Hosting Terms & ConditionsLegal Stuff
Website Hosting Terms & Conditions.
I.W.S. Internet Web Solutions agrees to provide, and Client agrees to receive, access to the Web Hosting and related Services according to the following Terms and Conditions:
1.0 The Client is the person or entity who is applying or who is receiving Web Hosting Services from I.W.S. Internet Web Solutions.
1.1 The Web Hosting Service is provided on an “AS IS, AS AVAILABLE” basis. I.W.S. Internet Web Solutions gives no warranty, express or implied, for the Web Hosting Services provided this no warranty expressly includes any reimbursement for losses of income due to disruption of services by I.W.S. Internet Web Solutions or its providers beyond the fees paid by client to I.W.S. Internet Web Solutions and for services.
1.2 Client will use the Web Hosting Services in a manner consistent with any and all applicable laws of the Province of British Columbia and Canada.
1.3 Use of any information obtained by way of I.W.S. Internet Web Solutions is at Client’s own risk, and I.W.S. Internet Web Solutions holds no liability for such use.
1.4 I.W.S. Internet Web Solutions is not responsible for any damages arising from Client’s use of I.W.S. Internet Web Solutions or by Client’s inability to use the Web Hosting services for any reason.
1.5 While I.W.S. Internet Web Solutions shall make every reasonable effort to protect data stored on Client’s Server(s), I.W.S. Internet Web Solutions is not responsible for Client’s Data, files, or directories residing on I.W.S. Internet Web Solutions ’s equipment. Client is solely responsible for maintaining data, file, and directory structure backups.
1.6 The customer is required to provide I.W.S. Internet Web Solutions with correct and up to date contact details for billing and technical notification purposes. I.W.S. Internet Web Solutions takes no responsibility for disruption to services due to inability to contact the customer.
2.0 Client agrees to a once off set up fee and an Annual Payment as agreed (dependant on chosen hosting package) for Web Hosting Services. In addition setup fees may be charged for additional services as per prices indicated at www.iwsdesign.net. If the Client exceeds the transfer limit imposed by their chosen hosting package, the Client will be required to upgrade their service to a package with a greater transfer limit.
2.1 Payment can be made by bank transfer only and in accordance with the terms on the I.W.S. Internet Web Solutions invoice which will be forwarded to Client by mail.
2.2 I.W.S. Internet Web Solutions reserves the right, in its sole discretion, to deactivate the Clients Web Hosting account(s) upon an indication of credit problems including delinquent payments.
2.3 A late charge of $10.00 AUD will be applied after 7 days from the due date of any late Annual Payment. If payment is not received by I.W.S. Internet Web Solutions within 10 days of the due date, I.W.S. Internet Web Solutions has the option of terminating the Client’s Web Hosting Services.
3.0 I.W.S. Internet Web Solutions reserves the right to modify these Terms and Conditions in any way and as required. Notice of such changes will be delivered to users via postings on I.W.S. Internet Web Solutions Web Site only. Continued usage of Web Hosting Services indicates your acceptance of the Terms and Conditions in their amended form.
Trademarks and Copyrights
4.0 Client warrants that it has the right to use the applicable trademarks of Client, and grants to I.W.S. Internet Web Solutions the rights to use such trademarks, if any, in connection with I.W.S. Internet Web Solutions ’s promotion of, referencing of, cataloguing of, or indexing of I.W.S. Internet Web Solutions ’s Web Hosting clients.
4.1 Client hereby agrees that any material submitted for publication on I.W.S. Internet Web Solutions through Web Hosting Services received by the Client will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libellous or harmful.
Hardware, Equipment, and Software
5.0 Client is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access the Web Hosting Services. I.W.S. Internet Web Solutions makes no representations, warranties, or assurances that Client’s equipment will be compatible with I.W.S. Internet Web Solutions ’s Services.
6.0 Users of Internet and electronic forums should be considerate of the expectation and sensitivities of others on the network when posting material for electronic distribution. The network resources may not be used to impersonate another person or misrepresent authorisation to act on behalf of others or I.W.S. Internet Web Solutions . All messages transmitted via I.W.S. Internet Web Solutions ’s service should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or postings. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorised access.
6.1 Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. I.W.S. Internet Web Solutions is not liable for protection or privacy of electronic mail or other information transferred throughout the Internet or any other network I.W.S. Internet Web Solutions or its customers may utilise.
6.2 Use of distribution lists via unsolicited electronic mail or other electronic mailings is strictly prohibited. I.W.S. Internet Web Solutions reserves the right to deactivate the Client’s Web Hosting account(s) upon an indication of such activity. Client hereby agrees to indemnify and hold harmless I.W.S. Internet Web Solutions from any claim resulting from the Client’s or another party’s use of electronic mail service(s) on the Clients Web Hosting account(s).
7.0 Client may cancel the Web Hosting Services upon the conditions that requests for cancellation must be made in writing with 30 days prior notice and sent to I.W.S. Internet Web Solutions. Cancellation will not take effect until received. The used pro-rata time portion of Annual Payment that has been made is not refundable unless cancellation is requested in the first thirty (30) days. Hosting fees are not refundable.
7.1 I.W.S. Internet Web Solutions reserves the right to suspend Web Hosting Services without notice for any unpaid or partially paid balances. The Client is responsible for any legal fees incurred for the collection of any unpaid amounts.
7.2 Mass unsolicited/unwelcome mailing (“Spamming”) is strictly prohibited. Any Client found to be Spamming will have their Web Hosting Services immediately terminated and find themselves billed for any unpaid balances as well as for any damages that occur as a result of their action.
8.0 Client may terminate services within the first thirty (30) days from activation of the hosting account and receive a full refund excluding the setup fee. Domain names are not refundable.
END TERMS AND CONDITIONS
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