Web Hosting T.O.S
TOS (Terms Of Service)
THIS AGREEMENT BETWEEN AB Computer Consulting WEB HOSTING SERVICES, (hereinafter referred to as “AB Computer Consulting”) and Account Holder (hereinafter referred to as “User”) and our “Terms of Service” (“TOS”), which may be updated by us from time to time. AB Computer Consulting will make an effort to notify you via the email you had provided. AB Computer Consulting reserves its rights to amend the TOS without notice to you.
AB Computer Consulting Liability
AB Computer Consulting makes no warranties of any kind, expressed or implied, for the service it is providing. AB Computer Consulting also disclaims any warranty of merchantability or fitness for a particular purpose. AB Computer Consulting will not be responsible for any damages you may suffer. This includes loss of data resulting from delays, nondeliveries, misdeliveries or service interruptions caused by the negligence of you or of AB Computer Consulting, errors or omissions, or due to inadvertent release or disclosure of information sent by you.
WHEREAS AB Computer Consulting provides the service (the “Service”) of hosting World-Wide-Web sites in exchange for valuable consideration by the 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) AB Computer Consulting and User agree as follows:
- The Service. AB Computer Consulting agrees to provide User with storage space on the AB Computer Consulting servers for the purpose of hosting a world-wide-web site (the “Site”) in the prescribed amount stated on AB Computer Consulting. Where the user signs up to the AB Computer Consulting plans, user agrees to be bound by the terms of service.
- Limitations. The Service is subject to the following limitations:
CPU Resources. User acknowledges that the Service is provided on shared server environment and agrees not to engage in any activity that could overwhelm the servers (cPanel) with heavy CPU usage or that requires a disproportionate amount of the resources of the AB Computer Consulting servers, including without limitation, use of highly active CGI scripts or chat scripts.
User shall not include content, or internet links to content on the Site that contain, promote or involve any of the following:
– Any infringement of copyright (using pictures or written content without owners permission), trademark, patent, trade secret or other intellectual property right.
– nudity or pornography.
– content that exploits children under 18 years of age.
– hate propaganda;
– racist, threatening, or otherwise abusive, or offensive content.
– the promotion or incitement of, or instruction for, the commission of illegal activities. – mail fraud, multi-level marketing (pyramid) schemes or any other fraudulent activities such as web sites designed for Phishing, bank scamming, identity theft or any other criminal activities. Anyone setting up such sites on our servers will have the accounts terminated without notification to the parties involved and all monies paid towards the hosting fees shall be surrendered to AB Computer Consulting with absolutely no refunds to the person (s) that originally registered the account with AB Computer Consulting. These funds will be held in trust until such time as it is determined whether a stolen credit card was used to purchase our services. Copies of all related emails, correspondence, such as Western Union payment, credit card payment receipts, checks, money orders, and all web site emails, and site files will be turned over to the authorities..
– content promoted through the sending of unsolicited e-mail (also known as spamming).
– sending of unsolicited e-mail (spam) from the AB Computer Consulting servers, or any other servers that refers to content on the AB Computer Consulting servers, or sending such e-mail with a AB Computer Consulting hosted Web site listed as the contact address.
– warez, cracks, hacks, spam software & their associated utilities.
– information or other material that contains a virus, corrupted data or any other harmful or damaging component.
- User agrees that AB Computer Consulting is not responsible for content on pages hosted on member sites and acknowledges that AB Computer Consulting does not endorse or verify any such material.
- 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 Sites. This also means any persons contracted by the user to maintain and update their websites.
Notice to Officials. If AB Computer Consulting determines that National, International, law enforcement officials should be notified regarding potentially illegal content on the Site. User agrees that AB Computer Consulting may provide copies of User’s web pages to the appropriate officials without notice to user. AB Computer Consulting will cooperate with all law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct. If it is deemed that the users site/directories contain any illegal files that can be used to hack into servers or programs or even provide links to download such material, we will immediately delete the users website account and the registered user WILL NOT BE REFUNDED for any monies paid in advance on the account and the user can and will be held liable for any expenses incurred by AB Computer Consulting to restore /repair any damages caused by the registered user, and furthermore all files recovered by AB Computer Consulting from the clients directory will be copied to cd and can be made available to authorities if we deem that legal action is required to be taken against the user and will provide authorities with the cd containing the users files as well as all log files showing the users activities on the server.
Policies and Guidelines. User agrees to abide by all policies or guidelines, together with any amendments thereto, set out, from time to time, by AB Computer Consulting anywhere on the sites AB Computer Consulting.
Bandwidth. USER agrees to be bound by the restrictions pertaining to allowable bandwidth data transfer on a per-month basis as stated on AB Computer Consulting.
Where USER exceeds the bandwidth limit, the AB Computer Consulting accounting department will contact USER and offer USER the option to either upgrade USER’s plan or reduce bandwidth usage. AB Computer Consulting will reasonably cooperate with USER in such instances.
However, if USER refuses to either upgrade USER’s plan or reduce bandwidth usage, AB Computer Consulting will have the right to deactivate USER’s Web site with no compensation to USER.
- In the instance of AB Computer Consulting Web Mail, 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 AB Computer Consulting 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 AB Computer Consulting.
(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 3. of this Agreement.
Account Size. User’s e-mail box may store no more than the prescribed amount stated on AB Computer Consulting. When User’s account approaches the maximum email box size, AB Computer Consulting 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. AB Computer Consulting 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.
AB Computer Consulting 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. AB Computer Consulting 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.
AB Computer Consulting will not intentionally monitor or disclose any of User’s email messages or registration data unless AB Computer Consulting believes in good faith that AB Computer Consulting is required to do so
(i) to enforce these Terms of Service.
(ii) by law.
(iii) to defend AB Computer Consulting in any action, or
(iv) to protect AB Computer Consulting’s property.
Additionally, User must agree to respect the privacy and confidentiality of others. Since privacy is, in part, a function of User’s passwords, AB Computer Consulting encourages user to change passwords frequently and to not share them with anyone.
Registration Data. User agrees to provide AB Computer Consulting 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 AB Computer Consulting 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 AB Computer Consulting, all email, including any attachments will automatically be deleted.
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. USER is restricted to e-mailing a maximum of 1000 messages per day. Where USER exceeds their daily limit, outgoing USER e-mail will be suspended indefinitely.
- Amendments. User agrees to be bound by any amendments to this Agreement that are set out, from time to time, by AB Computer Consulting anywhere on the sites AB Computer Consulting
- 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:
AB Computer Consulting 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.
AB Computer Consulting 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.
AB Computer Consulting makes no representations, warranties or guarantees with regards to server reliability, speed or consistency.
AB Computer Consulting 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.
AB Computer Consulting may link to or include on its Web resources, information provided by third party partners and providers. AB Computer Consulting does not guarantee or warrant the reliability of this information nor does AB Computer Consulting recommend any of these services as they are provided as resources only.
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. AB Computer Consulting may change the features or functionality of the e-mail services at any time, in our sole discretion.
AB Computer Consulting 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.
AB Computer Consulting 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 AB Computer Consulting 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.
AB Computer Consulting 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.
No advice or information, whether oral or written, which User obtains from AB Computer Consulting or through the e-mail services shall create any warranty not expressly made herein.
- Limitation of Liability. AB Computer Consulting is not responsible for any failures, delays, or interruptions in the delivery of any content or services contained on the AB Computer Consulting servers; or losses or damages arising from the use of the content or services provided by AB Computer Consulting.
For greater certainty and without limitation to the generality of the foregoing:
AB Computer Consulting 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 AB Computer Consulting, if any, for the prior 12 months.
In no event will AB Computer Consulting 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.
AB Computer Consulting, 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 (s).
In no event shall AB Computer Consulting 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 AB Computer Consulting be liable for any damages, whatsoever, as a result of the termination of this Agreement with the User.
7. Indemnity. User agrees to indemnify and hold AB Computer Consulting harmless from and against, and to reimburse AB Computer Consulting 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 AB Computer Consulting by reason of or arising out of or in connection with
(1) any breach of this Agreement by User.
(2) 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
(3) illegal, libelous, or defamatory content on the Site.
Either AB Computer Consulting or User may terminate this Agreement at any time upon providing five business days prior notice to the other party.
AB Computer Consulting may terminate this Agreement, discontinue the Service and delete the Site at any time without notice to User in any of the following circumstances:
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 AB Computer Consulting anywhere on the sites AB Computer Consulting
User engages in conduct or posts material on the Site that AB Computer Consulting in its sole discretion believes is harmful to other Users, the business of AB Computer Consulting or any third-party.
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 AB Computer Consulting servers.
User disputes the terms of this Agreement or any amendment set out, from time to time, by AB Computer Consulting anywhere on the sites AB Computer Consulting
AB Computer Consulting receives any complaints regarding User or the Site from any other Users or third parties.
The refund policy described in AB Computer Consulting’s 30 day policy 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 and User will maintain ownership of said domain name and may transfer name to a third party.
All requests for cancellation must be sent in writing by facsimile or post to the head office of AB Computer Consulting. Receipt of such request will be confirmed by AB Computer Consulting.
Cancellation requests made by telephone or e-mail will be accepted by AB Computer Consulting and any account cancelled or deactivated for violation of any term of this Agreement is not eligible for refund as described in aforementioned paragraphs.
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.
- Assignability. This Agreement is not assignable to a third party by AB Computer Consulting, with notice to User.
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.
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 AB Computer Consulting anywhere on the sites AB Computer Consulting , 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 5 (No Representations or Warranties), Article 6 (Limitation of Liability), Article 7 (Indemnity), Article 9 (Assignability) and this Article 10 (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.
- Payment Policies. In the instance of the AB Computer Consulting plans, the following provisions apply:
Payment. Payment must be made in full for the entire term selected prior to account activation.
Billing Cycle. All AB Computer Consulting hosting accounts are setup on anniversary billing cycles. User’s billing cycle corresponds to contract length initially chosen during setup. User’s account will automatically renew at this length. Dormant Accounts. User accounts that remain unpaid after expiry date will be considered dormant and hosting service will be suspended until payment has been made.
Automated Billing. If in the future we have implemented automated billing, and the user enables automated billing option, user’s credit card will be billed 5 days prior to expiry date. If credit card fails, e-mail notification will be sent to user and account will be switched to manual billing. User will then be responsible for submitting payment manually. If payment is not submitted by date of expiry, account will fall into dormant status.
- Right to Refuse Service. AB Computer Consulting 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 AB Computer Consulting deems the User to be a hindrance on business, the User will be “blacklisted” and AB Computer Consulting will not in the future, provide any further services to User.
In any such event, AB Computer Consulting will give User 15 (fifteen) Calendar days’ notice to find another provider for their web hosting needs.