privacy is, in part, a function of User's passwords,
Chinook Webs encourages user to change passwords frequently
and to not share them with anyone;
Registration Data. User agrees to provide Chinook Webs with
current, complete, and accurate registration information in
the registration process and to maintain and update registration
information as necessary to keep it current, complete and
accurate;
Personal Use. User agrees to be fully liable for the use
of User's mailbox, including any unauthorized use of mailbox
by a third party. User agrees to notify Chinook Webs immediately
if User becomes aware of any unauthorized use of mailbox;
E-mail Retention. User must remember to check their mailbox
for messages frequently. All email that User receives in their
mailbox that is not opened for more than 60 (sixty) days will
be deleted and unrecoverable;
Cancellation of Mailbox. If User's mailbox is cancelled by
User or by Chinook Webs, all email, including any attachments
will automatically be deleted; and
Proprietary Rights. User agrees and acknowledges that they
may not upload, post, reproduce, or distribute any content
on or through the E-mail service that is protected by copyright
or other proprietary right of a third party, without obtaining
the permission of the owner of such right. Any copyrighted
or other proprietary content distributed with the consent
of the owner must contain the appropriate copyright or other
proprietary rights notice. The unauthorized submission or
distribution of copyrighted or other proprietary content is
illegal and could subject User to personal liability or criminal
prosecution.
Outgoing e-mail. Except for purchased instances of SMTP accounts,
users are prohibited from using Chinook Web's mail servers
to send email. Where a client has purchased a SMTP account,
in no case may they send out more than 500 messages per day
and in total not consume in excess of 100 MB of transfer traffic.
5. Amendments. User agrees to be bound by any amendments
to this Agreement that are set out, from time to time, by
Chinook Webs anywhere on the site www.Chinook Webs.com .
6. No Representations or Warranties. The Service is offered
on an "as is" basis without any representations
or warranties of any kind either expressed or implied. For
greater certainty and without limitation to the generality
of the foregoing:
Chinook Webs makes no representations, warranties or guarantees
of any kind whether written or verbal regarding the reliability
of the Site provided or any other services offered;
Chinook Webs is not responsible for any deletion, alteration,
or loss of data due to network or system outages, file corruption,
accidental deletion, or any other reasons;
Chinook Webs makes no representations, warranties or guarantees
with regards to server reliability, speed or consistency;
Chinook Webs makes no representations, warranties or guarantees
as to the accurateness or correctness of any content on any
of the Sites and is not responsible for any errors or omissions
arising from the use of such information;
Chinook Webs may link to or include on its Web resources,
information provided by third party partners and providers.
Chinook Webs does not guarantee or warrant the reliability
of this information nor does Chinook Webs recommend any of
these services;
User expressly agrees that use of the E-mail service is at
their sole risk. The E-mail services are provided on an "as
is" and "as available" basis. Chinook Webs
may change the features or functionality of the E-mail services
at any time, in our sole discretion. Chinook Webs expressly
disclaim all warranties of any kind, whether express or implied,
including, but not limited to the implied warranties of merchantability,
fitness for a particular purpose and non-infringement;
Chinook Webs makes no warranty the E-mail services will meet
User's requirements, or that the E-mail services will be uninterrupted,
timely, secure, or error free; nor does Chinook Webs make
any warranty as to the results that may be obtained through
the E-mail service or that defects in the software will be
corrected;
User understands and agrees any material and/or data downloaded
or otherwise obtained through the use of the E-mail service
is done at their own discretion and risk and User will be
solely responsible for any damage to their computer systems
or loss of data that results from the download of such material
and/or data;
Chinook Webs makes no warranty regarding any goods or services
purchased or obtained through the E-mail service or any transactions
entered into through the E-mail service; and
No advice or information, whether oral or written, which
User obtains from Chinook Webs or through the E-mail services
shall create any warranty not expressly made herein.
7. Limitation of Liability. Chinook Webs is not responsible
for any failures, delays, or interruptions in the delivery
of any content or services contained on the Chinook Webs server;
or losses or damages arising from the use of the content or
services provided by Chinook Webs. For greater certainty and
without limitation to the generality of the foregoing:
Chinook Webs liability to User for actual damages for any
cause whatsoever, regardless of the form of action will be
limited to a maximum of the fees paid by User to Chinook Webs,
if any, for the prior 1 months;
in no event will Chinook Webs be liable to User for any indirect,
incidental, or consequential damages arising out of the Service
or in connection with the Site or any other services or products
provided to User;
Chinook Webs, its officers, directors, owners, agents and
employees, shall in no way be liable to User or anyone else
for any loss or injury resulting from use of the Service or
the Site;
in no event shall Chinook Webs be liable for any damages,
whatsoever, as a result of the notifying of any official of
potentially illegal content on the Site, providing copies
of User's said Site to the appropriate officials or cooperating
with law enforcement efforts to locate persons who have posted
content that is illegal or promotes illegal conduct;
In no event shall Chinook Webs be liable for any damages,
whatsoever, as a result of the termination of this Agreement
pursuant to Article 8.
8. Indemnity. User agrees to indemnify and hold Chinook Webs
harmless from and against, and to reimburse Chinook Webs with
respect to, any and all losses, damages, liabilities, claims,
judgments, settlements, fines, costs and expenses (including
reasonable related expenses, legal fees and costs of investigation)
or every nature whatsoever incurred by Chinook Webs by reason
of or arising out of or in connection with (i) any breach
of this Agreement by User; (ii) any infringement of any copyright,
trade-mark, patent, trade secret or any other intellectual
propriety right of any party by content on the Site; or (iv)
illegal, libellous, or defamatory content on the Site.
9. Termination.
Either Chinook Webs or User may terminate this Agreement
at any time upon providing five business days prior notice
to the other party.
Chinook Webs may terminate this Agreement, discontinue the
Service and delete the Site at any time without notice to
User in any of the following circumstances:
i. User violates any term of this Agreement, any municipal,
provincial or federal laws or regulations, or any policy or
guideline set out, from time to time, by Chinook Webs anywhere
on the site www.Chinook Webs.com ;
ii. User engages in conduct or posts material on the Site
that Chinook Webs in its sole discretion believes is harmful
to other Users, the business of Chinook Webs or any third-party;
v. User engages in any activity that could overwhelm the
server with heavy CPU usage or that requires a disproportionate
amount of the resources of the Chinook Webs server;
vi. User disputes the terms of this Agreement or any amendment
set out, from time to time, by Chinook Webs anywhere on the
site www.Chinook Webs.com
vii. Chinook Webs receives any complaints regarding User
or the Site from any other Users or third parties.
In the instance of Chinook Webs shared hosting services the
following conditions apply where this Agreement is terminated
by User:
i. All shared 1 year service packages are subject to an unconditional
30 (thirty) day money-back guarantee. Any service package
cancelled within 30 (thirty) days of initial activation (
not renewals) will be refunded in full less a $25 CDN (twenty-five
Canadian) set-up fee and any additional shipping and handling
charges;
iii. The refund policy described in sub-paragraphs c.i. .
does not apply to any additional services including but not
limited to domain name registration, domain name pointing,
additional e-mail accounts, additional disk storage space
or additional data transfer; or subsequent renewals of web
hosting.
iv. All requests for cancellation must be sent in writing
by facsimile or post to the head office of Chinook Webs. Receipt
of such request will be confirmed by Chinook Webs;
v. Cancellation requests made by telephone or e-mail will
not be accepted by Chinook Webs; and
vi. Any account cancelled or deactivated for violation of
any term of this Agreement is not eligible for refund as described
in paragraph 9c.
vii. Chinook Webs may elect to charge a cancellation fee
if User requests early termination.
Following termination of this Agreement, for any reason,
User agrees not to use the Service or the Site in any manner
or for any reason.
10. Assignability. This Agreement is assignable to a third
party by Chinook Webs, with notice to User. Such notice shall
be made known on the Web site <http://www.Chinook Webs.com>.
11. General.
Consent to Breach Not Waiver. No term or provision of this
Agreement is deemed waived and no breach excused, unless the
waiver or consent is in writing and signed by the party claiming
to have waived or consented. Any consent by any party to,
or waiver of, a breach by the other, whether expressed or
implied, does not constitute a consent to, waiver of, or excuse
for, any other different or subsequent breach.
Governing Law. This Agreement is governed by and construed
in accordance with the applicable laws of the Province of
Alberta and the federal laws of Canada and is treated in all
respects as an Alberta contract.
Severability. If any provision of this Agreement is held
to be invalid, illegal or unenforceable, all other provisions
will nevertheless continue in full force and effect.
Entire Agreement. This Agreement, together with all policies,
guidelines and amendments set out, from time to time, by Chinook
Webs anywhere on the site www.Chinook Webs.com , constitutes
the entire agreement between the parties with respect to the
subject matter of the Agreement and supersedes all previous
negotiations, proposals, commitments, writings and understandings
of any nature whatsoever, whether oral or written.
Survival. Any terms and conditions of this Agreement which
by their nature extend beyond the term or expiry of this Agreement
shall survive the termination or expiry of this Agreement.
This includes, without limitation, Article 6 (No Representations
or Warranties), Article 7 (Limitation of Liability), Article
8 (Indemnity), Article 10 (Assignability) and this Article
11 (General).
Headings. The headings and captions used in this Agreement
are inserted only as a matter of convenience and for reference
and in no way are to be construed as defining, limiting, or
describing the scope or intent of this Agreement.
Remedies Cumulative. Unless otherwise set out in this Agreement
the rights and remedies granted to each party under this Agreement
are cumulative and are in addition to each party's rights
provided by law or otherwise. Each party may exercise its
rights concurrently or separately. The exercise of one remedy
is not deemed an exclusive election of that remedy, nor does
it preclude the exercise of any other remedy.
Counterparts or Electronic Acceptance. This Agreement may
be executed in counterparts, each of which is deemed to be
an original and all of which together are deemed to be one
and the same instrument, or may be executed by indicating
assent through electronic means.
12. Right to Refuse Service. Chinook Webs reserves the right
to refuse services to any User in the event that User does
not abide by the provisions set out in this Agreement. If
Chinook Webs deems the User to be a hindrance on business,
the User will be "blacklisted" and Chinook Webs
will not in the future, provide any services to User. In any
such event, Chinook Webs will give User 15 (fifteen) Calendar
days notice to find another provider for their web hosting
needs.
13. Definitions:
Shared for this context refers to a service that is provided
from a shared server. That is the server may be used to host
multiple clients.
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