This Policy represents iWebToday.com, MyHosting.com and SoftCom Technology Consulting Inc's (iWeb Today, MyHosting and SoftCom) Acceptable Use Policy ("Policy"), Terms and Conditions applicable to the Customers of iWeb Today, MyHosting and SoftCom and supersedes any other written or oral Policy. Upon notice published on-line via iWeb Today, MyHosting and SoftCom's web page iWeb Today, MyHosting and SoftCom may modify the Policy, amplify the Policy, as well as discontinue or change services offered.
iWeb Today, MyHosting and SoftCom reserves the right to revise this Policy at any time. Customer may view the most up-to-date version of this policy at any time at http://myhosting.com/policy.html
By using any of the services offered by iWeb Today, MyHosting and SoftCom, Customer is bound by and must comply with this Policy in its entirety. Violations of the guidelines, delineated below, will result in cancellation of the Customer account or such other actions as iWeb Today, MyHosting and SoftCom, at its sole discretion, may deem appropriate.
I. SYSTEM AND NETWORK SECURITY
1. Customer may not tamper with other accounts, or commit unauthorized intrusions into any part of iWeb Today, MyHosting and SoftCom's system, or use any of iWeb Today, MyHosting and SoftCom machines, files, accounts, or networks to intrude without authorization into any other system.
2. Customer may not use iWeb Today, MyHosting and SoftCom's services not included in Customer's account, or devise ways to circumvent security in order to access services Customer is not paying for.
3. Customer may not use the system in a manner that encumbers disk space, processors or other system resources beyond those allowed by the specific type of account. Customer may not make deliberate attempts to interfere with a service, overload a service or attempt to disable a host.
II. EMAIL
1. Customers may not continue to send commercial e-mail to a recipient if recipient has requested that Customer discontinue such communication.
2. iWeb Today, MyHosting and SoftCom prohibits the transmission of e-mail that is harassing, libelous, defamatory, legally obscene or pornographic, threatening, abusive or hateful to non-consenting recipients.
3. Customers may not forge header information.
4. iWeb Today, MyHosting and SoftCom prohibits the use of Customer's account, or network connection, to collect replies of messages sent from any another provider that violates the rules of this Policy or those of the originating provider.
5. iWeb Today, MyHosting and SoftCom prohibits the use of and reserves the right to cancel any customer account which promotes its business by means of spamming, using either iWeb Today, MyHosting and SoftCom's or other ISPs networks.
III. BILLING
1.All announced prices are in US Dollars, but iWeb Today, MyHosting and SoftCom charges the Customer the Canadian dollar equivalent. iWeb Today, MyHosting and SoftCom has the right to modify the corresponding Canadian Dollar amount according to the exchange rate between US Dollar and Canadian Dollar.
2.All valid credit cards that are given to SofCcom from each customer to use as their payment method should note that when their card is about to expire, iWeb Today, MyHosting and SoftCom will automatically update the expiry date to the next year. iWeb Today and SoftCom has come to the understanding that many customers simply forget to update their expiry date, which may lead to the cancellation of their account. To save time and possible interrupted service we have devised this practice into our agreement.
IV. GENERAL
1. Web site hosting and all other services provided to the Customer by iWeb Today, MyHosting and SoftCom may only be used for lawful purposes. Customer will use the web hosting services in a manner consistent with any and all applicable laws of the province of Ontario, and the Canadian federal government.
2. iWeb Today, MyHosting and SoftCom reserves the right, at its sole discretion, to deactivate the Customer's web hosting account(s) upon an indication of credit problems including delinquent payments.
3. iWeb Today, MyHosting and SoftCom hosting service is provided on an "as is, as available" basis. iWeb Today and SoftCom gives no warranty, expressed or implied, for the web hosting services provided, including, without limitation, warranty of merchantability and warranty of fitness for a particular purpose. This no warranty expressly includes any reimbursement for losses of income due to disruption of service by iWeb Today, MyHosting and SoftCom or its providers beyond the fees paid by Customer to iWeb Today and SoftCom for services.
4. iWeb Today, MyHosting and SoftCom is not responsible for any damages arising from Customer's use of iWeb Today and SoftCom or by Customer's inability to use the web hosting services for any reason.
5. While iWeb Today, MyHosting and SoftCom shall make every reasonable effort to protect and back up data for Customers on a regular basis, iWeb Today, MyHosting and SoftCom is not responsible for Customer's files residing on iWeb Today, MyHosting and SoftCom's servers. Customer is solely responsible for independent backup of data stored on iWeb Today, MyHosting and SoftCom's servers.
6. Customer hereby agrees that any material submitted for publication on iWeb Today, MyHosting and SoftCom through Customer's account(s) will not contain anything leading to an abusive or unethical use of the web hosting product(s) or the host server(s). Abusive and unethical materials and uses include, but are not limited to pornography, obscenity, nudity, violations of privacy, computer viruses, and any defamatory, harassing and harmful materials or uses. Customer hereby agrees to indemnify and hold harmless iWeb Today, MyHosting and SoftCom from any claim resulting from your publication of materials or your use of those materials. iWeb Today, MyHosting and SoftCom may or may not give notice before deactivating the use of an account(s) which iWeb Today, MyHosting and SoftCom decides is an abusive or unethical use of the web hosting account(s) or host server(s).
7. Due to the public nature of the Internet, all information should be considered publicly accessible and important or private information should be treated carefully. iWeb Today, MyHosting and SoftCom is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network iWeb Today, MyHosting and SoftCom or its customers may utilize.
8. iWeb Today, MyHosting and SoftCom maintains control and any ownership of any and all I.P. Numbers and addresses that may be assigned to Customer and reserves in its sole discretion the right to change or remove any and all I.P. numbers and addresses.
9. Use of any information obtained via iWeb Today, MyHosting and SoftCom is at your own risk. iWeb Today, MyHosting and SoftCom specifically denies any responsibility for the accuracy or quality of information obtained through its services.
10. Use of other organizations' networks or computing resources is subject to their respective permission and usage policies.
11. If iWeb Today, MyHosting and SoftCom cancels Customer's account for any reason, Customer agrees not to reregister without iWeb Today, MyHosting and SoftCom's written consent. In the event Customer reregisters without iWeb Today, MyHosting and SoftCom's prior written consent, iWeb Today, MyHosting and SoftCom will cancel Customer 's account and all dues and fees paid to date will be forfeited regardless of whether service has been rendered. Additionally, any amounts owed in arrears will be made due and payable immediately.
12. iWeb Today, MyHosting and SoftCom requires that Customer is qualified to contract. iWeb Today, MyHosting and SoftCom cannot accept payments from persons who are not at least eighteen (18) years of age. Customer will be held responsible for keeping all billing data for iWeb Today, MyHosting and SoftCom accurate and up to date. False data supplied for the contract between iWeb Today, MyHosting and SoftCom and Customer will be grounds for account termination.
13. The Customer agrees to defend, hold harmless, and expeditiously indemnify iWeb Today, MyHosting and SoftCom from any and all liability, claim, loss, damage or expense arising out of Customer's breach or violation of any covenant contained in this Policy, or resulting from the Customer's use of the service.
14. Customer agrees to waive and hold iWeb Today, MyHosting and SoftCom harmless from any claims relating to any action taken by iWeb Today, MyHosting and SoftCom as part of an investigation into a suspected violation of this Policy or as a result of its conclusion that a violation of this Policy has occurred. Therefore, Customer cannot sue or recover any damages whatsoever from iWeb Today, MyHosting and SoftCom as a result of the decision to remove material from its server, or to suspend or terminate Customer 's account.
15. The web server is physically located in the province of Ontario, and the Customer may only access the server by means of the Internet, an interstate common carrier of information.
16. iWeb Today, MyHosting and SoftCom reserves the right to kill off CPU intensive processes.
17. iWeb Today, MyHosting and SoftCom has a strong corporate policy to respect and protect the privacy of its customers and their information that is stored on iWeb Today, MyHosting and SoftCom's Hosting Services. iWeb Today, MyHosting and SoftCom will only access and disclose information as necessary to comply with applicable laws and government requests, to provide iWeb Today, MyHosting and SoftCom Services, to operate or maintain its systems or to protect itself or its customers.
V. POLICY ENFORCEMENT
1. When iWeb Today, MyHosting and SoftCom becomes aware of an alleged violation of its Acceptable Use Policy, iWeb Today, MyHosting and SoftCom will initiate an investigation. During the investigation iWeb Today, MyHosting and SoftCom may restrict Customer 's access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, iWeb Today, MyHosting and SoftCom may, at its sole discretion, restrict, suspend, or terminate Customer's account and/or pursue other civil remedies. If such violation is a criminal offense, iWeb Today, MyHosting and SoftCom will notify the appropriate law enforcement department of such violation.
VI. COPYRIGHT INFRINGEMENT
1. If iWeb Today, MyHosting and SoftCom becomes aware of material posted by Customer that could be infringing on a third party's copyright, it will initiate an investigation. If iWeb Today, MyHosting and SoftCom receives from a Complainant a claim with the applicable copyright or trademark registration number; a copy of the underlying copyrighted work along with the Customer 's materials; and, a good faith certification, signed under penalty of perjury, that the work is the property of the Complainant, that the work has been copied and that use of the work is not defensible, iWeb Today, MyHosting and SoftCom, in its discretion, may, at any time, deny access to the challenged material of Customer.
2. iWeb Today, MyHosting and SoftCom will notify Customer of the copyright infringement allegation and will allow Customer to respond to the allegation(s).
3. iWeb Today, MyHosting and SoftCom shall have no liability, directly or indirectly, to Complainants or third parties for Customer's infringing copyrighted materials. Customer shall reimburse iWeb Today, MyHosting and SoftCom for all expenses associated with processing valid infringement allegations and defending any and all legal claims associated therewith.
VII. CONTENT
1. All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any and all applicable federal, provincial and municipal laws is prohibited. This includes, but is not limited to: copyrighted material, material judged to be defamatory, threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the service which damages the subscriber or any other party.
Note: Pornography and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Iinternet. Links to such materials are also prohibited.
Examples of non-acceptable content or links:
Pirated software
Hackers' programs or archives
Warez Sites
IRC Bots
Mp3 files
We will be the sole arbiter as to what constitutes a violation of this provision.
VIII. REPORTING NETWORK ABUSE
1. Any party seeking to report any violations of iWeb Today, MyHosting and SoftCom's policy may send an e-mail to: abuse@SoftComca.com
