Terms and Conditions
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printable version in .pdf format.
Preamble:
1. Elehost Web Design Inc. is formally contracted by The
Customer to host the Customer's web site on the Internet at a
rate specified on sign up in Canadian funds plus applicable
taxes. Payment will be made in advance on a prepayment basis;
quarterly, semi-annually, or annually in the form of cheque,
money order, VISA, MasterCard or AMEX charge payable to Elehost Web
Design Inc.
2. All services provided by Elehost will be determined by the
hosting package selected by the Customer. These services shall
be as outlined in the Elehost Web Design Inc.'s web page, as
well as in it's brochure, and is subject to change at any time
without notice.
3. The Customer will be consulted prior to any server
upgrades or disruptions (causing a loss of web page access) if
it is foreseen that they will be longer than 60 minutes,
unforeseen disasters not pertaining. In the event of an
unforeseen disaster, the Customer will be notified after the
fact of any downtime lasting more than 60 minutes. Elehost is
not responsible for any business lost.
4. All conditions and policies stipulated in the following
pages apply to the Customer, and any failure of the policies can
result in the immediate termination of web hosting services.
These conditions are subject to change; please refer to our web
site for recent updates. It is the sole responsibility of the
Customer to ensure violations of the policies or conditions do
not occur.
Terms, Conditions and Acceptable Use Policy
Use of the words Elehost or Elephanthost in the following
document refers specifically to Elehost Web Design Inc. Elehost
provides Web page hosting, Design, Marketing, Domain
Registration and Development services. All personnel at Elehost
honour their legal and ethical responsibility consistent with
the use of its server and equipment involved in these services.
Elehost's general policy is to act as a provider of Internet
presence. Elehost has specific ethical concerns regarding the
use of its computers as detailed below. Elehost reserves the
right to suspend or cancel a Customer's access to any or all
services provided by Elehost if it makes the decision that the
web site has been inappropriately used.
Any use of any services provided by Elehost constitutes
acceptance by the Customer of these terms and conditions. This
contract will remain valid and binding up to and including the
date which Elehost receives written request for termination of
services.
Elehost will not be responsible for any programming changes
or other work to a Customer's web site and are not responsible
for making our servers compatible with the Customer's web site
or other programs. The Customer will be solely responsible for
uploading and making their web site operational on Elehost's
servers unless the Customer contracts Elehost to make
modifications at our posted hourly programming rates.
1) Specific Unacceptable Use Policies
a) Server abuse
Any attempt to undermine or cause harm to a server, or Customer,
is strictly prohibited.
b) Unauthorized use and illegal activities prohibited by
Elehost:
The use, or attempted use of an Internet account or computer
without the owner's authorization. Such attempts include
"Internet scamming" (tricking other people into
releasing their passwords), password robbery, security hole
scanning etc.
Any unauthorized use of accounts or computers by an Elehost
Customer, whether or not the attacked account or computer
belongs to Elehost, will result in action against the attacker.
Possible actions include, account suspension, cancellation,
civil or criminal legal action, and any other legal means of
recourse depending on the seriousness of the attack.
c) To maintain the integrity of our service the following
limitations apply:
Elehost will be the sole arbiter as to what constitutes a
violation of this provision:
- No commercial advertisements with bulk e-mail.
- Unsolicited commercial advertisements are not allowed in
e-mail, and may result in account suspension or cancellation.
- Commercial advertisements are not welcome in most Usenet
discussion groups and on most e-mail mailing lists. Commercial
advertisements shall be limited to anything not relating to the
Customer as stipulated in the contract and does not pertain to
web pages. Inappropriate posting may result in account
suspension or cancellation. See the newsgroup or mailing list's
charter for whether advertising is allowed or not.
"Spamming," or sending a message to many different
off-topic newsgroups, is particularly unethical and will be
treated as such.
- Sending a message, especially an advertisement, to more than
nine or ten recipients, is by itself spamming unless the
individuals have specifically requested to be added to a mailing
list on that topic. E-mail is a person-to-person medium, not a
broadcast medium.
d) Other Limitations:
- We do not allow clients to install their own chat rooms,
without approval from the Elehost Support Team.
- We may allow programs to run continually in the background.
These are considered on a one-to-one basis and an extra charge
will be incurred based on system resources used and operational
maintenance needed.
- We do not allow IRC or IRC bots to be operated on our servers.
e) Traffic and/or Storage Elehost's hosting packages are
allotted a set amount of bandwidth and disk storage. Should the
Customers web site go beyond these limits, an additional monthly
charge will be levied based on our monthly data transfer and/or
disk storage rate. The intention of Elehost is to provide a
large space to serve web documents, not an off-site storage area
for electronic files. All (95%) of your web pages (html) must be
'linked' with files (.GIF, .JPEG, etc.) stored on Elehost's
servers. Web sites that are found to contain either/or no html
documents, a large number of unlinked files are subject to
warning, suspension or cancellation at the discretion of Elehost
management. Any Customer who exceeds Elehost's Package limits in
abusing either space/site transfer will be notified and given
five (5) days to remedy the problem. If the problem is not
resolved within the allotted five (5) day period, the client
will be billed for over usage or upgraded to a larger package,
whichever is cheaper.
2) Payment Policies
i) Elehost does not charge setup fees for standard hosting
features. All accounts are set up on a pre-pay basis. Domain
registration performed through Elehost for .com, .net, .org,
.info, and .biz addresses is free provided that your site is
hosted with Elehost. There will however be a CDN$25.00 plus GST
charge from Elehost for the registration of the domain name for
each year the domain is used, with a minimum period of one (1)
year (a.k.a. the Internic fee). Domains registered with a .CA
extension will cost $30/year plus GST. The domain registration
service is provided by Tucows Inc., an ICANN and CIRA accredited
domain registrar. Domains must be renewed on or before the date
of expiry to avoid deletion from the DNS records. The expiry
date of your domain does not change regardless of the date of
renewal. Domain registration fees may change at any time without
notice.
ii) All pricing is guaranteed for the term of pre-payment.
The Customer is responsible for all money owed on the account
from the time it was established to the time that the Customer
notifies Elehost in writing for a request for termination of
services. All Prices are in Canadian Currency unless otherwise
stated.
iii) All accounts will either be paid quarterly semi-annually
or annually for hosting services. All Payments are to be made to
Elehost Web Design Inc. in the form of cheque, money order,
VISA, MasterCard or AMEX charge in Canadian funds unless
otherwise stipulated. Payments made for one year will be
eligible for a pre-payment discount. This discount will not be
applied to any refund issued as a result of cancellation of the
account if the cancellation occurs before the pre-pay term has
expired (see section 3 (ii)). The yearly pre-payment discount
does not apply to the Entry level hosting package. Payments made
by cheque or money order will be charged a late payment fee of
five (5) dollars if payment is received more than five (5) days
past the invoice date.
iv) Any payment received late may not be eligible for any
discounts that were assumed or agreed upon as determined by the
sole discretion of Elehost. This includes but is not limited to
reseller and annual pre payment discounts. Any payment received
more than fifteen (15) days late WILL forfeit any discounts
assumed or agreed upon without exception. This forfeiture
will be reflected on the subsequent renewal invoice to the
Customer or as a subsequent invoice as determined by the sole
discretion of Elehost.
v) Accounts will automatically renew at the end of the
pre-pay period and invoicing will be sent via electronic mail
only. No invoices will be sent by fax or standard mail
unless otherwise requested.
vi) Late payments may result in your site being temporarily
disabled without notice. If you site is disabled, it will not be
re-activated until payment has been received. There will be a
reactivation charge of ten (10) dollars if this occurs. It is
the Customers responsibility to ensure that they have made
payment and that Elehost has received that payment.
vii) All prices are quoted in Canadian Funds, unless
otherwise noted.
3) Cancellation
i) Elehost reserves the right to cancel service at any time
and the Customer agrees not to hold Elehost responsible for any
damages as a result of termination. All fees paid in advance of
cancellation will be pro-rated and paid by Elehost to the
Customer if Elehost institutes it's right of cancellation unless
cancellation is a result of the violation of our terms and
conditions, in which case, no refund will be issued for any
reason. Any violation of policies, which results in extra costs,
will be billed to the Customer (i.e. Transfer, space etc.). Any
termination by the Customer of a contract not fulfilled will
result in a pro rated refund amount as determined by the sole
discretion of Elehost. Refunds are calculated using whole month
increments only. Any Cancellation notice that comes after the
renewal invoice has been issued and processed on the Customers
Credit Card will be subject to a ten (10) percent account
processing fee which will be deducted from the refund amount.
The customer is required to request this refund in writing
within thirty (30) days of the written cancellation notice.
Refunds will NOT be issued for any amounts less than thirty (30)
dollars. Accounts not paid within 30 days of the renewal invoice
will be disconnected and deleted from the server.
ii) Any termination by a customer of a site that has been
discounted for annual pre-payment or any other promotion that is
time dependent will forfeit the discounts applied or given and
this will be reflected in the refund payment made by Elehost.
iii) If cancellation is a result of a breach of this
contract, including but not limited to violating the lawful
purpose, no refund shall be issued for any reason. If
cancellation is a result of conducting illegal activities,
official court documents, or a violation of the laws of Canada
or the Country the Customer resides in, no refund shall be
issued for any reason.
4) Lawful Purpose
Elehost reserves the right to refuse service to anyone.
Customers may only use Elehost server(s) for lawful purposes.
Transmission of any material in violation of any International,
Federal, Provincial or Local regulation is prohibited. This
includes, but is not limited to copyrighted material, material
legally judged to be threatening or obscene, and material
protected by trade secrets. Elehost expressly forbids anyone
from using Elehost servers for the propagation, distribution,
housing, processing, storing, or otherwise handling in any way
lewd, obscene, or pornographic material, or any other material
which we deem to be objectionable, including, but not limited
to, pornography, satanic and hate related materials, slanderous,
illegal, offensive and any and all materials of an adult nature.
The designation of any materials as such described above is left
entirely to the discretion of Elehost and its management. If
Elehost deems the site to be in contradiction to its own morals,
obligations and/or lawful purpose, a minimum fine of $500 will
be charged to the Customer's credit card and service will be
terminated with or without prior notice.
5) Indemnification
i) Customer agrees that it shall defend, indemnify, save and
hold Elehost harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable attorney's fees
asserted against Elehost, its agents, its customers, officers
and employees, that may arise or result from any service
provided or performed or agreed to be performed or any product
sold by the Customer, it's agents, employees or assigns.
Customer agrees to defend, indemnify, save and hold Elehost
Harmless from any harm caused by the loss or disruption of
service including but not limited to downtime, and missing or
lost email. Customer agrees to defend, indemnify, save and hold
Elehost harmless against liabilities arising out of; (1) any
injury to person or property caused by any products sold or
otherwise distributed in connection with Elehost's servers; (2)
any material supplied by the Customer infringing or allegedly
infringing on the proprietary rights of a third party; (3)
copyright infringement (4) trademark infringement and (5) any
defective products sold to a user from Elehost's server.
ii) The laws of the Province of Ontario and the Federal laws
of Canada applicable shall govern this agreement. Elehost and
the Customer agree to attorn to the jurisdiction of the courts
of Ontario located in Metropolitan Toronto.
6) Disclaimer
i) Elehost will not be responsible for any damages a business
may suffer. Elehost makes no warranties of any kind; expressed
or implied, for services it provides. Elehost disclaims any
warranty or merchantability or fitness for a particular purpose;
this includes, but is not limited to, loss of data or email
resulting from delays, non-deliveries, wrong delivery, and any
and all service interruptions caused by Elehost and its
employees. Elehost will not be responsible for providing
computer equipment to the Customer for any purpose whatsoever.
Elehost reserves the right to revise its policies terms and
conditions at any time, and from time to time.
ii) Failure to perform or follow any term or condition will
be grounds for immediate account deactivation.
Signed: The Customer
Click here to download a
printable version in . pdf format.
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