WebsiteServices.ca Terms of Service
At WebSiteServices.ca, we value our customers and wish to provide them with a positive experience. To offer you the best service possible, all customers need to follow the same rules and guidelines. These policies are intended to make WebSiteServices.ca service available to all our customers as consistently and efficiently as possible.
All services may be used for lawful purposes only. Through WebSiteServices.ca Service, you may have access to chat areas, bulletin boards, web pages, email, or other services that enable you to send or post materials (“content”) and make that content available to others. You must not submit, publish, or display on the Network any defamatory, inaccurate, abusive, obscene, infringing, or threatening content. In addition, you may not submit, publish, or display any content that violates any Canadian or US Federal, Provincial or State, or Local law. You are solely responsible for the content you make accessible through the WebSiteServices.ca Network. You may not use the Service to assist any other person or entity to violate any Federal, Provincial or State, or Local laws, ordinances, or regulations. WebSiteServices.ca is not obligated to monitor the network to examine available content. You hereby acknowledge that if we are made aware of content that is determined to be, in its sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, WebSiteServices.ca has the right, but not the obligation, to edit, remove or deny access to such content. WebSiteServices.ca may disclose any content or records concerning customer’s account as required to satisfy any law, regulation, governmental request or court order. Pornography and sex-related merchandising are prohibited on all WebSiteServices.ca servers. This includes sites that may infer sexual content, display nudity, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to WebSiteServices.ca servers or any other server on the Internet. Links to such materials are also prohibited. In addition, any site selling or promoting bulk email service is not allowed. Below are some examples of non-acceptable content or links:
· Adult Sites – Any erotic or pornographic material, links to adult sites, or advertisements for adult sites.
· Pirated Software (Warez) – Any software that is copyrighted and not freely available for distribution without cost; i.e. ROMs, ROM Emulators and MPEG Layer 3 files (MP3).
· Copyright Violations – Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer.
· Hacking/Phreaking – Includes sites with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that promotes or participates in willful harm to Internet sites or providers.
Network Security Customers may not use the WebSiteServices.ca Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. WebSiteServices.ca will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
CGI Scripts Each WebSiteServices.ca account comes fully equipped with its own pre-configured CGI-Bin. Customers are free to use any CGI-scripts provided with their account or add any additional ones they require. Any CGI-scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice. CGI-script sharing with domains not hosted by WebSiteServices.ca is not allowed.
Chat Rooms WebSiteServices.ca prohibits its customers from installing outside chat rooms on their domain, as these tend to be a resource problem. WebSiteServices.ca does provide its customers a choice of Java chat rooms to choose from for a nominal monthly charge. These chat rooms were designed to meet the growing needs of customers and function without hindering the performance of the servers for others.
Server Resources Any web site that uses a high amount of server resources (such as, but not limited to CPU time, memory usage, and network resources) will be given an option of either upgrading their service level or reducing the resource used to an acceptable level.
Background Running Programs Background daemons in general are prohibited. WebSiteServices.ca will consider requests on a per-application basis. If allowed, extra charges will be assessed based on resource requirements for system maintenance.
IRC WebSiteServices.ca currently prohibits its customers from operating IRC or IRC Bots on any of the servers in the WebSiteServices.ca Network.
Commercial Advertising/ Mass Mailings You must not use the WebSiteServices.ca Network, WebSiteServices.ca equipment or any WebSiteServices.ca email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the WebSiteServices.ca Network, WebSiteServices.ca equipment or any WebSiteServices.ca email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one’s email address accessible to the public will not constitute a request or invitation to receive messages. If you are found to have spammed, without warning, WebSiteServices.ca reserves the right to disable your domain. In addition, WebSiteServices.ca may impose a $100 penalty for each spam policy violation. WebSiteServices.ca solely reserves the right to refuse or cancel service to known spammers. Lastly, WebSiteServices.ca reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
Distribution and/or Transmission of Obscene or Indecent Speech or Materials
Violation of indecency and obscenity laws can result in criminal penalties Intellectual Property Rights Material accessible to you through WebSiteServices.ca Services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the WebSiteServices.ca Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the WebSiteServices.ca Network. If you use a domain name in connection with the WebSiteServices.ca Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Defamation Defamatory speech distributed over the Internet can result in civil liability for the defamer.
Refusal of Service WebSiteServices.ca reserves the right at its sole discretion to refuse or cancel service.
Violation of any of WebSiteServices.ca Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.
Service Cancellation To authenticate a cancellation request, you must fill out the Online Cancellation Form. If this is not possible, you may fax the notice to 705-866-0695 or mail the cancellation notice to Web Site Services, 28 Anna Rd, Whitefish, Ontario P0M 3E0, Canada. You must include your account email address, account name, account password and the domain on which you want to cancel the hosting. We cannot accept cancellation requests over the phone for security reasons.
Indemnification Customer agrees that it will protect, indemnify, save and hold WebSiteServices.ca harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney’s fees assessed against WebSiteServices.ca, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it’s customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold WebSiteServices.ca harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with WebSiteServices.ca Services; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a customer from WebSiteServices.ca ‘s Services.
Disclaimer WebSiteServices.ca will not be responsible for any damages your business may suffer. WebSiteServices.ca makes no warranties of any kind, expressed or implied for services we provide. WebSiteServices.ca disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by WebSiteServices.ca and its employees. WebSiteServices.ca reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.
WebSiteServices.ca furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer’s failure to comply with those laws will violate this policy. Finally, WebSiteServices.ca wishes to emphasize that in accepting services, customers indemnify WebSiteServices.ca for the violation of any law or WebSiteServices.ca policy that results in loss to WebSiteServices.ca or the bringing of any claim against WebSiteServices.ca. This means that if WebSiteServices.ca is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against WebSiteServices.ca, plus costs and reasonable attorneys’ fees.
Last Revision 03/09/2006