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Web Hosting Service Terms and Conditions - Global Village Design reserves the right to manage its system and network resources utilized by each web site, and to make whatever changes necessary to ensure optimum performance for all of our customers.
- Global Village Design reserves the right to immediately cancel any hosting account at any time and without notice if it poses an immediate threat to our network, servers, or us, including our reputation, integrity, and security.
- Global Village Design reserves the right to monitor the content of your Global Village Design web site and to require that you remove content which Global Village Design, in its sole discretion, determines to be illegal, harmful or offensive. Global Village Design forbids web sites with hatred messages including sites or content promoting one particular race, gender, sexual orientation, religion or nationality as either superior to or inferior to another.
- Global Village Design reserves the right to modify or otherwise amend these terms and conditions without prior notice or warning. Your continued use of the Service after any such modification or amendment is made is deemed to be your acceptance of such modifications or amendments. If you do not agree with any such modifications or amendments then you may cancel your subscription to the Service. Accordingly you are encouraged to visit Global Village Design's web site from time to time to be aware of any changes in such terms and conditions.
- You are prohibited from posting or transmitting any data, message, image, information or program ("a file") which is indecent, pornographic or obscene. You are prohibited from posting or transmitting a file which is defamatory, libelous or which discloses private or personal matters concerning any individual. You are prohibited from posting or transmitting a file which contains viruses, 'Trojan Horses', worms or any other destructive or contaminating features. Web sites that promote activities that violate any laws are also not permissible at Global Village Design. This includes "warez" sites, sites promoting hacking, cracking programs or devices, or web sites distributing adult web site passwords. Any site found on our servers which fit any of the descriptions above will be immediately disabled, removed, and are subject to a clean- up and service fee upon termination, the amount of which is the sole discretion of Global Village Design.
- You are prohibited from using the Service for the purpose of conducting or for the purpose of soliciting any activity considered to be illegal. Global Village Design reserves the right to report such illegal activities to any and all-regulatory, administrative and/or governmental authorities for appropriate action.
- Global Village Design reserves the right to make changes to the Service that may result in changes being required to your web site files. Such changes to the Service include, without limitation, changes to Global Village Design’s servers supporting the Service, the software and/or versions that are operated on those servers, or a change to the domain associated with the Service. In no event will Global Village Design be liable to you for any loss or expense incurred by you because of a change by Global Village Design to the Service.
- You are prohibited from interfering with other users of the Service. You are prohibited from accessing illegally or without authorization computers, accounts or networks belonging to Global Village Design or to any other party, or attempting to penetrate security measures of Global Village Design’s or any other party’s systems (often known as “hacking” or “cracking”). Any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity) is also prohibited.
- You are prohibited from using Global Village Design’s network as a means to transmit or post, defamatory, harassing, abusing, or threatening material, data, information or content of any kind.
- You are prohibited from sending unsolicited emails (spam), from any of our servers, using an email address or domain that is maintained on our server as a reference, and from forging or misrepresenting message headers, whether in whole, or in part, to mask the originator of the message. Global Village Design will be the sole arbiter as to what constitutes a violation of this provision. Using fictitious e- mail addresses @globalvillageweb.ca is forbidden as well. Spamming also includes sending unsolicited advertisements to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user. Trolling, the posting of outrageous messages to generate numerous responses is also not allowed. Mail bombing, the sending of multiple messages without significant new content to the same user and/or subscribing someone else to a mailing list without that person's permission, cross- posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system is strictly forbidden. Tortuous Conduct/Interference with a Business Relationship/Contract Includes, but is not limited to posting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights. Upon allegation of SPAM or Unsolicited Email, you hereby agree to providing the following information regarding this allegation within 24hrs: - What process is used to add email addresses to your mailing list (Supply the URL) - What agreement is entered into by your potential customers which allows you to send them (e-)mail (provide a copy) - How do you assure yourself that the email address entered is legitimately owned by the person entering into the agreement (This is also known as double opt-in) **You are responsible for all mail generated with your domain name as return address or destination URL when gain is obtained or provided from the email (This rule is very important when considering affiliate programs) Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
- All software provided with the Service or as a component of the Service is provided on an "as is" basis without any warranty or condition of any kind, including without limitation, any warranty or representation that such software will perform to any particular standard or be free from bugs, errors or remain unaffected by computer viruses or other similar features affecting performance of such software. All such warranties and conditions, express or implied are expressly disclaimed, including any warranty or condition of merchantability or fitness for a particular purpose.
- Global Village Design makes no representation or warranty that the Service will be uninterrupted or error free. You agree that your usage of the Service will not exceed the total megabyte storage limit or total bandwidth limit associated with your Service package. If you exceed either of these limits you will be upgraded to the next highest package level to accommodate your usage. Going forward, your charges for the upgrade in package level will be adjusted accordingly.
- You agree to supply appropriate payment for the services received from Global Village Design, in advance of the time period during which such services are provided. Advertised prices represent cost of set-up for the period and are therefore non- refundable upon cancellation or suspension. ALL PRICES ARE EXCLUSIVE OF GST. You will notify us 1 month before your billing cycle ends if you wish to cancel your account, or change your billing method unless otherwise contracted in writing. All services provided are automatically renewed monthly or annually. Should you wish to cancel service, you must do so in writing or contact our office for applicable paperwork. Overdue accounts are subject to an administrative fee of $25.00 and 2% interest (compounded monthly). All returned cheques and payments are subject to an NSF fee of $25.00. We reserve the right to disconnect service on all delinquent accounts over 30 days. Domain Names must be prepaid prior to registration or renewal. Global Village Design reserves the right to change the monthly payment amount and any other charges at anytime.
- We will manage your web site account based on your instructions. Updates and changes to your web site account should be submitted in writing via email to:
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or by logging into our client services area. Please do not send email requests to any of our staff directly or via fax. Service requests should be submitted 4 business days prior to their intended target date. If you do not hear from us within four business days please call to ensure that we have received your request. We are not responsible for any errors or misplaced service requests. In all cases it is your responsibility to check for accuracy and any omissions. We reserve the right to reject or refuse requests and bill for labour time as we feel necessary.
- You are prohibited from installing your own Internet Relay Chat functionality (e-chat rooms) in conjunction with or as part of the Service provided by Global Village Design to you in conjunction with your account.
- Global Village Design allows you the ability to run command scripts (CGIs) which allow you to administer and maintain your own web site/space. You are not permitted to use the CGI scripts to cause degradation to Global Village Design’s equipment, facilities or network. Global Village Design reserves the right to have you remove any scripts which Global Village Design, in its sole discretion, determines to be harmful to its equipment, facilities or network. All CGI scripts must contain a header which includes a complete explanation as to what the script does. All undocumented CGI scripts will be removed by Global Village Design. You are responsible for any and all damages that your CGI scripts cause. Global Village Design may remove any scripts immediately upon identification of any problems caused by them.
- Global Village Design and you will comply with all laws applicable to the exercise of their rights and performance of their obligations under this Agreement. This Agreement will be subject to and interpreted in accordance with the federal law of Canada and the laws of whichever province may be applicable, without regard to that province's choice of law rules. Venue and jurisdiction will be in such province.
- Global Village Design does not represent, warrant, guarantee or offer any warranty, condition or promise that the Service is secure or will not be breached or compromised, including without limitation, breach or compromise by a third party. Any and all such representations, warranties or conditions are specifically disclaimed. Global Village Design will not be liable to the Customer or user of the Service or any third party for any claim, loss or damage of any kind whatsoever, whether direct or indirect, arising or resulting from, or directly or indirectly related to the Service not providing a secure environment for users of the Service or the Service environment being breached or compromised, whether or not any such loss, claim or damage was reasonably foreseeable or not.
- Global Village Design does not warrant, represent or guarantee in any way that the Customer or any users of the Service or any third party will not be exposed to or affected by computer viruses, trojan horses, worms or any other destructive devices such as malicious code designed to attack computers or applications. Any and all such representations, warranties or conditions are specifically disclaimed. Global Village Design will not be liable to the Customer or any user of the Service or any third party for any claim, loss or damage of any kind whatsoever, whether direct or indirect, arising or resulting from, or directly or indirectly related to the Customer, any user of the Service or any third party being in any way exposed to, or affected by, a computer virus, trojan horse, worm or other malicious code, while using or having used the Service or the Customer’s application being hosted by the Service, whether any such loss, claim or damage was reasonably foreseeable or not.
- Without in any way limiting paragraphs 21 and 22 above, Global Village Design will not be liable for any claims or damages, direct or indirect, incidental, special or consequential which include but are not limited to, damages for loss of profits, business interruption or loss of information arising from the use or inability to use the Service, whether such claims or damages are based in contract or in tort, including negligence or based upon any other theory or liability or cause of action, whether any such claims or damages were reasonably foreseeable by Global Village Design or not. Servers are backed-up regularly. This is done to facilitate recovery times not to guarantee redundancy. We put forth diligent effort to ensure that we will have a back-up of your most recent files, however we do not offer this as a guarantee of your data, files or an ability to recover your web site. In cases of down-time, we will in all cases attempt to recover your most recent files, but we may need to return your web site to an earlier state or to a new, blank site. There may be times when we decide to provide you with alternate hosting facilities during recovery times to facilitate up-time.
- No party will be regarded as being in breach of any obligation under this Agreement where its failure to perform is a result of circumstances beyond its reasonable control, including, without limiting the generality of the foregoing, acts of God, shortages of material or labour, delays in transportation, delays in or lack of telecommunication facilities, riot, war, civil insurrection, or acts of the enemies of the lawful government. The party so prevented from performing covenants will use reasonable efforts to perform its obligations under this Agreement as soon as the effect of the issue in question has ceased.
- We retain the right to cancel or modify your account at any time if for any reason we deem it necessary for the ongoing business operations of either Global Village Design or the client.
- This Agreement shall not be assignable by you without the written consent of Global Village Design. The terms or conditions of this Agreement may be changed by the written mutual consent of both parties. In the event that a court deems a clause of this agreement to be in violation of any applicable law, then that clause will be removed and the remainder of this agreement remains intact.
- In order to receive services from Global Village Design you must agree to the following terms and conditions of service. For the purposes of this service agreement Global Village Design may be referred to as "Global Village" or "Global Village Web." In addition the use of the word "we," "our" or "us" will at all times refer to Global Village Design. The person or persons purchasing services from Global Village may be referred to as "you," "your," "yours," or "the client."
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Global Village Web: Web Site Design and Hosting