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By using our web hosting services, you agree to comply with our policies. You are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses, which are generally acceptable, and the types of uses, which are to be avoided. Common sense is the best guide as to what is considered acceptable use. The following are unacceptable uses: Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted software, violation of U.S. or Canadian export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities. Interpretation The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. Barrie Web/Products of Canada reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill. Illegal Use Barrie Web/Products of Canada servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: "Pirated software", "Hackers programs or archives", "Warez Sites", "Irc Bots", "Mp3". We will be the sole arbiters as to what constitutes a violation of this provision. System and Network Security Violations of system or network security
are prohibited, and may result in criminal and civil liability. Examples
include, but are not limited to the following: unauthorized access, use,
probe, or scan of a systems security or authentication measures, data or
traffic. Interference with service to any user, host or network
including, without limitation, mail bombing, flooding, deliberate
attempts to overload a system and broadcast attacks. Forging of any
TCP-IP packet header or any part of the header information in an e-mail
or a newsgroup posting. Tortious Conduct No one shall post defamatory, scandalous,
violent or private information about a person without their consent,
intentionally inflicting emotional distress, or violating trademarks,
copyrights, or other intellectual property rights. Spamming Sending unsolicited mail messages, including, without limitation, commercial
advertising and informational announcements, is expressly prohibited. A
user shall not use another site's mail server to relay mail without the
express permission of the site or distributing, advertising or promoting
software or services that have the primary purpose of encouraging or
facilitating unsolicited commercial E-mail or spam. It is contrary to Barrie Web/Products of Canada policy for customers to use
our servers to effect or participate in any of the following activities: To
post to any Usenet or other newsgroup, forum, e-mail mailing list or
other similar group or list articles, which are off-topic according to
the charter or other owner-published FAQ or description of the group or
list; To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke
complaints from the recipients; To engage in any of the foregoing activities using the service of another
provider, but channeling such activities through a Barrie Web/Products
of Canada provided server, or using a Barrie Web/Products of Canada
provided server as a mail drop for responses. To
falsify user information provided to Barrie Web/Products of Canada or to
other users of the service in connection with use of a Barrie
Web/Products of Canada service. When
Barrie Web/Products of Canada becomes aware of an alleged violation of
its Acceptable Use Policy, Barrie Web/Products of Canada will initiate
an investigation (within 24-48 hours). During the investigation Barrie
Web/Products of Canada may restrict Customer 's access in order to
prevent further possible unauthorized activity. If the Customer is found
in violation of our SPAM policy, Barrie Web/Products of Canada may, at
its sole discretion, restrict, suspend, or terminate Customer's account
and/or pursue other civil remedies. Also, Barrie Web/Products of Canada
reserves the right to pursue civil remedies for any costs associated
with the investigation of a substantiated policy violation. If such
violation is a criminal offense, Barrie Web/Products of Canada will
notify the appropriate law enforcement department of such violation. Barrie
Web/Products of Canada does not issue service credits for any outages
incurred through service disablement resulting from Policy violations. The
Customer shall be held liable for any and all costs incurred by Barrie
Web/Products of Canada as a result of the customer's violation of these
terms and conditions. This is including, but is not limited to, attorney
fees and costs resulting from Postmaster responses to complaints from
and the cleanup of unsolicited commercial mailings and/or unauthorized
bulk mailings and/or news server violations. First violations will
result in a Cleanup Fee of $250 and the customer’s account will be
reviewed for possible immediate termination. A second violation will
result in Cleanup Fee of $500 and immediate termination of the
customer’s account. The Customer who violates this policy agrees to
also pay Investigation Fees of no more than $125 per hour that Barrie
Web/Products of Canada personnel must spend to investigate any
violations. Modification Barrie
Web/Products of Canada reserves the right to add, delete, or modify any
provision of this Policy at any time without notice. Reporting Network
Abuse any party seeking to report any violations Barrie Web/Products of
Canada’s policy may contact via e-mail: [email protected]
This is an agreement between you and Barrie Web/Products of
Canada regarding your use of Barrie Web/Products of Canada's computer,
interactive information, communication and server management service.
This Agreement governs the terms and conditions under which Barrie
Web/Products of Canada makes the services offered by Barrie Web/Products
of Canada available to individual consumers through a personal computer
or similar access, or to individual consumers or small businesses in
connection with the " Barrie Web/Products of Canada " web
hosting or similar services. Under this Agreement, you must comply with
Barrie Web/Products of Canada's then current "Acceptable Use
Policy," as updated from time to time by Barrie Web/Products of
Canada, which can be viewed at: http://www.barrieweb.com/aup PLEASE
READ THESE TERMS AND CONDITIONS CAREFULLY. 1.
Barrie Web/Products of Canada will host an account for you, the
purchaser (hereafter referred to as the Account Holder), for the Account
Holder's chosen domain name, 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. We require notification of
non-renewal with at least 30 days notice but not more than 60 days prior
to the renewal date. If you do not provide this notice, you will be
charged for the next terms rate. There are no refunds on a la carte
services, dedicated servers or server collocation. 2.
Barrie Web/Products of Canada'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. Barrie
Web/Products of Canada expressly disclaims any representation or
warranty that the Barrie Web/Products of Canada services will be
error-free, secure or uninterrupted. No oral advice or written
information given by Barrie Web/Products of Canada, 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.
The Virtual Web Server Internet account 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. Violations of these or any
other provisions of this Agreement may result in termination of the
services provided by Barrie Web/Products of Canada, with or without the
grant of a notice or cure period, such notice or cure period to be
granted at the sole discretion of Barrie Web/Products of Canada based
upon the severity of the violation. Barrie Web/Products of Canada
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 Barrie Web/Products
of Canada's then current Acceptable Use Policy, in the sole and absolute
opinion of Barrie Web/Products of Canada. 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 Barrie Web/Products of Canada from any and
all claims, losses, damages, liabilities, judgments, or settlements,
including reasonable attorney's fees, costs, and other expenses incurred
by Barrie Web/Products of Canada, (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. 4.
Account Holder acknowledges that the nature of the service furnished and
the initial rates and charges have been communicated to the Account
Holder. Account Holder is aware that Barrie Web/Products of Canada
reserves the right to change the specified rates and charges from time
to time. 5.
The Account Holder agrees to follow generally accepted rules of
"Netiquette" when sending e-mail messages or posting to
newsgroups. Account Holder is responsible for security of its password.
Barrie Web/Products of Canada will not change passwords to any account
without proof of identification, which is satisfactory to Barrie
Web/Products of Canada, 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 Barrie Web/Products of Canada will remain neutral and may put the
account on hold until the situation has been resolved. Under no
circumstances will Barrie Web/Products of Canada 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 Barrie Web/Products of Canada from any and all Claims arising
from such ownership disputes. The terms of this Section will survive any
termination of this Agreement. 6.
The Account Holder agrees not to harm Barrie Web/Products of Canada, its
reputation, computer systems, programming and/or other persons using
Barrie Web/Products of Canada's services. Barrie Web/Products of Canada
reserves the right to select the server for Account Holder's website for
best performance. The Account Holder understands that the services
provided by Barrie Web/Products of Canada are provided on a shared
server. This means that one website cannot be permitted to overwhelm the
server with heavy CPU usage, for example from the use of highly active
CGI scripts or chat scripts. If the Account Holder's website overwhelms
the server and causes complaints from other users, the Account Holder
has outgrown the realm of shared servers, and will need to relocate it's
website. Barrie Web/Products of Canada will refund any unused portion of
prepaid services. If the Account Holder refuses to comply with this
Section, then Barrie Web/Products of Canada has the right to terminate
the services provided to the Account Holder without any refunds of the
unused portion prepaid by the Account Holder. The Account Holder agrees
to indemnify and hold harmless Barrie Web/Products of Canada and any
other Account Holder from any and all Claims resulting from the Account
Holder's use of the services provided by Barrie Web/Products of Canada
The terms of this Section will survive any termination of this
Agreement. 7.
The Account Holder's rights and privileges under this Agreement cannot
be sold or transferred without the prior written consent of Barrie
Web/Products of Canada. 8.
If the Account Holder sells or resells advertising or web space to a
third party then the Account Holder will be responsible for the contents
of that advertising and the actions of that third party. Barrie
Web/Products of Canada 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 Barrie Web/Products of Canada 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 Barrie Web/Products of Canada, Barrie Web/Products of Canada may
terminate the services being provided to the Account Holder. 9.
Barrie Web/Products of Canada 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, acts of God, or human error. In no event
shall Barrie Web/Products of Canada be liable to the Account Holder for
any damages resulting from or related to any failure or delay of Barrie
Web/Products of Canada in providing access to the Internet under this
Agreement. In no event shall Barrie Web/Products of Canada 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 Barrie
Web/Products of Canada 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. 10.
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 Barrie Web/Products of Canada account
may not be transferred without prior written approval from Barrie
Web/Products of Canada. 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 Barrie
Web/Products of Canada services, including any damages resulting there
from, until the Account Holder notifies Barrie Web/Products of Canada's
customer service. 11.
If Barrie Web/Products of Canada assigns the Account Holder an Internet
Protocol address in connection with the Account Holder's use of the
Barrie Web/Products of Canada services, the right to use that Internet
Protocol address will remain with and belong only to Barrie Web/Products
of Canada, and the Account Holder will have no right to use that
Internet Protocol address except as allowed by Barrie Web/Products of
Canada in its sole and absolute discretion. 12.
This Agreement constitutes the entire agreement between the Account
Holder and Barrie Web/Products of Canada with respect to the Barrie
Web/Products of Canada services and supersedes all prior agreements
between the Account Holder and Barrie Web/Products of Canada. Barrie
Web/Products of Canada'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. General Provisions Governing
Law.
This Agreement will be governed and construed in accordance with
the laws of the Province of Ontario.
Both parties agree to submit to personal jurisdiction in Ontario
and further agree that any cause of action arising under this Agreement
will be brought in a court in Ontario, Canada. Severability and Waiver.
If any provision of this Agreement is held invalid or unenforceable for
any reason, the remaining provisions will continue in full force without
being impaired or invalidated in any way.
The waiver by either party of a breach of any provision of this
Agreement will not operate or be interpreted as a waiver of any other or
subsequent breach. Relationship
of Parties.
No agency, partnership, joint venture, or employment relationship
is created by this Agreement and neither party has the power to bind the
other party. Attorneys
Fees and Costs.
In the event that any legal action becomes necessary to enforce or
interpret the terms of this Agreement, Barrie Web/Products of Canada shall be
entitled, in addition to its court costs, to such reasonable
attorneys’ fees, expert witness fees and legal expenses as may be
fixed by a court of competent jurisdiction. 14.
The Account Holder agrees to indemnify and hold Barrie Web/Products of
Canada harmless from any and all Claims resulting from or connected with
any activities conducted by the Account Holder. The Account Holder and
Barrie Web/Products of Canada will promptly notify the other upon
receipt of any Claim or legal action arising out of activities conducted
pursuant to this Agreement. The rights and responsibilities established
in this paragraph will survive any termination of this Agreement. 15.
Barrie Web/Products of Canada may include the Account Holder's name and
contact information in directories of Barrie Web/Products of Canada
service subscribers for the purpose promoting the use of the services by
additional potential clients. However, Barrie Web/Products of Canada 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. 16.
Notices required by this Agreement shall be in writing and shall be
delivered either by personal delivery or by mail. If delivered by mail,
notices shall be sent by any express mail service; or by certified or
registered mail, return receipt requested; with all postage and charges
prepaid. All notices and other written communications under this
Agreement shall be addressed to the individuals in the capacities
indicated below, or as specified by subsequent written notice delivered
by the party whose address has changed. 17.
Because the Internet is a global communication tool, and we have clients
from nearly every country in the world it is difficult to dictate what
is considered "adult material." However, it is not our
function to discriminate against those who choose to utilize adult
content or adult related material. This being said, there are still
several reasons why Barrie Web/Products of Canada has been forced to
create its no adult sites policy for its virtual server users. 18.
Virtual account holders can receive a refund if account is cancelled
within the initial 30 days after sign up. Reseller account holders can
receive a refund if account is cancelled within the initial 7 days after
sign up. If the account holder cancels after the time period specified,
there will be no refund given. 19.
Barrie Web/Products of Canada may temporarily deny service or terminate
this Agreement upon the failure of Account Holder to pay charges when
they become due. Such termination or denial will not relieve the Account
Holder of responsibility for the payment of all accrued charges, plus
reasonable interest and any collection fees. 21.
If funds from an account holder charges back for services rendered, a
$25.00 charge back fee will be added to the amount charged back by the
customer. 22.
If an account holder's account is overdue for 90 days, the account will
be handed over to an outside collection agency. At that time the account
holder will incur a $50.00 collection fee added to the balance
previously due. 23.
All accounts are subject to verification. 24.
You agree that Barrie Web/Products of Canada may establish limits
concerning use of any Barrie Web/Products of Canada service offered on
any Barrie Web/Products of Canada web site, including without limitation
the maximum number of days that e-mail messages will be retained by any
Barrie Web/Products of Canada service, the maximum number of e-mail
messages that may be sent from or received by an account on any Barrie
Web/Products of Canada service, the maximum size of an e-mail message
that may be sent from or received by an account on any Barrie
Web/Products of Canada service, the maximum disk space that will be
allotted on Barrie Web/Products of Canada's servers on your behalf
either cumulatively or for any particular service. You agree that Barrie
Web/Products of Canada has no responsibility or liability for the
deletion, corruption or failure to store any messages or other content
maintained or transmitted by any Barrie Web/Products of Canada service.
You acknowledge that the features, parameters (for example, the amount
of storage available to users) or existence of any Barrie Web/Products
of Canada service may change at any time. What
does Barrie Web/Products of Canada consider "Adult Material?" Any
site whose revenue is gained in part or whole from its adult content. Photos
or videos showing frontal nudity on either men or women for
non-scientific or non-artistic purposes. Photos
or videos showing graphic violence or death. Revenue-generating
hyperlinks to sites who violate Barrie Web/Products of Canada’s
‘Terms of Service’ policy #1. Bandwidth and Resources Barrie
Web/Products of Canada reserves the right to decide what it considers
"adult content", "adult material", "sexually
explicit", or "sexually related". Let us know if you are
unsure of the approval of your site before placing an order. Terms
of Service 1. Barrie
Web/Products of Canada may only be used for lawful purposes.
Customer will not store or provide any Content or User Content
that: (a) violates any federal, province, state, or local law, statute,
ordinance, or regulation (including, without limitation, export control,
consumer fraud, unfair competition, antidiscrimination, gambling, or
false advertising laws); (b) is defamatory, trade libelous, unlawfully
threatening, or unlawfully harassing; (c) is obscene, child
pornographic, or indecent; (d) violates any third party’s right of
publicity or right of privacy; or (e) contains any IRC application,
bots, egg drops, viruses, trojan horses, worms, time bombs, cancel bots
or other computer programming routines that are intended to damage,
detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or personal information. 2. Customer
will not store or provide any Content or User Content, practice any
software or business methods, or use a domain name that infringes any
party’s Intellectual Property. “Intellectual
Property” means any and all property rights under copyright, moral
right, trademark, patent, trade secret, or right of publicity law, or
any other rights in works of authorship, inventions, designations of
source, persona, or economically valuable information. 3. Barrie
Web/Products of Canada exercises no control over the Content, User
Content, or other information passing through Barrie Web/Products of
Canada. 4. Barrie
Web/Products of Canada does not monitor and is not obligated to monitor
the Content and User Content and has not been informed by Customer of
the Content, User Content, or nature of the Content on Customer’s
Website. 5. Customer
will not use Barrie Web/Products of Canada hardware or service to
misrepresent Customer’s identity. 6.
Customer
will not attempt to undermine the security or integrity of, or gain
unauthorized access to, Barrie Web/Products of Canada hardware,
operating systems or any other computing systems or networks. 7. Customer
will not attempt to use IP Address not directly assigned by Barrie
Web/Products of Canada staff. Attempting to use unauthorized IP
Addresses may result in IP Conflict. Any server found using IPs, which
was not officially assigned, will be suspended from network access until
such time as the IP address conflict can be corrected. 8. Customer
will use Barrie Web/Products of Canada’s hardware and services in
accord with Barrie Web/Products of Canada’s Acceptable
Use Policy. The Acceptable Use
Policy and any modifications thereof will be posted at Barrie
Web/Products of Canada’s website at: http://www.barrieweb.com/aup.
Customer’s continued use of Barrie Web/Products of Canada’s hardware
and services constitutes Customer’s acceptance of the Acceptable
Use Policy and any modifications thereof. 9. If
Barrie Web/Products of Canada becomes aware of a violation of the Terms
of Service, Barrie Web/Products of Canada will investigate and may, in
its sole discretion, terminate hosting under the Hosting Agreement. 10. These
Terms of Service may be modified at any time.
Any modifications will be delivered to Customer in written form
or posted at Barrie Web/Products of Canada's web site.
Customer’s continued use of Barrie Web/Products of Canada’s
hardware and services after modification of these Terms of Service
constitutes Customer’s acceptance of the modifications. 11. Customer
will require Users and, if Customer is a reseller, repurchasers to agree
to and abide by these Terms of Service or substantially equivalent
terms. |
