This User Agreement ("Agreement") is an agreement between Penticton Web Design, Inc., and the party set forth in the related Registration Form ("User" or "You" and "Your") incorporated herein by reference (together with any subsequent Registration Forms or other online signup, acceptance or order form submitted by User, the "Registration Form"), and applies to the purchase of all services ordered by User on the Registration Form (collectively, the "Services"). As used herein the term "User" and "You" shall also include any and all users, Customers, subscribers, affiliates (including without limitations Users or non-Users to whom Penticton Web Design provides links or banners to promote the services or products of Penticton Web Design or any third party the services or products of which are offered by or obtained through or in connection with Penticton Web Design), resellers or others (i) who sign up for, use or obtain services or products from Penticton Web Design or from any third party services or products of which are offered by or obtained through or in connection with Penticton Web Design, or (ii) who visit the Web sites of Penticton Web Design and Penticton Web DesignWEB or of any such third party.
PLEASE READ THIS AGREEMENT CAREFULLY.
SIGNING UP FOR THE SERVICES CREATES A CONTRACT BETWEEN YOU AND US, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION AND THIS USER AGREEMENT. YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING OUR ACCEPTABLE USE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
at anytime by either party by giving the other party thirty (30) days prior written notice, provided that we may charge You a minimum $35.00 charge as an early cancellation fee.
If an account with a thirty (30) day money-back guarantee is purchased and cancelled within thirty (30) days of sign-up, the User will, upon request, receive a full refund of all hosting fees. Requests for these refunds should be made through our Support Team. Refunds made for a thirty (30) day money-back guarantee will not include domain registration fees or setup fees, nor will they include any fees for additional services that are purchased in the first thirty (30) days. If your plan includes a free domain name and You cancel within the first 30 days, a fee for the domain will be deducted from your refund. If you do not wish to keep the domain name, Penticton Web Design will take possession of the domain and the fee will not be charged.
The thirty (30) day money-back guarantee is valid for credit-card payments only. Due to the costs associated with processing payments made by other methods, we are not able to offer the thirty (30) day money-back guarantee for other payment methods.
If You cancel this Agreement, upon proper notice to Penticton Web Design, prior to the end of the Initial Term or any Term thereafter,
Penticton Web Design may (but is not obligated to) refund to You all pre-paid fees for basic hosting services for the full months remaining after effectiveness of cancellation (i.e., no partial month fees shall be refunded), less any setup fees, cancellation fees, and any discount applied for prepayment, provided that You are not in breach of any terms and conditions of this AUP, User Agreement, Anti-Spamming Policy or Domain Policy;
If your plan includes a free domain name, a fee for the domain will be deducted from your refund. If you do not wish to keep the domain name, Penticton Web Design will take possession of the domain and the fee will not be charged.
Penticton Web Design may terminate this Agreement, without penalty,
The user is responsible for maintaining complete backups for any files, content, software, or other items stored from time to time in a VPS account or VPS container. Penticton Web Design does not maintain such back-ups.
As part of Penticton Web Design's ongoing hosting, Penticton Web Design does create and store on a temporary basis VPS backups which are intended for Penticton Web Design's disaster recovery only which are typically available only in the event of hardware failure, and only for a short period thereafter. Penticton Web Design cannot guarantee the existence, accuracy or completeness of any backups. Please note that typically a complete VPS restoration will overwrite anything stored in your VPS account.
Bandwidth and Disk Usage. Penticton Web Design provides Users with bandwidth, disk space and other resources, such as e-mail and/or file-transfer-protocol ("FTP") accounts, the amount of which is defined in Penticton Web Design's web pages describing the package of Services purchased at the time of purchase. In some cases, Penticton Web Design may not establish a specific amount of bandwidth, disk space and other resources, and refer to that as "Unlimited". In all cases, the Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. Penticton Web Design reserves the right to suspend, discontinue or delete the accounts of Users whose use of disk space, bandwidth or other resources results in or presents the risk of degradation of service to other customers, regardless of the amount of disk space, bandwidth or other resources included in the User's plan. User agrees that such usage shall not exceed the amounts set by Penticton Web Design for the Services purchased (the "Agreed Usage") and is additionally subject to normal usage guidelines established by Penticton Web Design as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and User's active electronic mail services related solely to User's web hosting account(s) with Penticton Web Design.
Hosting space is intended for normal use only, and is limited to Web files, active e-mail and content of the hosted Web sites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, electronic mail or FTP hosts. You are responsible for removing any files, e-mails or other data which do not meet these requirements, and for adhering to any usage requirements or limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials (including without limitation files and e-mails), and/or in discontinuation of your services or account, which actions we may take in our sole discretion.
Penticton Web Design will monitor User's use of bandwidth, disk usage and other resources. Penticton Web Design, in its sole discretion, shall have the right to take any corrective action if User's utilization of bandwidth, disk usage or other resources exceeds the Agreed Usage, normal usage, or is used for other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of User's Web site, User Content, User's electronic mail and e-mail services and/or other materials and services or termination the User's account and of this Agreement, which actions may be taken in Penticton Web Design's sole and absolute discretion.
If Penticton Web Design takes any such corrective action under this section, User shall not be entitled to a refund or credit of any fees paid prior to such action. User will comply with all applicable laws, rules and regulations regarding User's Web site, User Content and/or User's electronic mail services, including use of bandwidth, disk usage and other resources and will use such services and resources only for lawful purposes. User may not utilize: the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization; the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party; the Services to traffic in illegal drugs, gambling, obscene materials or any other products or services that are prohibited under applicable law; the Services to export encryption software to points outside Canada in violation of applicable export control laws; the Services to forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message. If Penticton Web Design learns or discovers that User is violating any law related to User's Web site, User Content and/or User's electronic mail services, use of bandwidth, disk usage or other resources or Agreed Usage, Penticton Web Design may be obligated to or may in its discretion inform the necessary law enforcement and/or any related agency(ies) of such conduct and may provide such agency(ies) with information related to User, User's Web site, User Content and/or User's electronic mail.
User is responsible for complying with any usage requirements or limits for bandwidth, disk space or other resources, and monitoring such usage to ensure the Web site does not violate such requirements or exceed any such limits allocated for the account(s) and otherwise complies with this Agreement. Penticton Web Design will use commercially reasonable efforts to e-mail Users who are at or near their utilization limits, but Penticton Web Design does not take responsibility if e-mail notification(s) is not received by the User. Penticton Web Design reserves the right to discontinue service through the beginning of the next month for your account in the event that it exceeds the any such allotment.
VPS is different from shared hosting, and VPS customers should be technically advanced and prepared to use and operate a server, various Operating Systems, Linux and root access.