| Web Hosting Terms Of Service |
By submitting the online order form on SUNPROWEB's website, or by using SUNPROWEB's hosting service, Customer hereby agrees to this Terms of Service (TOS).
Unless otherwise specified, in this TOS, the usage of "us", "we", "our", and "ours" shall refer to SUNPROWEB and the usage of "you", "your", "they", and "them" shall refer to the Customer.
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| 1. General Terms |
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In consideration of hosting services to be delivered, Customer agrees to be bound by the following terms and conditions: |
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1.1. |
Customer agrees to pay in advance of each monthly or annually service term, for hosting services to be rendered. |
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1.2. |
Customer agrees to be bound by the service term selected on the online order form or via applicable promotions that may require Customer to order SUNPROWEB's hosting service for a certain minimum period of time. |
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1.3. |
Non-Payment of services shall result in a 7-day notice of disconnection. All payment failures must be cured within 7 days of notice. |
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1.4. |
SUNPROWEB is not and shall not responsible for data integrity for any accounts that are terminated, disconnected, or interrupted because of Customer's failure to pay. |
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1.5. |
Customers agree to pay all taxes applicable to their account. |
| 2. Agreement for Services |
| | 2.1. | SUNPROWEB will provide, and Customer will purchase and pay for, the Web Hosting services (the "Services"), according to the service fees specified in the SUNPROWEB's website. Customer acknowledges that the service, and service fees have been communicated to the Customer, and that Customer is aware of all applicable charges. Customer also understands that no promotional offers will apply to their individual service unless specified in this Agreement. |
| | 2.2. | In connection with any Hosting Services, if Customer's actual bandwidth usage in any month exceeds the allotted amount specified in the plan, Customer will pay additional fees. We monitor all accounts for traffic allowance and bill $5.00 per month for each GB (gigabyte) of traffic exceeded. This amount is not prorated, meaning that 1 MB or 1GB excess traffic will be treated and billed as the same. |
| | 2.3. | Services provided by SunProWeb may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any Canadian federal, provincial or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. |
| 3. Payment |
| | 3.1. | Establishment and provision of service is contingent upon receipt of payment from Customer to SUNPROWEB. Customer must pay in full for the Services before SUNPROWEB begins to provide the Services to Customer. |
| | 3.2. | Payment is due on the defined monthly recurring billing date of each month or year for monthly and annually plans respectively. All returned checks will be charged a $25.00 service fee. Service will be interrupted on accounts that reach 7 days past due. Accounts that are not collectable by SUNPROWEB will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay a Processing and Collection fee of not less than $75.00 nor more than $150.00. |
| 4. Delinquent Accounts |
| | 4.1. | SUNPROWEB may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, and any collection fees to which SUNPROWEB may be entitled under this Agreement or under applicable law. |
| | 4.2. | SUNPROWEB will terminate this Agreement immediately (without notice), if your account is found to contain adult contents, illegal activity, illegal MP3 files, pirated software, hacker programs, warez programs, or any other illegal files. Additionally SUNPROWEB will notify the proper authorities of your actions. |
| 5. Account Cancellation |
| Customers may voluntarily cancel their account at any time, for any reason or for no reason, by sending a cancellation request to:
sales@sunproweb.com
Once a Customer has cancelled the account, no more charges will be billed. Customers can terminate their account for any reason or for no reason, however, Customer understands that monthly web hosting service fees are non-refundable, and annual web hosting service fees are refundable based on the unused months of service fee minus $25 processing fee.
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| 6. Refunds |
| | 6.1. | Monthly web hosting service fees are non-refundable. Annual web hosting service fees are refundable based on the unused months of service minus $25 processing fee. |
| | 6.2. | Without waiving any of its other rights under this Agreement, SUNPROWEB offers to its Customers a 30-day money-back guarantee on hosting service fees only (the "30-Day Guarantee"). If for any reason you cancel your account within 30 days of the beginning of your service, SUNPROWEB will refund your money minus 5% processing fee with no questions asked; provided, however, that you have never previously obtained a refund under the 30-Day Guarantee.
The 30-Day Guarantee is subject to all of the following limitations:
- You are entitled to a maximum of one 30-Day Guarantee.
- If you do not cancel your account within thirty days of the beginning of your service, your right to the 30-Day Guarantee shall expire forever and may not be revived under any circumstances.
- You may not transfer or assign the 30-Day Guarantee to any third party.
- You agree that you will not circumvent the restrictions on the 30-Day Guarantee described in this document, or attempt to circumvent those restrictions by any means, including, but not limited to, the following actions:
- Creating multiple accounts, using the same customer name or different customer names;
- Canceling your account for the sole purpose of obtaining a refund and then registering for a new account;
- Organizing multiple business entities or using assumed business names for the purpose of circumventing these restrictions;
- Knowingly providing false or misleading information when you register for your account; or
- Requesting a refund under the 30-Day Guarantee at any time after you have already received a refund under that guarantee.
Changes to your service, including, but not limited to, adding new services, removing services, or changing the type of hosting plan you have do NOT make you eligible for an additional 30-Day Guarantee.
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| 7. | Customer agrees to defend, indemnify, and hold harmless SUNPROWE, and the parents, subsidiaries, successors, assigns, employees and agents of SUNPROWEB against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an indemnified party may become subject and which Losses arise out of, or relate to this Agreement or Customer's use of the Services, and to reimburse an indemnified party for all legal and other expenses, including reasonable attorneys' fees incurred by such indemnified party in connection with investigating, defending, or settling any Loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party. |
| 8. | SUNPROWEB SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR |
| | 8.1. | ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, OR LOSS OF DATA RESULTING FROM THE USE OF SERVICES BY CUSTOMER OR ANY THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, OR |
| | 8.2. | ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS. |
| 9. | SUNPROWEB PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. SUNPROWEB DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SERVICES AND SUNPROWEB SHALL HAVE NO LIABILITY THEREFOR. |
| 10. | TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUNPROWEB DISCLAIMS, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. |
| 11. | SUNPROWEB DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS, ACCURACY, OR USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED THROUGH ITS SERVICES, ITS SYSTEMS, ITS NETWORKS, OR THE INTERNET. |
| 12. No Waiver of Rights by SUNPROWEB |
| Any failure by SUNPROWEB to enforce this Agreement in every instance in which it might apply does not amount to a waiver of any of SUNPROWEB's rights. |
| 13. Notices |
| | 13.1. | From SUNPROWEB to Customer.
SUNPROWEB will notify you by email of any notices that is required to provide to you under this Agreement, at the most current email address you have provided to SUNPROWEB. By entering this Agreement, you consent to receive notices by email. You are solely responsible for ensuring that SUNPROWEB has your most current email address, and SUNPROWEB shall not be responsible for any lost, misdirected, bounced, forwarded, or undeliverable email that SUNPROWEB sends to the most current email address you have provided to SUNPROWEB.
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| | 13.2. | From Customer to SUNPROWEB.
Unless otherwise specified in this Agreement, notices to SUNPROWEB shall be sent to: sales@sunproweb.com
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| 14. Currency |
| All monetary amounts to which this Agreement refers shall be in Canadian dollars. |
| 15. Entire Agreement |
| This Agreement, including all of its component parts, comprises the entire agreement between you (the Customer) and SUNPROWEB, and supersedes any prior or previous agreements between you and SUNPROWEB with respect to the subject matter of this Agreement; provided, however, that you agree that you shall be subject to any additional terms and conditions of which SUNPROWEB notifies you from time to time, pursuant to this Agreement. |
| 16. No Oral Modification of this Agreement |
| This Agreement may not be modified orally. |
| 17. Assignment |
| | 17.1 | Customer shall not assign or attempt to assign its obligations under this Agreement without SUNPROWEB's prior and express written consent to such assignment. |
| | 17.2 | SUNPROWEB may assign any or all of its rights and obligations under this Agreement at any time without prior notice to or consent of Customer. |
| 18. Consent to Jurisdiction and Venue |
| Jurisdiction and venue for arbitration or litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof shall be proper only in a venue determined by SUNPROWEB. |
| 19. Choice of Law |
| For all purposes, this Agreement shall be deemed to have been made within the Province of Ontario, Canada. This Agreement shall be governed by the laws of Canada and the laws of the Province of Ontario, and SUNPROWEB and Customer each submit to the exclusive jurisdiction of the courts of Toronto, Ontario. |
| 20. Force Majeure |
| SUNPROWEB shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause beyond the reasonable control of SUNPROWEB. |
| 21. Limitation of Actions Arising Under this Agreement. |
| Any cause of action you may have with respect to SUNPROWEB's performance or alleged non-performance of this Agreement must be commenced within 60 days after the claim or cause of action arises or such claim or cause of action is forever barred. |
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