1) GENERAL:
By using
Get Web Hosting web services, you agree to abide by these terms and conditions outlined including additions and alterations that may be made in the
future. Our Terms and Conditions of Use policy is one of zero tolerance.
We reserve the right to immediately discontinue services without liability,
refund or continuance of any prepaid service fees. By using Get Web Hosting
services, you constitute your approval of our policy.
2) BILLING
- GENERAL:
All accounts
are invoiced on a pre-pay basis. Accounts may be paid by cheque or direct deposit. A reasonable amount of time is allowed for payment of accounts. Accounts not paid after 3 months from the date of invoice may be suspended at the sole discretion of Get Web Design and Hosting without any notice or liability on the part of Get Web Design and Hosting. Accounts not paid after 3 months from the data of invoice may be referred to a debt collection agency and any fees incurred in the recovery of debt will be added to the amount due.
3) BILLING
TERM:
Get Web Hosting services are charged quarterly. Invoices will be emailed when payment is due. Payment is due immediately on receipt of invoice.
4) CANCELLATIONS:
If for any reason you choose to discontinue using our services you may receive
a pro rata refund back to your chosen cancellation date providing your account is in credit. Costs associated with a cancellation such as transferring of domains or saving/forwarding data may be deducted from any refund or charged if the refund does not sufficiently cover these costs. If transfering to
another host be sure to allow at least two days for DNS transfers to take place.
Get Web Hosting can not be held responsible for any of your content left on our
servers once your account is closed.
5) CONTENT:
You will
not in any way use html, java or perl code that will result in unnecessary
traffic nor will you install any client side applications that will result
in excess traffic. The intent of Get Web Hosting is to provide space to
serve web documents, not as an off-site storage area for electronic files.
You will also not misrepresent the site in such a way that will result
in needless traffic. Some examples of unacceptable content or links include:
pirated software, hacker programs or archives, Warez sites, Spamware,
Copyrighted MP3s and IRC bots. Get Web Hosting does not support; (i) sexually
explicit, obscene or pornographic content (whether in text or graphics);
(ii) speech or images that are offensive, profane, hateful, threatening,
harmful, defamatory, libelous, harassing, discriminatory (whether based
on race, ethnicity, creed, religion, gender, sexual orientation, physical
disability or otherwise) or that promote any illegal activity; and/or
(iii) graphic violence. We will terminate any account that does not conform
to these requirements. Get Web Hosting reserves the right to terminate any
account, for any reason, without prior notice or warning.
6) E-MAIL:
You will
not send out advertising e-mail, unsolicited bulk e-mail (UBE) or Spam,
nor do anything that will result in excess mail traffic. You will not
use your E-mail account to receive large files or programs over 5 MBs
in size. Unsolicited advertising via e-mail or newsgroups is prohibited
and will result in immediate account termination without compensation.
Spamming, including (but not limited to) mass e-mailing, cross posting,
or otherwise causing abuse to others on the Internet is prohibited and
will be grounds for account termination without compensation. If you use
the services of another provider to promote a web site hosted by or through
Get Web Hosting, then the provisions of the above Policy shall apply as
if the unsolicited e-mail were sent through our servers.
NOTE: Any accounts caught Spamming, or running Spam scripts, will be charged
a $200 clean-up fee.
8) ILLEGAL
ACTIVITY:
Illegal activities,
to include; unauthorized distribution or copying copyrighted software,
violation of NZ export restrictions, harassment, fraud, trafficking in
obscene material, and other illegal activities will be reported to all
regulatory, administrative and/or governmental authorities. Get Web Hosting
reserves the right to report all such activities.
9) ACCESS:
Access to
our servers is for the express purpose of setting up and managing your
web site and e-mail. You are not to use the access to compile or run programs
that do not directly relate to the web site. You will not view or attempt
to modify files that do not belong to you. It is a crime to access any
information in the non-public part of a computer regardless of damage
or security of the information. Any actions construed to be negligent
or malicious attack is strictly prohibited.
10) RESOURCE
USAGE:
Get Web Hosting
enforces a strict policy on resource use that all accounts must abide
by. In order to keep our servers running at optimal levels, any sites
running a process that requires more than 8Mb of memory, more than 30
CPU seconds, or uses more than 10% of all available system resources at
any time will be required to move up to a dedicated solution or be hosted
elsewhere. Web sites requiring the following are also limited and may
not even be allowed at all:
- High
CPU-use CGI Scripts - CGI script sharing with domains not hosted
by Get Web Hosting is not permitted. Any CGI-scripts deemed to be adversely
affecting server performance or network integrity will be shut down
without prior notice. If your web site has been shut down at another
web host for high CGI resource use, you will certainly be shut down
here as well. We will not allow a user's web site to affect the other
web site owners on our servers.
- CGI-based
Chat Rooms - Get Web Hosting does not allow customers to install
their own CGI-based chat rooms. Chat rooms tend to require significant
system resources and therefore cannot be permitted as an account option.
Get Web Hosting does offer Java-based chat for its customers for an additional
fee.
- CGI-based Forums - Get Web Hosting does not allow customers
to install their own CGI-based Forums. YaBB and Ultimate Bulletin Board
Forums tend to require significant system resources and therefore cannot
be permitted. Get Web Hosting recommends vBulletin or phpBB.
- Background
Running Programs and Cron Jobs - Get Web Hosting may allow programs
to run in the background. These programs will be considered on an individual
basis. Customers will not be allowed to execute a cron more then once
per hour with Get Web Hosting. If you wish to run background programs
please contact us so that we can arrange set-up.
- IRC
- Get Web Hosting does not allow IRC or IRC bots to be operated on our
servers.
- Webcams
- Get Web Hosting does not allow web-cams to be refreshed more then
once in a 5 minute period. If you require a refresh rate quicker then
5 minutes, you will need to host your site on a Virtual Dedicated Server.
- Hotlinking
- Get Web Hosting does not allow hotlinking of any kind (whether
hosted by Get Web Hosting or hosted elsewhere). This includes using your
site to host images or content that is being used in HTML e-mails sent
in bulk.
11)
BANDWIDTH POLICY:
A generous allowance of bandwidth is included in the hosting price. A
customer who regularly exceeds this allowance will be charged accordingly.
Note some activities demand a higher bandwidth usage. These include the
following:
- Web Portals/Communities/Forums
- Any sites that have members and/or forums.
- Online
Gaming - Includes online casinos and single/multiplayer online games.
- Image
Galleries - Includes eBay or other online auction image dumps.
- Downloads
- Any site that prompts for a download or has large applets.
- Audio/Video
- Any streaming content, web-cams or audio/video downloads.
- Chat -
Includes PHP and Java chat rooms. CGI-based chat is not allowed on our
servers.
- Subdomains/Site
Redirections - Any sites using our subdomain feature or our web site
redirection service to a subdirectory.
14) TRADEMARK
AND COPYRIGHTS:
You hereby
agree and warrant that any material submitted for publication or use through
your account(s) will not violate or infringe any copyright, trademark,
patent, statutory, common law or proprietary rights of others, or contain
anything libelous or harmful, and you indemnify Get Web Hosting as to the
same.
15) PRIVACY
POLICY:
When you
visit our Web site, we do NOT collect your e-mail address(es), aggregate
information on what other pages on the Web you have accessed or visited,
user-specific information on what pages you access or visit unless volunteered.
Information volunteered by the consumer, such as survey information, online
sign ups, and/or site registration will never be released. When using
our services, we agree to NEVER release your e-mail addresses(es), domain
names, and/or any other personal information to anyone at any time. For
your privacy, we will also not reference any domain names we host.
16)
BACK-UPS:
Full back-ups are made weekly, and back-ups of new/changed data made nightly.
No guarantees are made of any kind, either expressed or implied, as to
the integrity of these back-ups. Back-ups are made for server restoration
purposes only. It is the clients' responsibility to maintain local copies
of their web content and information. A "Back-Up/Restore" feature
is included with each hosting plan and a client can use this tool to back
up their files. If loss of data occurs due to our error,
we will attempt to recover the data for no charge to the client. If data
loss occurs due to negligence of a client in securing their account or
by an action of the client, Get Web Hosting will attempt to recover the
data from the most recent archive for a $60.00 fee.
17)
ACTIONS TAKEN :
The failure
by a customer to meet or follow any of the Terms and Conditions of Use
is grounds for account termination. Get Web Hosting will be the sole arbiter
as to what constitutes a violation of the Terms and Conditions of Use.
Get Web Hosting reserves the right to remove any account without prior notice.
When Get Web Hosting becomes aware of an alleged violation of its Terms
and Conditions of Use, we will initiate an investigation. During the investigation,
Get Web Hosting may restrict a customer's access in order to prevent further
potentially unauthorized activity. Depending on the severity of the violation,
Get Web Hosting may, at its sole discretion, restrict, suspend, or terminate
a customer's account and/or pursue other civil remedies. If such violation
is a criminal offense, Get Web Hosting will notify the appropriate law enforcement
authorities of such violation.
Get Web Hosting
does not issue credits for outages incurred through service disablement
resulting from Terms and Conditions of Use violations. Get Web Hosting does
not issue refunds for accounts terminated for Terms and Conditions of
Use violations.
18)
WARRANTEES:
This service is provided as is. Use it at your own risk. There are no warranties of
any kind expressed or implied, including warranties of salability or fitness
for any particular purpose. Get Web Hosting is not responsible for hardware
or software damage, loss of wages, or any other financial or personal
loss resulting from the use of, or inability to use, this service. No
oral advice or written information given by Get Web Hosting, its employees,
licensors or the like, will create a warranty; nor may you rely on any
such information or advice. Get Web Hosting and its partners and suppliers
will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
19) INDEMNIFICATION:
The customer
agrees that it shall defend, indemnify, save and hold Get Web Hosting harmless
from any and all demands, liabilities, losses, costs and claims, including
reasonable attorney's fees asserted against Get Web Hosting,
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 customer, it's agents, employees or assigns. Customer
agrees to defend, indemnify and hold harmless Get Web Hosting
against liabilities arising out of; (1) any injury to person or property
caused by any products sold or otherwise distributed in connection with
Get Web Hosting'
Server; (2) any material supplied by customer infringing or allegedly
infringing on the proprietary rights of a third party; ( 3) copyright
infringement and (4) any defective products sold to customer from Get Web Hosting'
server.
20)
CHANGES:
Get Web Hosting
reserves the right to modify or otherwise amend this policy without prior
notice or warning