AUP Document

Here you will find all the legal to keep iWebServe.Ca a safe place.

By using the Service, you agree to abide by, and require others using the Service via your account to abide by the terms of this AUP. You should consult this document regularly to ensure that your activities conform to the most recent version. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD IMMEDIATELY STOP THE USE OF THE SERVICES AND NOTIFY THE iWebServe.Ca CUSTOMER SERVICE DEPARTMENT SO THAT YOUR ACCOUNT MAY BE CLOSED.

1. Term of Service

iWebServe.Ca an (hereafter referred to as "iWebServe.Ca"), will host a service for you, the purchaser (hereafter referred to as the "Account Holder"), for the Account Holder's chosen service, for the period of time (the "Term") corresponding with the payment plan chosen by the Account Holder. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated prior. Termination of services by the Account Holder must be given in written form, at least 30 days prior to the termination date. Phone notification is not acceptable. For any one of our plans, the full amount paid less any set up fees and overages will be refunded if iWebServe.Ca is notified of your intent to terminate within the first 30 days following activation. No refund is available after the 30th day.

2. No Warranty

iWebServe.Ca's services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. iWebServe.Ca expressly disclaims any representation or warranty that the iWebServe.Ca services will be error-free, secure or uninterrupted. No oral advice or written information given by iWebServe.Ca, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. The terms of this Section will survive any termination of this Agreement.

3. Use of Services

Your node and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography. The Account Holder agrees to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups. Violations of these or any other provisions of this Agreement may result in termination of the services provided by iWebServe.Ca, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of iWebServe.Ca based upon the severity of the violation. iWebServe.Ca reserves the right to refuse service if any of the content within, or any links from, the Account Holder's website is deemed illegal, misleading, or obscene, or is otherwise in breach of iWebServe.Ca's then current "Acceptable Use Policy", in the sole and absolute opinion of iWebServe.Ca. If iWebServe.Ca terminates the services being provided to the Account Holder, such termination shall be without refund. Notwithstanding anything in this Agreement, the content of the Account Holder's website is the sole responsibility of the Account Holder. The Account Holder agrees to indemnify and hold harmless iWebServe.Ca from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred by iWebServe.Ca, (collectively, "Claims") related to or in connection with the content of the Account Holder's website. The terms of this Section will survive any termination of this Agreement.

The following activities are expressly prohibited, and may result in account suspension or termination:

1. Sending unsolicited bulk e-mail (UBE) which advertises a Web site, e-mail account, or other service provided by or through iWebServe.Ca.
2. Making Usenet postings which advertise a Web site, e-mail account, or other service provided by or through iWebServe.Ca, to any newsgroup whose charter does not specifically allow such advertisements.
3. Sending UBE or posting advertisements to Usenet (except where specifically allowed by newsgroup charters) from a service provided by or through iWebServe.Ca.
4. Hosting "spam-friendly" Web sites, including spam software sites.
5. Harassment, whether through content, frequency, or size of e-mail or Usenet messages.
6. Sending e-mail to any person who does not wish to receive it. If a recipient asks to stop receiving email, the Customer must immediately and permanently cease to send that individual any further e-mail.
7. Forwarding or otherwise propagating chain letters or "e-mail hoaxes," whether or not the recipient wishes to receive them, unless such propagation is both solicited and in the clear context of debunking or discrediting chain letters/hoaxes.
8. Transmitting any electronic communication, including e-mail, using the name or address of another person or organization, for purposes of deception.
9. Impersonating another individual by altering source IP address information, or forging e-mail/Usenet headers or other identifying information.
10. Any attempt to fraudulently conceal, forge, or otherwise falsify one's identity in connection with use of the service.
11. Any use of another party's electronic mail server to relay e-mail without express permission.
12. Collecting replies to messages sent from another Internet service provider, where those messages violate this Acceptable Use Policy or any applicable policies of the other provider.
13. Denial of Service, including, but not limited to, any form of Internet packet flooding, packet corruption, or abusive attack intended to impact the proper functioning of any party's Internet servers or services.
14. Using iWebServe.Ca's network, services, or systems to store or send content which is illegal according to the laws of United States of America, the state of California, the city of San Diego, or any International treaties respected by the United States of America, is not permitted for any reason.
Storing or sending any material deemed either illegal or inappropriate for our networks, including but not limited to child pornography, copyrighted images, software, or music, and spam-related materials including mass e-mail lists, is grounds for immediate termination of services. Note also that child pornography including related material, such as simulated child pornography, non-nude child pornography, or sites linking to such material, whether it is determined to be legal or not. Offenses of this nature will be reported to the federal authorities and prosecuted to the fullest extent of the law.
15. Using or storing any type of software which is designed to or is likely to abuse or negatively impact Internet service, including, but not limited to, port scanners, hacking tools, ping flooding programs, security/root exploits, packet sniffers, and spam software. 16. Modifying, changing, or obscuring the MAC (Media Access Control) or IP (Internet Protocol) address(es) of servers or services. Doing so may be considered cause for service suspension or termination.
17. Intercepting or attempting to intercept, through any method, network traffic intended for other customers.
18. Running proxy servers, such as squid or BNC, unless they are available only to users whose verified contact information is known by the proxy operator and can be disclosed to iWebServe.Ca or law enforcement authorities upon request. All usage of such services must be brought to the attention of the iWebServe.Ca security team and cleared by the Security Manager before you begin running such services.
19. Any previous or current behavior, such as the sending of unsolicited e-mail, that results in the addition of iWebServe.Ca to any e-mail blackhole lists, or otherwise negatively impacts the overall services of iWebServe.Ca, is grounds for termination.
20. All e-mail lists operated by our customers, either advertising resources on our networks or being sent through our networks, must conform to the double opt-in standards. For more information regarding double opt-in lists and standards.

4. Price Changes

iWebServe.Ca reserves the right to change, at any time, the prices charged to the Account Holder for the services provided by iWebServe.Ca.

5. Passwords; Account Ownership

The Account Holder is responsible for security of its passwords. iWebServe.Ca will not change passwords to any account without proof of identification, which is satisfactory to iWebServe.Ca, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that iWebServe.Ca will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will iWebServe.Ca be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless iWebServe.Ca from any and all Claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.

6. Services

The Account Holder agrees not to harm iWebServe.Ca, its reputation, computer systems, programming and/or other persons using iWebServe.Ca's services. iWebServe.Ca reserves the right to select the physical server for Account Holder's node for best performance.

7. Transfer of Rights

The Account Holder's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of iWebServe.Ca.

8. SPAM

iWebServe.Ca is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any violation of United States laws relating to Spam, from being sent either: Over the iWebServe.Ca network, by customers or any other users of the iWebServe.Ca network (including customers' customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the iWebServe.Ca server. We also prohibit the selling products that can be used for spamming.

iWebServe.Ca may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy.

If you have any complaints or comments regarding Spam on our network, please direct them via email to abuse[at]virtualservernode.com.

9. Viruses:

iWebServe.Ca accepts no responsibility for viruses that may be transmitted to you via email, ftp, http or any other means of electronic transfer. iWebServe.Ca does provide some virus scanning on its servers. We are monitoring for viruses that could affect our Linux servers, and not viruses that could affect other operating systems or nodes. Therefore, we cannot prevent the transmission of viruses to your computer system via the Internet. It is the responsibility of the Account Holder to ensure they have Virus Software and that it is updated regularly.

10. Traffic Policy:

iWebServe.Ca imposes very generous traffic limits that most sites never reach, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. iWebServe.Ca customers are discouraged from storing any files that cause excessive traffic on iWebServe.Ca servers. Please contact iWebServe.Ca Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.

We reserve the right to charge additional fees for sites that exceed our generous traffic limits. Sites that exceed their traffic limits will be suspended without prior notification if they do not purchase add-on traffic packages.

11. Backups

Backups are responsibility of Account Holder.

12. IP Address

If iWebServe.Ca assigns the Account Holder an Internet Protocol address in connection with the Account Holder's use of the iWebServe.Ca services, the right to use that Internet Protocol address will remain with and belong only to iWebServe.Ca, and the Account Holder will have no right to use that Internet Protocol address except as allowed by iWebServe.Ca in its sole and absolute discretion.

13. Sale of Advertising

If the Account Holder sells or resells advertising or webspace to a third party then the Account Holder will be responsible for the contents of that advertising and the actions of that third party. iWebServe.Ca has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current iWebServe.Ca "Acceptable Use Policy". The e-mail distribution by the Account Holder of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by iWebServe.Ca, iWebServe.Ca may terminate the services being provided to the Account Holder, without refund.

14. Telephone Support

Client agrees to use the Support Center located at http://www.iwebserve.ca/portal for technical support issues. iWebServe.Ca does, however, offer telephone support to clients. Client agrees not to abuse this resource. iWebServe.Ca shall have sole authority to determine violations of this policy and charge accordingly.

15. Limitation of Liability

iWebServe.Ca will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, or human error. In no event shall iWebServe.Ca be liable to the Account Holder for any damages resulting from or related to any failure or delay of iWebServe.Ca in providing access to the Internet under this Agreement. In no event shall iWebServe.Ca be liable to the Account Holder for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of iWebServe.Ca under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive any termination of this Agreement.

16. Account Holder Responsibility

This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A iWebServe.Ca account may not be transferred without prior written approval from iWebServe.Ca. The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder's account, the Account Holder will be liable for any unauthorized use of the iWebServe.Ca services, including any damages resulting therefrom, until the Account Holder notifies iWebServe.Ca's customer service.

17. Entire Agreement

This Agreement constitutes the entire agreement between the Account Holder and iWebServe.Ca with respect to the iWebServe.Ca services and supersedes all prior agreements between the Account Holder and iWebServe.Ca. iWebServe.Ca's failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.

18. Dispute Resolution

The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in San Diego, CA. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.

19 . Indemnification

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law. You agree to use all iWebServe.Ca services and facilities at your own risk. iWebServe.Ca specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall iWebServe.Ca be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold iWebServe.Ca harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against iWebServe.Ca, 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 iWebServe.Ca against liabilities arising out of;

1. any injury to person or property caused by any products sold or otherwise distributed in connection with iWebServe.Ca’s 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 iWebServe.Ca’s server.

iWebServe.Ca shall be the sole judge of what violates this Policy.

20. Use of Account Holder's Name

iWebServe.Ca may include the Account Holder's name and contact information in directories of iWebServe.Ca service subscribers for the purpose promoting the use of the services by additional potential clients. However, iWebServe.Ca is not authorized to print the Account Holder's name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of the Account Holder.

21. Successors and Assigns

This Agreement shall be binding on the parties, and on their successors and assigns, without regard to whether it is expressly acknowledged in any instrument of succession or assignment.

22. Payment Policy and Fees

By signing up for hosting with iWebServe.Ca, you are agreeing that your hosting account will be automatically renewed, and your PayPal Account will be charged (if you are paying by PayPal). Payment is due each anniversary (one month, three months, six months, or one year) following the date the account was established. Your credit card/e-check will be automatically charged on your anniversary (if you are paying by credit card/e-check) unless a cancellation request is submitted by using the cancellation form. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Additional features can be added at any time. Monthly feature prices are not prorated. iWebServe.Ca reserves the right to change prices or plans at any time. NOTE: iWebServe.Ca charges a $25.00 fee for returned checks as well as charge backs. For international customers: check or money order funds must be drawn in US dollars.

Accounts that are thirty (30) days past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.

We may modify any of the terms and conditions contained in this Acceptable Use Policy, at any time and in our sole discretion, by posting a change notice or a new agreement on our website.