Terms of Use

Web Oshawa
Standard Acceptable Use Policy

Terms of Use

Web Oshawa provides Internet World Wide Web page hosting, Marketing, and Development. Web Oshawa has certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services.

Web Oshawa's general policy is to act as a provider of Internet presence. Web Oshawa reserves the right to suspend or cancel a customer's access to any or all services provided by Web Oshawa when we decide that the account has been inappropriately used.

Server Abuse

Any attempt to undermine or cause harm to a server, or customer, of Web Oshawa is strictly prohibited.

Unauthorized use of other people's accounts or computers is unacceptable. Web Oshawa 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 Web Oshawa customer, whether or not the attacked account or computer belongs to Web Oshawa, 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 - Web Oshawa 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 of 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 on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by Web Oshawa to be unacceptable use of Web Oshawa's services including abuse of server resources.

Shared 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.

Web Oshawa 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.

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

CGI Scripts

Each web hosting account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal shared server operation without prior warning.

Chat Rooms

We do not allow clients to install their own chat rooms within a shared hosting account, without approving it with the Web Oshawa Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a Java chat room that will usually more than fill your needs and run without hindering the performance of the machine for others. Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install.

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 moved to a special server that is specifically designed to handle high volumes of e-mail. You will be charged a fee in addition to your regular hosting charges if your account is moved to this server. If you know you are going to be sending more than 30,000 emails a month, please contact webmaster@weboshawa.com to have your domain moved.

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.

IRC

We currently do not allow IRC or IRC bots to be operated on our servers. You can however, install IRC clients on managed dedicated servers. IRC servers are not permitted on our network.

Payment Policies

All accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of pre-payment. Web Oshawa 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 Web Oshawa at cancel@weboshawa.com to request termination of services. All payment is in Canadian currency. Web Oshawa will bill each client $15.00 per returned check, per wire transfer returned and per credit card chargeback received. Please contact the billing department at billing@weboshawa.com should you wish to have Web Oshawa hold a postdated check on file.

Cancellation

Web Oshawa 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 if Web Oshawa institutes it's right of cancellation.

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 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. Refunds will be made by company check or issued back to your credit card within 30 days of receipt of cancellation.

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 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 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 Web Oshawa 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. Web Oshawa 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.

IP Address Ownership

Web Oshawa shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Web Oshawa and Web Oshawa 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 Web Oshawa prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the Web Oshawa 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. Web Oshawa 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 Web Oshawa 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 Web Oshawa) 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 Web Oshawa 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. Web Oshawa will reinstate Customer's domain name registration solely at Web Oshawa's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

Lawful Purpose

Web Oshawa reserves the right to refuse service to anyone. Customers may only use Web Oshawa server for lawful purpose. Transmission of any material in violation of any Federal 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 Web Oshawa management. Regardless of the place of signing this agreement, the client 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 and acknowledge that venue in any such litigation will be held in Ontario courts. IN NO EVENT SHALL Web Oshawa's MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.

Indemnification

CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD Web Oshawa HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST Web Oshawa, 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 AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Web Oshawa'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 Web Oshawa'S SERVER.

Disclaimer

Web Oshawa WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. Web Oshawa MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. Web Oshawa 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 Web Oshawa AND ITS EMPLOYEES. Web Oshawa RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.

ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF Web Oshawa MUST ADHERE TO THE ABOVE POLICIES.

FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.

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