Web Oshawa Inc provides Website Hosting, Marketing, and Development.  We are also a reseller of domain names.  Web Oshawa Inc has certain legal and ethical responsibilities regarding the use of its servers and equipment involved in these services.  Web Oshawa Inc reserves the right to suspend or cancel a customer's access to any or all services provided when we decide that the account has been inappropriately used.

         Table of Contents

1.0     DOMAIN NAME REGISTRATION
2.0     BACK UP COPY
3.0     SERVER or STAFF ABUSE
4.0     UNSOLICITED EMAIL (SPAM) and Mailserver Abuse
5.0     PAYMENT POLICIES
6.0     CANCELLATION
7.0     INTELLECTUAL PROPERTY RIGHTS
8.0     NETWORK SECURITY
9.0     IP ADDRESS OWNERSHIP
10.0   LAWFUL PURPOSE
11.0   INDEMNIFICATION
12.0   DISCLAIMER

1.0  DOMAIN NAME REGISTRATION

We are a domain reseller for ENOM.  If you register a domain name or related service through Web Oshawa Inc., YOU ARE AGREEING TO THE POLICES of ENOM which can be found at http://www.enom.com/terms/ and which may change from time to time. 

1.1  You agree to pay Web Oshawa Inc prior to domain name registration, for the initial registration of the domain name and, should you choose to renew the domain name through us, subsequent renewals of the domain name.

1.2  All fees are non-refundable, in whole or in part, even if the Customer's domain name registration is suspended, cancelled or transferred prior to the end of the Customer's then current registration term.  Web Oshawa Inc reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time. 

1.3  In the event of a charge back or similar action by a payment provider for the Customer's domain name registration, the Customer agrees and acknowledges that the domain name registration shall be transferred to Web Oshawa Inc as the paying entity until any such charge back is resolved or covered in another form of payment.  That failing, we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase.

1.4  You agree to review and abide by the policies at this link: Enom Domain Policies

2.0  BACK UP COPY

Customers agree to maintain a current copy of all content hosted by Web Oshawa Inc notwithstanding any agreement by Web Oshawa Inc to provide back up services.  Ultimately, YOU ARE RESPONSIBLE to have copies of your website content and email accounts.

3.0  SERVER or STAFF ABUSE

IMPORTANT NOTE
Web Oshawa Inc has the right to discontinue service, or deny access to anyone who violates our terms and conditions WITHOUT WARNING OR PRIOR NOTICE.  No refunds of fees paid will be made if account termination is due to violation of the terms outlined herein.

3.1  Any attempt to undermine or cause harm to a server, or another customer of Web Oshawa Inc is strictly prohibited.  Unauthorized use of other people's accounts or computers is unacceptable.  Web Oshawa Inc 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 people into releasing passwords, password robbery, 
• security hole scanning,  etc. 

3.2  Any unauthorized use of accounts or computers by a Web Oshawa Inc customer, whether or not the attacked account or computer belongs to Web Oshawa Inc, 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.

Unacceptable uses include, but are NOT limited to: 

3.3  While we are not free speech supressors, we do not allow certain content.  Hosting accounts may be terminated that include or have links to the following content:

• material that is grossly offensive including expressions of bigotry, racism, or hatred
• providing instructional information about illegal activities
• promoting physical harm against any group or individual
• displaying material that exploits children under 18 years of age
• acts of copyright infringement including offering pirated programs, 
• information used to circumvent copy-protect devices, 
• serial numbers, or any type of serial number cracker utilities

3.4  Etiquette towards Web Oshawa Inc Staff.
We will not tolerate abusive behaviour towards our staff.  This includes abusive behaviour by email, support ticket, telephone, or any other method.  We are polite and expect the same from our customers.  If you have a problem with this policy, you should probably not sign up for our services.

4.0  UNSOLICITED EMAIL (SPAM) and Mailserver Abuse

Unsolicited commercial advertisements are not allowed in e-mail, and will LIKELY result in account cancellation. Since spam has become a threat to the internet, Web Oshawa Inc takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers. 

Note: If you use the services of another provider to promote a web site hosted by or through Web Oshawa Inc, then the provisions of the above Policy shall apply as if the spam were sent through our servers.

The following activities are NOT allowed: 

4.1  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 or to clients who have dealt with your company or organization.

4.2  Forging, altering or removing electronic mail headers is prohibited. 
Any domain sending stealth spam will be terminated without warning and without refund.

4.3  Mail Bombing
Sending numerous copies of the same or similar message with the intent to disrupt a server or account.

4.4  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.

4.5  Mail Harrasment
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 has asked to stop receiving e-mail; you must not send that person any further messages.

4.6  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 for legitimate reasons, we may waive this restriction.  If you know you are going to be sending more than 30,000 emails a month, please contact us in advance.

5.0  PAYMENT POLICIES

5.1  All accounts are set up on a pre-pay basis. 

5.2  All pricing is guaranteed for the term of pre-payment. 

5.3  Web Oshawa Inc reserves the right to change prices at any time.

5.4  Any account past due by 3 days is subject to suspension.

5.5  All payment is in Canadian currency.  

5.6  There is a charge of $35 per returned payment (check or credit card chargeback).
        Please contact us in advance should you wish to have us hold a postdated check on file.

6.0  CANCELLATION

6.1  Web Oshawa Inc reserves the right to cancel service at any time.  All fees paid in advance of cancellation will be pro-rated and paid by Web Oshawa Inc if Web Oshawa Inc institutes it's right of cancellation.  

6.2  All of Web Oshawa'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, you will be given a full refund 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. 

6.3  Refunds will be made by company check or issued back to your credit card (choice of refund method is decided by Web Oshawa Inc) within 30 days of receipt of cancellation. 

7.0  INTELLECTUAL PROPERTY RIGHTS

Intellectual Property Rights Material accessible to you through Web Oshawa's services may be subject to protection under 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 Web Oshawa Inc 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 Web Oshawa network.  If you use a domain name in connection with Web Oshawa Inc or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

8.0  NETWORK SECURITY

8.1  Customers may not use the Web Oshawa Inc 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 authorized to access, 
• password cracking, 
• probing the security of other networks in search of weakness, 
• or violation of any other organization's security policy.  

8.2  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.  Web Oshawa Inc 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.

9.0  IP ADDRESS OWNERSHIP

Web Oshawa Inc shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Web Oshawa Inc and Web Oshawa Inc reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

10.0  LAWFUL PURPOSE

10.1  Web Oshawa Inc reserves the right to refuse service to anyone.  Customers may only use Web Oshawa Inc servers for lawful purpose.  Transmission of any material in violation of any Federal or Local regulation is prohibited.  The designation of any materials is left entirely to the discretion of Web Oshawa Inc management.  

10.2  Regardless of the location of the customer, the customer agrees that for purposes of venue this contract was entered into in Oshawa, Ontario, Canada, and any dispute will be litigated or arbitrated in Oshawa, Ontario, Canada.  Defendants further waive all objections to venue. 

10.3  IN NO EVENT SHALL Web Oshawa's MAXIMUM LIABILITY $500.00 DOLLARS.

11.0  INDEMNIFICATION

CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD Web Oshawa Inc HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE LOGAL FEES ASSERTED AGAINST Web Oshawa Inc, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, 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 Web Oshawa Inc AGAINST LIABILITIES ARISING OUT OF, ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Web Oshawa Inc., or ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY, or COPYRIGHT INFRINGEMENT or ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM Web Oshawa SERVERS.

12.0  DISCLAIMER