Terms of Service

THIS CONTRACT FORMS THE ENTIRE AGREEMENT BETWEEN THE PARTIES. THE PLACING OF YOUR ORDER FOR SERVICES CONSTITUES COMPLETE ACCEPTANCE OF THIS CONTRACT.

DEFINITIONS

"Hosting Provider" means See iDesigns, its subsidiaries, affiliates, and assigns.

"Subscriber" means the person or entity who receives web hosting services provided by the Hosting Provider.

TERMS OF SERVICE

  1. The Hosting Provider agrees to host the Subscriber's website on the Hosting Provider's server in exchange for a monthly service fee which shall become payable, due, and owing by the Subscriber on the first day of each month. The service fee shall be as set out in the Application for Web Hosting and the Hosting Provider may in its sole discretion change the service fee at any time upon at least 30 days notice to the Subscriber.
  2. Hosting service fees are due prior to the setting up of the Subscriber's account.
  3. The Subscriber shall provide its credit card information through the Hosting Provider's secure service as part of the Application for Web Hosting. Unless otherwise agreed, all payments shall be charged to the Subscriber's credit card on the first day of each month.
  4. The Subscriber may cancel the its account at any time by giving notice to the Hosting Provider at least 30 days before the first day of the next month. If notice is not given in this manner, then the Subscriber is deemed to have renewed its subscription for the next month and will be responsible for that month's service fee.
  5. The Hosting Provider may cancel the Subscriber's account at any time by giving notice to the Subscriber at least 30 days before the first day of the next month.
  6. All notices required to be given under this Contract shall be made to the Hosting Provider's or Subscriber's postal mailing address or email address as specified in the account Application. It is the responsibility of the Subscriber to notify the Hosting Provider of any changes of address. The notice shall be deemed to have been given when the notice has been delivered to the Subscriber, whether or not the Subscriber has actual knowledge of it.
  7. Services provided to the Subscriber by the Hosting Provider may only be used in accordance with all applicable laws, statutes, regulations and rules and solely for lawful purposes. Transmission, promulgation, theft, procurement of, communication, alteration, publication or storage of any information, protected material or property, data or material in violation of any National Law of any sovereign nation, or of International Law, the United States Code, or of any state, provincial, or local law, statute, regulation or rule is strictly prohibited. This includes, but is not limited to any material, data, matter, software/software code, intellectual property, protected by copyright, trade mark, privacy or other proprietary, personal or property right, trade secret, or any other statute. It is unlawful and a violation of this Agreement to communicate, transmit, or promulgate in any matter, means or medium, material legally judged to be threatening, any threatening or harassing communication of any sort, or to otherwise use these services for any illegal or unlawful purposes.
  8. Any attempt to violate the security, stability, or integrity of any of the Hosting Provider's servers, servers used by the Hosting Provider, or the Hosting Provider itself is strictly prohibited and will result in the immediate cancellation of all services and legal action.
  9. The Hosting Provider shall have the right to terminate or suspend the Subscriber's account service any time and without notice for reasonable cause, including a breach of this contract, inappropriate website content, or overage in bandwidth. The Hosting Provider will be the sole arbiter as to what constitutes a reasonable cause.
  10. The Subscriber agrees that the Hosting Provider has the right to delete all data, files or other information that is stored on the Hosting Provider's server if the Subscriber's account is terminated or cancelled for any reason whatsoever by either the Hosting Provider or the Subscriber.
  11. All Trademarks are property of their respective owners.
  12. The Subscriber agrees to indemnify and save harmless the Hosting Provider, its owners, officers, shareholders, agents and employees and its other Subscribers from any and all claims, costs, expenses, judgments, causes of actions, lawyers' fees, litigation, court costs, or damages suffered by the Hosting Provider, which result from the Subscriber's use of the hosting services in any manner, whether directly, indirectly, or by any act of commission or omission.
  13. The Subscriber is solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to (i) the Subscriber's use of any hosting services, and (ii) the communications means by which the Subscriber connects their terminal or PC to the hosting services or any other service provided by the Hosting Provider.
  14. In the event the Hosting Provider is required to engage the services of a lawyer because of a breach by the Subscriber of any of the terms herein contained, the Subscriber agrees to pay all of the Hosting Provider's reasonable legal fees and court costs. Upon breach of this Contract, all of Subscriber's rights and privileges shall be immediately terminated and upon any such termination for breach of the provisions of this Contract, or the breach of any applicable law or statute governing the use of the services provided, all Subscriber fees shall be forfeited as liquidated damages to the Hosting Provider.
  15. Any rights granted to the Subscriber by this Contract may not be transferred, shared, sold, assigned, or used by anyone other than the Subscriber.
  16. The Subscriber certifies that he or she is at least 18 years of age, and agrees to assume the responsibility of a parent or guardian for any minors who may have access to the Subscriber's account provided by the Hosting Provider.
  17. THE HOSTING PROVIDER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY OF ITS SERVICES OR PRODUCTS, AND THE HOSTING PROVIDER HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION (i) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES; AND (ii) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
  18. THE HOSTING PROVIDERS'S LIABILITY, (INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR LOSS OR DAMAGE CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR BY ANY OTHER CAUSE OF ACTION, INTENTIONAL OR OTHERWISE), SHALL BE STRICTLY LIMITED TO THE FEES PAID BY OR ON BEHALF OF THE SUBSCRIBER TO THE HOSTING PROVIDER FOR THE MONTH DURING WHICH THE LOSS OR DAMAGE ARISES.
  19. The Hosting Provider shall not be liable to the Subscriber for any claims or damages which may be suffered by the Subscriber, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries, or service interruptions whether or not caused intentionally or by the fault or negligence of the Hosting Provider. The Subscriber hereby agrees to indemnify and save harmless the Hosting Provider from any and all claims of whatever nature against the Hosting Provider.
  20. The Hosting Provider strictly prohibits email spamming from accounts on its servers or from any machine not on its network where the recipient of the bulk mailing response is either a web site hosted by the Hosting Provider or an email account on a Hosting Provider server. "Spamming" is defined as sending unsolicited email to a list of email addresses. The Hosting Provider will adjudge whether Spamming has occurred. If any third party Spamming is found by the Hosting Provider to advertise the Subscriber's website hosted by the Hosting Provider, the Hosting Provider may terminate the Subscriber's account without notice.
  21. Upon acceptance of the Subscriber's Account Application and upon payment as provided therein, the Subscriber will be provided with the Subscriber's personal access instructions and access to the Hosting services selected, which permissions shall remain valid and in force and effect during the term of this Agreement subject to changes made by the Hosting Provider of which Notice will be given to the Subscriber.
  22. The Subscriber agrees to comply with all hosting policies as noted prior to signing up with the Hosting Provider's services. The Subscriber agrees that if it at any time does not comply with these policies, the Hosting Provider may, at it's discretion, terminate the Subscriber's rights and privileges, and upon any such termination all fees already paid shall be forfeited as liquidated damages to the Hosting Provider.
  23. This Contract represents the complete understanding between the parties as to the subject matter hereof, and supersedes all prior written or oral negotiations, representations, guarantees, warranties, promises, orders, statements or agreements between the parties or any statement or representation made or furnished by any other person representing or purporting to represent either party.
  24. These Terms and Conditions supersede all previous representations, understandings or agreements. If any term or part of this contract is found to be ineffectual in law, the rest of the contract remains in full force and effect.