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.
30 DAY MONEY BACK GUARANTEE
GENERAL PROVISIONS REGARDING SERVER USAGE
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. A reasonable time will be given to customers to fix any program or service that is impacting server operations.
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 be unnecessary for the delivery of email or web pages or the proper operation of a website.
Our services are provided as a 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 and the payment method selected. 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 US Dollars. Prices for other services shown on this site or linked to from this site may not be in US 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 your 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 service 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 the sales department from the email address on file with 24-7 Webs Inc.. 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, failure by the customer to keep software updated, 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. 24-7 Webs Inc. 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, hate or racist 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 customers 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.
ABUSIVE BEHAVIOUR OR HARASSMENT
Any customer who, in our estimation, is abusing their privileges or being rude, abusive, foul-mouthed or acting in any way that may be interpreted as threatening towards any of our staff members or 24-7 Webs Inc. will be terminated at our discretion with no further recourse. All communication channels will be blocked from any person(s) terminated under this clause. In certain instances such behaviour may be reported to appropriate legal authorities. We operate a safe and happy work environment and no amount of revenue or potential revenue will cause us to tolerate any such behaviour.
SERVER LOCATION
Administration, billing and first level support is all handled out of our office in Canada. The servers are located in professionally managed operations centers in locations in the USA and Canada. 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.
MODIFIED April 30, 2015.