In order to use our services you agree to the following terms. You
may not use our services if you do not agree.
APPLICATION
These terms and conditions apply to any individual or organization
using our services. They are applied to you as an account holder whether
you use one or several accounts. For instance; if you are in default
on one domain we may suspend service to all domains in your name at
our sole discretion. All resellers and their customers must adhere to
the policies.
15 DAY FREE TRIALS
You understand that if no content is uploaded to the web site within
5 days, the free trial will be terminated at our discretion.
Unless you are leasing a dedicated server, you are being hosted in a shared server environment
and as such we require that your server usage does not
impact on others. This includes using excessive
resources and custom scripts which may cause excessive
server resource usage.
We may at our option install
certain products to assist our clients at their request
but we do not guarantee the functionality of those
products, nor are we obligated to make such
installations. The software and services available on
our servers are offered on an as-is basis and are
functional in the vast majority of applications.
In the event that customers are running any type of
program or service, regardless of the origin of that
program or service, that is negatively impacting on
other clients, we reserve the right to suspend service
and ultimately terminate service to that customer.
Any server usage which negatively impacts on other
users we consider devastative behavior and as such we
may at our discretion demand payment for our having to
trace such offending programs and make repairs to the
server and or software. Payment rate will be billed at
$75.00 US per hour in 15 minute increments.
Bulk emailing shall not exceed 100 recipients per
hour. All bulk email
recipients must have verified email addresses and must
have specifically agreed to accept your mail or the
email will be considered spam. Address verification may
not be done through the use of a bulk email, although we
realize that some addresses may change without you being
notified over time. If your emailing requirement is more
than these limits, we suggest you use the outgoing mail
server provided by your ISP and a mailing software
program.
USES NOT PERMITTED
We do not permit IRC's, adult content, gambling sites, sites
promoting gambling or adult activities, any content which may be illegal
in any jurisdiction, copyrighted content unless you hold the copyright,
warez content, discriminatory, racial, or hate material, any link to
a site containing any of these materials, shell access or telnet access
or loading any script which may permit same, sending spam, or any site
referenced in spam mail, gaming sites, HYIP or Proxy software,
Shoutcast or Torrents as these are resource intensive. Any client found to be attempting phishing
or spoofing activities will be immediately suspended and reported to
law enforcement agencies in their local jurisdiction. We do not permit
proxy scripts or any script which we deem to unnecessary for the delivery
of email or web pages or the proper operation of a website, which may
affect server operations.
Our services are provided as means for website and email delivery
and retrieval. You may not use your site as a storage area for files
that may not be generally available to the public through a link. In
other words, this is not intended to be a backup system for files which
are not relevant to your website and may not be used as such.
REQUIRED
Our services are to be used mainly for delivery of website pages.
As such, every account must have at minimum an index page on their site,
and the page must be accessible by going to the domain name address
submitted during your application in a standard browser. Access by IP
address only is not permitted unless you have our written authorization
to do so.
PAYMENT
Excess storage and data transfer usage is billed on a monthly basis.
Service subscription payments are on a recurring basis. You
will automatically be charged on a regular basis, dependent upon the
payment plan you choose. We do not send out invoices or payment
notices. If the payment is unable to be processed, you
understand you are liable for all payments and collection fees until
we are notified that you wish to cancel the account.
Payment is due when billed. Accounts in payment arrears will be suspended
with or without notice. Suspended accounts may be subject to a
reconnect charge should you wish to continue service with us.
All prices on this site for hosting services are in Canadian Dollars. If
you are not Canadian, please use our US site for payment. Prices for
other services shown on this site or linked to from this site may not
be in Canadian Dollars. Check at each service.
Charge backs are absolutely not permitted. You agree to contact
us directly if there is any misunderstanding or problem with your payment.
Fraudulent use of credits cards will be reported to the appropriate
authorities with any information whatsoever we have collected from you
or about you. In the event of an attempted chargeback you may be charged
with theft of service and fraudulent use of a credit card at the discretion
of your local law enforcement agency.
CHILDREN
Children not of the age of majority are not allowed to use our services.
By subscribing to our services you hereby warrant that you are of the
age of majority in your jurisdiction. You may have a parent or legal
guardian subscribe to our services on your behalf. Parents and guardians
subscribing to our services on behalf of a minor must ensure that such
minor complies with these terms and conditions and agree to accept all
responsibility for the actions of such minor.
CONTACT INFORMATION
You are required to advise us of all changes in your primary email
address. We would prefer that you use the address supplied to you by
your ISP and not one associated with your account. Should your account
be unavailable for whatever reason we have no way of contacting you
if you use an email address based on your domain name hosted by us.
As well, you are encouraged to keep you contact email up to date in
your control panel so that you can be automatically notified if there
is a problem with your account.
CANCELLATION
24-7 Webs Inc. reserves the right to cancel service at any time due
to policy violations. If 24-7 Webs Inc. institutes it's right of cancellation,
no pro-rated fees will be refunded or credited as policies have been
violated. Each customer is expected to use his/her account for the purpose
of maintaining a web site only, with responsibility and respect toward
other internet users. Common sense is the best guide as to what is right
and wrong, and it's the same guide we'll use when analyzing an event
of bad behavior. 24-7 Webs Inc. has the right to deny business to any
person or organization attempting to re-open an account after the user's
account has been previously cancelled due to a policy violation, the
user creating problems on a server, constantly having billing problems
(credit card denied too often, checks bouncing, etc), demanding or expecting
more than what our service providers or what we can do. If 24-7 Webs
Inc. decides to stop providing customer service for any of these reasons,
the account will be terminated immediately. Any violation of policies
which results in extra costs will be billed to the customer (i.e. transfer,
space, server destruction, server damage, devastative behavior, hacking,
phreaking, phroning, etc).
Customers can cancel service any time by sending email to
or by faxing the information to toll free 1-866-611-1629. Please include your
domain name(s) and user name(s) with your cancellation request.
REFUNDS other than 30 day guarantee
Refunds will be given to any customer only if there is a server side
technical problem that we cannot resolve. This does not include technical
problems created by user programming errors, user's lack of knowledge,
our inability to support third party software products including but
not limited to cgi scripts, PERL, html coding, MySQL programming, search
engine positioning, and users wishing to have access to services not
specifically included in their plans. Refunds will be permitted if there
is a problem caused by us or our suppliers which makes your site unreachable
(excluding scheduled maintenance downtimes and downtimes caused by denial
of service attacks). Should your site be unavailable for more than 24
hours for reasons caused by us, then you will receive a refund by applying
via email to us stating the reason. We shall have 48 hours from the
time of receipt of such email to correct the problem. In the event we
cannot, you will receive a refund based on our refund calculations below.
Under no circumstances will refunds be issued to customers who have
breached or are not in compliance with our terms and conditions.
REFUND CALCULATIONS
Customers paying monthly - no refunds, cancellation at end
of 30 day period.
Customers paying quarterly will receive a refund calculated as
their quarterly payment, less the current monthly charge for the plan
for any months or part thereof that hosting was provided.
Customers paying semi-annually will receive a refund calculated
as their semi-annual payment, less the current quarterly charge for
the plan for any quarter or part thereof that hosting was provided.
Customers paying annually will receive a refund calculated as
their annual payment, less the current quarterly charge for the plan
for any quarter or part thereof that hosting was provided.
All refunds are subject to an additional $10.00 administration and handling
fee.
All customers paying through PayPal will be refunded through PayPal.
100% UPTIME
247 Webs strives for and maintains 100% uptime meaning that your
site is accessible 100% of the time. Exceptions to this include but
are not limited to periodic server maintenance, equipment failure, denial
of service attacks, internet router failures, connectivity supplier
failures, DNS failures, blocked IP addresses (firewall), and general
internet failures.
LAWFUL PURPOSE
247 Webs Inc. reserves the right to refuse service to anyone. Customers
may only use the servers for lawful purposes. Transmission of any material
in violation of any Federal, State. Provincial or Local regulation is
prohibited. This includes, but is not limited to copyrighted material,
material judged to be threatening or obscene and material protected
by trademarks or classified as trade secrets. 247webs.ca expressly forbids
anyone from using our servers for the propagation, distribution, housing,
processing, storing, or otherwise handling in any way lewd, obscene,
adult OR pornographic material, or any other material which we deem
to be objectionable. The designation of any materials is entirely at
our discretion.
INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold 24-7
Webs Inc. harmless from any and all demands, liabilities, losses, costs
and claims, including reasonable attorney's fees asserted against 24-7
Webs Inc., its directors, its agents, its customers, proprietors, officers
and employees, and suppliers 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 24-7 Webs Inc. against liabilities arising
out of; (1) any injury to person or property caused by any products
sold or otherwise distributed in connection with our suppliers' servers
or our services; (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 our servers.
DISCLAIMER
24-7 Webs Inc. and our suppliers (including hardware suppliers, software
suppliers, connectivity suppliers, payment processor suppliers) will
not be responsible for any damages your business may suffer. 24-7 Webs
Inc. makes no warranties of any kind, expressed or implied for services
we provide or those of our suppliers. 24-7 Webs Inc. 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 us, our suppliers and
their employees, or any network problems.
SERVER LOCATION
Administration, billing and first level support is all handled out
of our office in Canada. The servers are co-located in professionally
managed operations centers in multiple locations in the USA. We have
searched and tested several NOC's and have found the best service available
at our current suppliers.
JURISDICTION
24-7 Webs Inc. is incorporated in the in the Province
of Ontario, Canada and as such, regardless of the place
of agreement, the client agrees that for purposes of
venue and jurisdiction the understanding regarding
services was entered into and performed in Ontario,
Canada and any dispute will be litigated or arbitrated
in Ontario Canada. Customer further waives all
objections to venue or jurisdiction and acknowledges
that venue and jurisdiction in any such litigation will
be held in Ontario, Canada.
Revision of Terms and Conditions
24-7 Webs Inc. reserves the right to revise these policies at any
time without prior notification. Please check back periodically.
Failure to follow any term or condition will be grounds for
immediate account deactivation.
