Web Hosting Terms of Service
www.milanweb.ca, is operated by Milan Web Development.
This service contract (hereinafter the “CONTRACT”) is between Milan Web Development (hereinafter MWD) and the applicant, You (hereinafter CLIENT) who wishes to purchase Internet Web Hosting services with MWD.
The Virtual Web Server Internet account and related electronic services can only be used for legal purposes under all federal, provincial, and local laws.
2. Relationship between MWD and CLIENT
MWD will use its best efforts to maintain a full time 24/7 Internet presence for CLIENT.
CLIENT’s rights and privileges cannot be sold or transferred without the written consent and approval from MWD sixty (60) days in advance.
This contract represents the complete understanding between CLIENT and MWD. If CLIENT sells advertising to a third party the CLIENT will be held responsible for the content of that advertising and the actions of that third party.
CLIENT agrees not to harm MWD, its reputation, computer systems, programming and/or other CLIENTS using MWD’s services.
MWD reserves the right to refuse service and cancel a CLIENT account at any time.
3. Interruptions in Service
MWD is not liable for any errors or interruption in service, whether within or outside of MWD’s reasonable control. CLIENT understands interruptions may or may not occur and CLIENT will hold MWD free and harmless from any damages incurred in any event of any time of loss. Service may be temporarily unavailable for scheduled maintenance, either by MWD or by third-party providers, or because of power interruptions or other causes.
4. Password Protection
CLIENT is responsible for protecting CLIENT’S password and for any authorized or unauthorized use made of CLIENT’s password. CLIENT will not use or permit anyone to use MWD’s service to guess passwords or to access other systems or networks without authorization. MWD will fully co-operate with law enforcement authorities in the detection and prosecution of illegal activity.
5. IP Addresses
CLIENT must return to MWD all IP addresses issued by MWD to CLIENT if CLIENT discontinues service with MWD or if MWD discontinues service.
6. Internet Etiquette
CLIENT is expected to be familiar with and to practice good Internet etiquette (Netiquette). CLIENT will comply with the rules appropriate to any network to which MWD may provide access. CLIENT should not post, transmit, or permit Internet access to information CLIENT desires to keep confidential. CLIENT is not permitted to post any material that is illegal, libelous, tortuous, or likely to result in retaliation against MWD by offended users. MWD reserves the right to refuse or terminate service at any time. CLIENT will indemnify MWD and hold MWD harmless from any damage to MWD’s business, service, equipment, network(s) operations, or reputation resulting from CLIENT’s actions, including but not limited to any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort.
MWD has the right to refuse service if CLIENT content of information provided is deemed illegal, unethical, misleading, contains child pornography, bestiality, promotion of illicit drugs, hate groups or literature by CLIENT and/or CLIENT’s third-party.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to: unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email firstname.lastname@example.org.
The use of a shared hosting account as a backup/storage device is not permitted with the exception of one backup of the same account. Please do not take backups of your backups.
Do not backup the content of your local computer to our servers. All content stored on the server must be publicly accessible via the website.
Examples of unacceptable material on all hosting plans include:
Image Hosting Scripts (similar to Photobucket or Tinypic)
Mail Bombers/Spam Scripts
Large collection of MP3 files and/or DVD/CD ISO Image Files
Banner-Ad services (commercial banner ad rotation)
File Dump/Mirror Scripts (similar to rapidshare)
Commercial Audio Streaming (more than one or two streams)
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Hateful/Racist/Harassment oriented sites
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Push button mail scripts
Broadcast of Streaming of Live Sporting Events
Anonymous or Bulk SMS Gateways
PayDay Loan Site
CLIENTS who provide the above-mentioned content are in breach of the contract. MWD may terminate service without notice and without any refunds of CLIENT’s unused pre-paid portion of funds.
8. Resource Usage
The following are restrictions on shared hosting plans:
Taking up more than 20% system resources for more than 90 seconds. Numerous activities can cause this such as CGI scripts, FTP, PHP, HTTP, MySQL, etc
Running unattended standalone server side daemons such as IRCD
Running any scripts (web spider) which indexes websites
Running any BitTorrent application, tracker, or client. You may link to torrents off-site, but may not host or store
Running any file-sharing/peer-to-peer activities
Running any game servers
Running any cronjobs less than 15 minute intervals
Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file (webpage, image file, email, etc) on your account uses up 1 inode. The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension will occur.
9. Backups and Data Loss
The backup service is provided as a courtesy to our shared and reseller customers. MWD backup service runs once a week, overwrites any of our previous backups made, and only one week of backups are kept. MWD makes no guarantees about the weekly backups, and require a $90 fee to restore the backups. MWD will not be responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by MWD. Any shared account using more than 10 GB of disk space will be removed during weekly backup.
10. Uptime Guarantee
All packages come with an Uptime guarantee of 99.9%. The service provided is of such a nature that service can be interrupted for many reasons. CLIENT agrees that the company shall not be liable for any damages, injury and/or loss of data. Data includes any files hosted on any server hosted by MWD
11. Unsolicited Commercial Email
The MWD network(s) may not be used to transact Unsolicited Commercial E-mail (UCE). This is commonly referred to as SPAM. CLIENTS of MWD may not use, or permit others to use, the MWD network(s) to send UCE. MWD will not host, or permit hosting of sites or information that is advertised by UCE from other networks. MWD will not permit CLIENTS to SPAM newsgroups, or SPAM from other networks or that may or may not point to a site on MWD’s network. CLIENTS that transact UCE are in breach of this contract. Every reasonable attempt will be made to contact the CLIENT and allow them to resolve the problem or complaint before taking action. MWD reserves the right to place a temporary block in the event the CLIENT is unreachable, or is unable to stop the UCE. CLIENT will constitute this contract as “fair warning” as to MWD’s strict “NO SPAM” policy. MWD reserves the right to terminate services without any refunds of the unused portion prepaid by CLIENT when CLIENT is in violation of “NO SPAM” policy. Notice given by electronic mail shall be deemed received on (1) business day after it is posted to the recipient’s e-mail address. MWD will also fine the individual $500.00 per SPAM incident.
12. Warranty and Assumption of Risk
CLIENT uses MWD services at CLIENT’s own risk. MWD makes no warranty expressed or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose. MWD shall not be liable for any loss or other damage, including but not limited to special, incidental, consequential, or punitive damages, resulting from any failure to provide service or from any termination of service. MWD has no control whatsoever and shall not be responsible to CLIENT for the content of any web site or for the content of any third-party material passing through or associated with CLIENT’s web site, some of which may be illegal, inaccurate, adult in nature, harmful, or offensive.
13. Term of Contract, Termination, and Renewal
All contracts are on a recurring basis. CLIENT shall pay MWD recurring fees (hereinafter “Recurring Fees”), plus bandwidth charges as outlined on invoice. Pre-payment of recurring fees is due by the time stated on MWD’s invoice. Amounts past due may result in the termination of CLIENT’s account. Taxes, special services and third party charges will be stated separately on the invoice. CLIENT shall pay all taxes, fees, and governmental charges. MWD may change prices without notice and it is the CLIENT’s responsibility to check the website for updates. Grandfathered accounts will not be affected.
All cancellations by CLIENT of service or changes in service must be done in writing to MWD. It can be done by email (email@example.com) or via regular post to Milan Web Development, 2117 Murrelet Drive, Comox, BC, V9M 3P5. The 30-Day Money-Back Guarantee is offered on Shared Hosting plans only. If a cancellation is requested within 30 days of the initial setup date, then the full hosting fees will be refunded. After 30 days, Shared Hosting plans will not be refunded. The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account: bank wire transfers, Interac Email Transfers, cheques, and money orders. There are no refunds on installation fees for custom software, domain name purchases, or SSL purchases. Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. Violations of the legal agreement will waive the refund policy.
If CLIENT breaches any part of this contract and MWD has to engage the services of an attorney, the CLIENT will pay any and all of MWD’s reasonable attorney fees and court costs.
All CLIENT fees are due in advance of the first day of the relevant term. For example, the fees for such services, ie. Web Hosting, during the term shall be due on the Effective Date or before the provision of Services. The fees for Services for Renewal Term are due on or prior to the Anniversary Date for such Renewal Term. The amount due may be adjusted by addition of Services, Upgrade of Services, discontinuance of services or downgrade of services. The fees for additional or upgraded services for which the “Order” is accepted will be due on the anniversary billing date will be pro-rated on a calendar day basis to the next Anniversary Billing Date and billed as a one time pro-rated charge. All fees will be due for the following renewal terms until cancelled in Section 13a. In the event that a customer does not pay service fees by the Renewal Date, customer will be assessed a fee of $20.00 and must be submitted within 7-days of the customers renewal date. At the end of 7-days, services including Web Hosting Servers and Data, will become inaccessible and will automatically be reclaimed.
14. Limitation of Liability
In no event shall MWD or any of its contractors, or employees be liable for any loss of profit or revenue by CLIENT or for any consequential, incidental, special or exemplary damages incurred or suffered by CLIENT, even if MWD has been advised of the possibility of such loss or damage. CLIENT shall indemnify and hold harmless MWD from and against any and all claims, costs, expenses or liability arising out of CLIENT’s (inclusive CLIENT’s officer, contractors, employee agents and invitees) collective or individual use, occupancy or operation of CLIENT’s web site content and/or information.
MWD reserves the right to revise its policies at any time without notice.