|
Acceptable
Use Policy (AUP)
This
Webmaster Marketing & Design Acceptable Use
Policy ("AUP") describe the proper kinds
of conduct and prohibited uses of Webmaster Marketing
& Design's hosting services (the "Services").
This AUP is not exhaustive and Webmaster Marketing
& Design reserves the right to modify this
AUP at any time, effective upon posting of the
modified AUP at www.Webmastermd.com. By registering
for and using the Services, and thereby accepting
the terms and conditions of this AUP, you agree
to abide by these conditions as modified from
time to time. Any violation of the AUP may result
in the suspension or termination of your account
or such other action as Webmaster Marketing &
Design deems appropriate.
Server
Abuse
Any
attempt to undermine or cause harm to a server,
or customer, of Webmaster Marketing & Design
is strictly prohibited.
Unauthorized
use of other people's accounts or computers, Webmaster
Marketing & Design will strongly react to
any use or attempted use of an Internet account
or computer without the owner's authorization.
Such attempts include "Internet scamming"
(tricking other people into releasing their passwords),
password robbery, security hole scanning etc.
Any
unauthorized use of accounts or computers by a
Webmaster Marketing & Design customers, whether
or not the attacked account or computer belongs
to Webmaster Marketing & Design, will result
in action against the attacker. Possible actions
include warnings, account suspension or cancellation,
and civil or criminal legal action, depending
on the seriousness of the attack.
IMPORTANT
NOTE - Webmaster Marketing & Design has
the right to discontinue service, or deny access
to anyone who violates our Policies or the terms
and conditions shown below WITHOUT WARNING
OR PRIOR NOTICE. No refunds or fees paid will
be made if account termination is due to violation
of the terms outlined below.
Customers
may not run IRC, bots or clients. Unacceptable
uses also include, but are NOT limited to: Bulk
emailing, unsolicited emailings, newsgroup spamming,
pornographic content, illegal content, copyright
infringement, trademark infringement, warez, cracks,
software serial numbers, and/or anything else
determined by Webmaster Marketing & Design
to be unacceptable use of Webmaster Marketing
& Design's services including abuse of server
resources.
- All
hosting accounts may be terminated that include
the following content or which have links to
the following content:
- Providing
material that is grossly offensive to the Web
community including blatant expressions of bigotry,
racism or hatred.
- Promoting
or providing instructional information about
illegal activities, or promoting physical harm
or injury against any group or individual.
- Displaying
material that exploits children under 18 years
of age.
- Acts
of copyright infringement including offering
pirated computer programs or links to such programs,
information used to circumvent manufacturer-installed
copy-protect devices, including serial or registration
numbers for software programs, or any type of
cracker utilities.
Unsolicited Email (Spam)
Unsolicited
commercial advertisements (spam) are not allowed
in e-mail, and will likely result in account cancellation.
Webmaster
Marketing & Design takes a zero-tolerance
approach to spam originating from our servers
or for spam advertising of domains hosted on our
servers.
The
following activities are not allowed:
- Unsolicited
bulk or commercial messages ("spam").
This includes, but is not limited to, bulk mailing
of commercial advertising, informational announcements,
charity requests, petitions for signatures,
and political or religious tracts. Such messages
may only be sent to those who have explicitly
requested it from your domain.
- Forging,
altering or removing electronic mail headers
is prohibited. Any domain sending stealth spam
will be terminated without warning and without
refund.
- Sending
numerous copies of the same or substantially
similar message with the intent to disrupt a
server or account ("mail bombing").
- Spamming
Newsgroups: Commercial advertisements are unwelcome
in most Usenet discussion groups and on most
e-mail mailing lists. Inappropriate posting
may result in account cancellation. See the
newsgroup or mailing list's charter for whether
advertising is allowed or not. "Spamming,"
or sending a message to many different off-topic
newsgroups, is particularly unethical and will
be treated as such.
- Mail
may not be used to harass or intimidate others.
Harassment, whether through language, frequency
of messages, or size of messages, is prohibited.
Sending a single unwelcome message may be considered
harassment. If a recipient asks to stop receiving
e-mail, you must not send that person any further
messages.
- Providing
spamware (software used to send bulk email or
software used to harvest email addresses) or
links to sites providing spamware is strictly
prohibited and subject to demand for removal
or account cancellation.
Note:
If you use the services of another provider (including
but not limited to the use of address lists obtained
from a third party vendor or provider) to promote
a web site hosted by or through Webmaster Marketing
& Design (spamvertising), then the provisions
of the above Policy shall apply as if the spam
were sent through our servers.
Penalty:
Depending on the severity of your SPAMMING, Webmaster
Marketing & Design reserves the right to charge
you between $1.00 - $100.00 PER SPAM sent through
our network. Your web site content will also be
confiscated and it will be NEVER returned to you.
CGI
Scripts
Each
Unix web hosting account comes with its own cgi-bin,
in which you are free to CGI scripts.
Server
Resource Abuse
Server
accounts are limited in use of the amount of server
resources. Server resource abuse includes any
process or service usage that affects normal server
operation, resources or connectivity, and which
causes a server to become overloaded. Server resources
include CPU and memory usage, number of concurrent
processes, number of concurrent port or database
connections and total bandwidth. Possible causes
of server resource abuse include, but are not
limited to, the use of: CGI, Perl, Sendmail, QMail,
mySQL, MSSQL, PHP, ASP, COLDFUSION, HTTP, SMTP,
POP3 and FTP. If server resource abuse is detected,
possible actions include, but are not limited
to: disabling of the offending script or scripts,
disabling of the specific service, disabling of
the entire account or account cancellation. If
server overload is a result of server resource
abuse, these actions will be taken without prior
notice or warning.
Chat
Rooms
We
do not allow clients to install their own chat
rooms within a hosting account, without approving
it with the Webmaster Marketing & Design Support
Team. Most chat rooms tend to be large system
hogs and we cannot allow it as an account option.
Abuse
of SMTP Mail Server
We
do not allow clients to send more than 1000 pieces
of e-mail per day from a hosting account. If you
do send more than 1000 pieces of e-mail per day,
your account will be placed on hold for Network
Abuse. If you are sending legitimate e-mails and
they total more than 1000 per day, your account
will be charged $15.00/month in addition to your
regular hosting charges.
Background
Running Programs
We
may allow programs to run continually in the background.
These are considered on a one-to-one basis and
an extra charge will be incurred based on system
resources used and operational maintenance needed.
(this section does not apply to managed dedicated
servers)
IRC
We
currently do not allow IRC clients or IRC bots
to be operated on any of our servers. In addition,
IRC servers are not permitted on our network.
Anyone found to be in violation of this policy
risks immediate account termination.
Excessive
Use/Overages
You
will not exceed the bandwidth, storage and E-mail
usage limits outlined by your particular web hosting
package. If you use any bandwidth or storage space
in excess of the agreed upon number of megabytes
per month or if you exceed E-Mail storage and
attachment size limitations, Webmaster Marketing
& Design may, in its sole discretion, assess
you with additional charges. If Webmaster Marketing
& Design elects to take any corrective action,
Webmaster Marketing & Design will not refund
any unused pre-paid fees. Your use of your account
and access to it is your responsibility. You are
responsible for any unauthorized access to your
account resulting in bandwidth, storage and/or
E-mail usage exceeding the limits outlined in
your particular web hosting package specifications
and resultant charges. Bandwidth overages are
currently billed at $5/GB/month. Disk space overages
are currently billed at $.25/MB/month. Email attachments
overages are currently billed at $.10 per email
over 10MB.
Payment
Policies
All
accounts are set up on a pre-pay basis. Setup
fees are charged for all new accounts and major
account changes and are non-refundable. All pricing
is guaranteed for the term of pre-payment. Webmaster
Marketing & Design reserves the right to change
prices at any time, unless other terms have been
agreed upon. Any account not brought current within
a week (7 days) of e-mail notice or exceeding
this time frame in any way is subject to suspension.
The customer is responsible for all money owed
on the account from the time it was established
to the time that the customer notifies Webmaster
Marketing & Design by calling 250-247-9780
to request for termination of services. All payment
is in CDN currency. Webmaster Marketing &
Design will bill each client $50.00 per returned
check, per wire transfer received and per credit
card charge back received. All Webmaster Marketing
& Design accounts are setup on anniversary
billing cycles. Your particular billing cycle
corresponds to the contract length that was initially
chosen at setup. Your account will automatically
renew at this length. There is no fee to change
to a shorter billing cycle at the end of the current
cycle. However, if you wish to change to a shorter
billing cycle, during a current cycle, there will
be a $50.00 fee. Please contact the billing department
at billing@webmastermd.com should you wish to
change your anniversary billing cycle. Any account
that is not brought current prior to deactivation
will be charged a $25.00 reactivation fee as well
as a $15.00 late charge, per domain deactivated.
In addition, if your credit card declines for
any reason, Webmaster Marketing & Design will
charge your account an additional $1.00 service
charge every time your card is declined. Webmaster
Marketing & Design may impose a debt service
charge equal to one and one-half percent (1.5%)
of the overdue balance (or such lesser amount
as may be required by law) for each month or fraction
thereof the overdue amount remains unpaid. All
taxes, fees and governmental charges relating
to the Services provided hereunder (other than
income taxes of Webmaster Marketing & Design)
shall be paid by Customer. Webmaster Marketing
& Design accepts paper checks from customers
for payment of web hosting services and fees associated
with your account. However, there will be a $5.00/month
processing fee for each customer paying by check.
Additionally, if you decide to switch your payment
method of billing cycle you will be charged a
$10 processing fee for that change.
Cancellation
Webmaster
Marketing & Design reserves the right to cancel
service at any time. All fees paid in advance
of cancellation will be pro-rated and paid by
Webmaster Marketing & Design if Webmaster
Marketing & Design institutes it's right of
cancellation. Any violation of policies which
results in extra costs will be billed to the customer
(i.e. transfer, space etc.)
All
of Webmaster Marketing & Design's web hosting
plans are backed by a 30 day money back guarantee.
If you are not completely satisfied with our services
or support within the first 30 days of your contract,
you will be given a full refund of the contract
amount excluding setup fees, domain registration
fees, add-on/upgrade fees and overages. Setup
fees are refundable only if the account order
is canceled prior to account activation. For web
hosting contracts of 3 months or less, the full
contract amount less any setup fees and overages
will be refunded if Webmaster Marketing &
Design is notified within the first 30 days following
activation. No refund is available after the 30th
day. For web hosting contracts longer than 3 months,
a refund equal to one half of the contract amount
less any setup fees and overages will be given
if Webmaster Marketing & Design is notified
prior to the first day of the third month of the
contract term. If you cancel prior to the end
of your contract term and you received special
pre-pay rates, your hosting fees will be adjusted
so that you pay the regular, non-discounted monthly
fees. No refunds for any reason will be given
once the third month of the contract term has
begun. This policy does not apply to any additional
services such as overages, referrer logs, real
audio/video, additional disk space, additional
pop accounts, etc. Refunds will be made by company
check or issued back to your credit card within
30 days of receipt of cancellation. To receive
your refund, you must terminate this Agreement
in the manner described in above and cease using
the Services. Webmaster Marketing & Design
must receive your termination notice within the
30-day period.
Liability
and Obligations on Cancellation
If
the Agreement expires or is cancelled for any
reason, Webmaster Marketing & Design is not
liable to you because of the expiration or cancellation
for compensation, reimbursement or damages on
account of the loss of prospective profits, anticipated
sales, goodwill or on account of expenditures,
investments, leases or commitments in connection
with your business, or for any other reason whatsoever
flowing from the termination or expiration. If
you terminate this Agreement, Webmaster Marketing
& Design will not relieve you of any obligations
to pay fees and costs accrued before the termination
date or any other amounts you owe to Webmaster
Marketing & Design under this Agreement.
Material and Product Requirements
You
must ensure that all material and data placed
on Webmaster Marketing & Design's equipment
is in a condition that is "server-ready,"
which is in a form requiring no additional manipulation
by Webmaster Marketing & Design. Webmaster
Marketing & Design will make no effort to
validate any of this information for content,
correctness or usability. If your material is
not "server-ready", Webmaster Marketing
& Design may reject this material. Webmaster
Marketing & Design will notify you of its
refusal of the material and afford you the opportunity
to modify the material to satisfy Webmaster Marketing
& Design's requirements. Use of the Services
requires a certain level of knowledge in the use
of Internet languages, protocols and software.
This level of knowledge varies depending on the
anticipated use and desired content of your Web
site. You must have the necessary knowledge to
create and maintain a Web site. Webmaster Marketing
& Design does not provide this knowledge or
customer support outside of the Services.
Intellectual
Property Rights
Material
accessible to you through Webmaster Marketing
& Design's services may be subject to protection
under the Canadian or other copyright laws, or
laws protecting trademarks, trade secrets or proprietary
information. Except when expressly permitted by
the owner of such rights, you must not use Webmaster
Marketing & Design or its servers and network
in a manner that would infringe, violate, dilute
or misappropriate any such rights, with respect
to any material, which you access or receive through
the Webmaster Marketing & Design network.
If you use a domain name in connection with Webmaster
Marketing & Design or similar service, you
must not use that domain name in violation of
any trademark, service mark, or similar rights
of any third party.
Network
Security
Customers
may not use the Webmaster Marketing & Design
network with an attempt to circumvent user authentication
or security of any host, network, or account.
This includes, but is not limited to, accessing
data not intended for the customer, logging into
a server or account the customer is not expressly
authorized to access, password cracking, probing
the security of other networks in search of weakness,
or violation of any other organization's security
policy. Customers may not attempt to interfere
or deny service to any user, host, or network.
This includes, but is not limited to, flooding,
mail bombing, or other deliberate attempts to
overload or crash a host or network. Webmaster
Marketing & Design will cooperate fully with
investigations of violations of systems or network
security at other sites, including cooperating
with law enforcement authorities in the investigation
of suspected criminal violations. Users who violate
system or network security may incur criminal
or civil liability. You are solely responsible
for any security breaches affecting servers or
accounts under your control. If your server or
website is responsible for or involved in an attack
on or unauthorized access into another server
or system, Webmaster Marketing & Design will
shut it down immediately. You will pay any charges
resulting from the cost to correct security breaches
affecting Webmaster Marketing & Design or
any of its other customers.
Electronic
Commerce
You
will be solely responsible for the development,
operation and maintenance of your online store
and products and all contents and materials appearing
online or on your products, including without
limitation (a) the accuracy and appropriateness
of content and materials appearing within the
store or related to your products, (b) ensuring
that the content and materials appearing within
the store or related to your products do not violate
or infringe upon the rights of any third party,
and (c) ensuring that the content and materials
appearing within the store or related to your
products are not libelous or otherwise illegal.
You will be solely responsible for the final calculation
and application of shipping and sales tax. You
will also be solely responsible for accepting,
processing, and filling any customer orders, and
for handling any customer inquiries or complaints
arising there from.
You
are also responsible for the security of any customer
credit card numbers and related customer information
you may access as a result of conducting electronic
commerce transactions through your Web Site. You
will keep all such information confidential and
will use the same degree of care and security
as you use with your confidential information.
Static
/ Dynamic Content Caching
You
expressly (i) grant to Webmaster Marketing &
Design a license to cache the entirety of your
Web Site, including content supplied by third
parties, hosted by Webmaster Marketing & Design
under this Agreement and (ii) agree that such
caching is not an infringement of any of your
intellectual property rights or any third party's
intellectual property rights.
IP
Address Ownership
Webmaster
Marketing & Design shall maintain and control
ownership of all IP numbers and addresses that
may be assigned to you by Webmaster Marketing
& Design and Webmaster Marketing & Design
reserves, in its sole discretion, the right to
change or remove any and all such IP numbers and
addresses.
Domain Name Registration
Customer
agrees to pay Webmaster Marketing & Design
prior to the effectiveness of the desired domain
name registration, the then-current amounts set
forth in the Webmaster Marketing & Design
price schedule for the initial registration of
the domain name and, should Customer choose to
renew the registration, subsequent renewals of
the registration. All fees are non-refundable,
in whole or in part, even if Customer's domain
name registration is suspended, cancelled or transferred
prior to the end of Customer's then current registration
term. Webmaster Marketing & Design reserves
the right to change fees, surcharges, renewal
fees or to institute new fees at any time, for
any reason, at its sole discretion. Customer's
requested domain name will not be registered unless
and until we receive actual payment of the registration
fee, and have confirmed Customer's registration
in an email from Webmaster Marketing & Design
to the email address indicated in Customer's registration
application. In the event of a charge-back by
a credit card company (or similar action by another
payment provider allowed by Webmaster Marketing
& Design) in connection with the payments
of the registration fee for Customer's domain
name registration, Customer agrees and acknowledges
that the domain name registration shall be transferred
to Webmaster Marketing & Design as the paying
entity for that registration to the registry and
that we reserve all rights regarding such domain
name including, without limitation, the right
to make the domain name available to other parties
for purchase. Webmaster Marketing & Design
will reinstate Customer's domain name registration
solely at Webmaster Marketing & Design's discretion,
and subject to our receipt of the initial registration
or renewal fee and our then-current reinstatement
fee.
Copyright
Infringement
DIGITAL
MILLENNIUM COPYRIGHT ACT
Notice
and Procedure for Making Claims of Copyright Infringement
Pursuant
to Title 17, United States Code, Section 512(c)(2),
all notifications of claimed copyright infringement
on the Webmaster Marketing & Design system
or Web site should be sent ONLY to our Designated
Agent.
NOTE:
THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR
NOTIFYING Webmaster MARKETING & DESIGN THAT
YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
WE
CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY
MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING,
YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE
INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS
FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR
BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED
AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION.
YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION
FOR PERJURY.
DO
NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT
INFRINGEMENT (e.g. REQUESTS FOR TECHNICAL ASSISTANCE
OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE,
etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT
RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
Written
notification must be submitted to the following
Designated Agent:
Webmaster
Marketing & Design, Inc.
Legal Department
52-A 650 South Terminal Avenue
Nanaimo, BC, Canada, V9R 5E2
Fax: 250-247-9505
Under
Title 17, United States Code, Section 512(c)(3)(A),
the Notification of Claimed Infringement must
include the following:
- Physical
or electronic signature of a person authorized
to act on behalf of the copyright owner.
- Identification
of the copyrighted work claimed to have been
infringed or a representative list if multiple
works are involved.
- Identification
of the material that is claimed to be infringing
that should be removed or access to disabled
and information reasonably sufficient to enable
the online service provider to locate the material
(usually a URL to the relevant page).
- Information
reasonably sufficient to allow the online service
provider to contact the complaining party (address,
phone number, e-mail address).
- Statement
that the complaining party has "a good
faith belief that use of the material in the
manner complained of is not authorized by the
copyright owner, its agent or the law."
- Statement
that the information in the notice is accurate,
and under penalty of perjury, that the complaining
party is authorized to act on behalf of the
copyright owner.
Lawful
Purpose
Webmaster
Marketing & Design reserves the right to refuse
service to anyone. Customers may only use Webmaster
Marketing & Design server for lawful purpose.
Transmission of any material in violation of any
Federal, State or Local regulation is prohibited.
This includes, but is not limited to copyrighted
material, material legally judged to be threatening
or obscene, and material protected by trade secrets.
The designation of any materials as such described
above is left entirely to the discretion of Webmaster
Marketing & Design management. Regardless
of the place of signing this agreement, the client
agrees that for purposes of venue and jurisdiction
this contract was entered into and performed in
Nanaimo, British Columbia, and any dispute will
be litigated or arbitrated in Nanaimo, British
Columbia. Customer further waives all objections
to venue or jurisdiction and acknowledges that
venue and jurisdiction in any such litigation
will be held in the Nanaimo Court House. IN NO
EVENT SHALL Webmaster MARKETING & DESIGN'S
MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00)
DOLLARS.
Indemnification
CUSTOMER
AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND
HOLD WEBMASTER MARKETING & DESIGN HARMLESS
FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES,
COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S
FEES ASSERTED AGAINST Webmaster MARKETING &
DESIGN, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND
EMPLO YEES, 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 WEBMASTER
MARKETING & DESIGN AGAINST LIABILITIES ARISING
OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED
BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED
IN CONNECTION WITH WEBMASTER MARKETING & DESIGN'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 WEBMASTER MARKETING & DESIGN'S SERVER.
Disclaimer
WEBMASTER
MARKETING & DESIGN WILL NOT BE RESPONSIBLE
FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. WEBMASTER
MARKETING & DESIGN MAKES NO WARRANTIES OF
ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE
PROVIDE. WEBMASTER MARKETING & DESIGN 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
WEBMASTER MARKETING & DESIGN AND ITS EMPLOYEES.
WEBMASTER MARKETING & DESIGN RESERVES THE
RIGHT TO REVISE ITS POLICIES AT ANY TIME.
ALL
SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS
OF WEBMASTER MARKETING & DESIGN MUST ADHERE
TO THE ABOVE POLICIES.
FAILURE
TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS
FOR IMMEDIATE ACCOUNT DEACTIVATION.
|
