TERMS AND ACCEPTABLE USE

TERMS AND CONDITIONS

Please read these Terms and Conditions carefully. These Terms and Conditions may be updated at any time without any prior notice. It is your obligation to review these Terms and Conditions periodically.

By using Northern Website Services' (nws.ca) services you accept and will be bound by the Terms and Conditions specified and to any subsequent changes to the Terms and Conditions.If you do not wish to be bound by these terms and conditions, you may not purchase or utilize our services.

ACCEPTABLE USAGE POLICY

This Acceptable Use Policy governs the use of Northern Website Services' (nws.ca) website and web hosting service. Violation of this Policy may result in suspension or termination of your service. Northern Website Services reserves the right to determine what constitutes unacceptable use of Northern Website Services' services and we reserve the right to take action at our sole discretion. If you have any questions regarding this Policy, contact support@nws.ca.

Offensive Content

You may not publish or transmit via Northern Website Services' (nws.ca) service any content that Northern Website Services reasonably believes is offensive, harmful or illegal including but not limited to the following:

Child pornography
Pornography
Violence, incites violence, threatens violence, or contains harassing content or hate speech
Spam, unsolicited e-mailing
Chain letters and pyramid schemes
Defamation or violation of a person's privacy
Risk to personal or public safety and or health
Interference with an investigation by law enforcement
Infringes on a person's copyright, trademark, service mark, patent, or other property right
Any illegal activity or promotion of illegal activity
is otherwise malicious, fraudulent, or may result in retaliation against Northern Website Services by offended viewers

Content "published or transmitted" via nws.ca's service includes Web content, e-mail, and any other type of posting or transmission that relies on any Internet service provided by nws.ca.

Material Protected by Copyright

You may not publish, distribute, or otherwise copy in any manner any work protected by copyright law unless:

You have been expressly authorized by the owner of the copyright for the work to copy the work in that manner.
You are otherwise permitted by established Canadian copyright law to copy the work in that manner.

Northern Website Services will terminate the service of repeat copyright infringers without notice.

Internet Abuse

You may not engage in illegal, abusive, or irresponsible behavior, including:

Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to Northern Website Services and its customers) without express authorization of the owner of the system or network.
Monitoring data or traffic on any network or system without the authorization of the owner of the system or network.
Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
Use of an Internet account or computer without the owner's authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning.
Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
Any conduct that is likely to result in retaliation against the Northern Website Services' network.
Use of Northern Website Services' network in a way that unreasonably interferes with Northern Website Services' other customers use of the network

Disclaimer

Northern Website Services is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers' activities and disclaims any responsibility for any misuse of the Northern Website Services' network. Inquiries regarding this policy should be directed to services@nws.ca.

SPAM POLICY

Northern Website Services prohibits the use of Northern Website Services' services in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial e-mail ("Spam"). You or your clients may not use any Northern Website Services' services to send Spam. You or your clients also may not deliver Spam or cause Spam to be delivered to any of Northern Website Services' services or customers. In addition, e-mail sent, or caused to be sent, to or through the Northern Website Services' services may not:

Use or contain invalid or forged headers.
Use or contain invalid or non-existent domain names.
Employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path.
Use other means of deceptive addressing
Use a third party's internet domain name, or be relayed from or through a third party's equipment, without permission of the third party.
Contain false or misleading information in the subject line or otherwise contain false or misleading content.
Fail to comply with additional technical standards described below; otherwise violate Northern Website Services' Terms of Use.

Northern Website Services does not authorize the harvesting, mining or collection of e-mail addresses or other information. Northern Website Services does not permit or authorize others to use Northern Website Services' services to collect, compile or obtain any information about its customers or subscribers, including but not limited to client e-mail addresses, which are Northern Website Services' confidential and proprietary information. Use of Northern Website Services' services is also subject to Northern Website Services' Terms of Service. Northern Website Services does not permit or authorize any attempt to use our Client Services in a manner that could damage, disable, overburden or impair any aspect of any of our Client Services, including the transmission of bulk e-mail whether to knowing or unknowing recipients. If Northern Website Services believes that unauthorized or improper use is being made of any Northern Website Services' service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. Northern Website Services may immediately terminate any account on any Northern Website Services' server which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy. Further, the perpetrator of said violation will be subject to a fine of NOT LESS THAN $1,000.00 CAD Dollars. The penalty may be significantly higher depending on the costs related to the incident. This penalty is to offset costs related to:

The time required to have the affected server removed from RBLs that it may be added to.
All penalties incurred by Northern Website Services at our data center, as well as any reconnection charges.
Any downtime refunds offered to every customer on the Northern Website Services' server that is affected by any outages due to the spam
Northern Website Services' employees labor to deal with the spam and associated cleanup.

Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, Northern Website Services' servers. Failure to enforce this policy in every instance does not amount to a waiver of Northern Website Services' rights.

SERVER USE POLICY

Northern Website Services' hosting plans are to be used by the primary owner only. Clients are not permitted to resell, store or give away web-hosting services of their website to other parties, unless they have prior permission from Northern Website Services. Northern Website Services reserves the right to refuse service and/or access to its servers to anyone it deems necessary. All services provided by Northern Website Services may only be used for lawful purposes. Transmission, storage, or presentation of any information, data or material in violation of any Canadian, Provincial or local law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, and material we judge to be threatening or obscene. Also prohibited are sites that promote any illegal activity or present content that may be damaging to Northern Website Services' servers. Links to such materials are also prohibited. Any illegal activity, including illegal adult content, links to illegal adult content web sites, spamming, cracking or hacking will result in your site being shut down and all your files deleted without warning. Adult content is not allowed. Northern Website Services does not support the use of third party mailing programs on our clients accounts. Clients are responsible for ensuring that they are using secure scripts on all mail forms used on Northern Website Services' servers. Northern Website Services will be the sole arbiter as to what constitutes a violation of this provision.

HIGH RESOURCE USER POLICY

Resources are defined as cpu utilization and/or resource manipulation. Northern Website Services' servers represent a production web environment. Northern Website Services will not tolerate the use these servers as a scripting test environment. When a website is found to be monopolizing the resources available. Northern Website Services reserves the right to suspend or terminate that account immediately. Northern Website Services may implement this policy to its sole discretion.

UNLIMITED MONTHLY TRANSFER POLICY

Certain Northern Website Services' shared hosting accounts offer Unlimited Monthly Transfer. Unlimited traffic refers to industry standard web documents such as HTML, JPEG and GIF. Other files are subject to 30 GB of transfer per month; this includes, but is not limited to, zip, exe, mp3, rm, etc... Additionally, any sites containing paid advertisements is limited to 50 GB of transfer per month.

BACKUP POLICIES

All account data backups are the account holder's responsibility. Northern Website Services is NOT responsible for your data backup or subsequent loss. We recommend purchasing a dedicated server with redundant drives for mission critical websites or systems that require absolute redundancy.

PAYMENT POLICIES

All accounts are set up on a prepay basis. Northern Website Services reserves the right to change prices of accounts or services at any time. Invoices will be generated up to 15 days in advance of the due date. Prepayment is due every anniversary month following the date the account was established. Clients will automatically be charged at this time unless email cancellation request has been confirmed by Northern Website Services. Cancellation requests must be sent to services@nws.ca at least five business days prior to your next billing date. In situations where the card number on file is declined Northern Website Services will immediately suspend the facility to purchase services until the outstanding charge is processed successfully. In addition, Northern Website Services reserves the right to suspend other services until the outstanding debt is cleared. The client is responsible for all money owed on the account from the time it was established to the time that the client sends an emailed cancellation request.

CANCELLATION AND REFUNDS

Northern Website Services reserves the right to cancel a client's account at any time, if it is found that the client contravened Northern Website Services' terms of service. The clients account will be terminated immediately, and a refund will not be provided. Clients may cancel their account at any time. We provide a 30 day money back guarantee on all our hosting plans. If a client cancels during the initial 30 days the client will receive a full refund of all hosting charges and all set-up charges. We cannot, under any circumstances, provide refunds on domain name purchases as they are purchased through a third party and registered with the purchaser. There are no refunds for clients after the initial 30 days. We do not provide pro-rata refunds.

INDEMNIFICATION

Client agrees that under no circumstances, will Northern Website Services, or its parent companies or affiliated companies be held liable for damages exceeding the actual amount paid by a customer. Client agrees to use all Northern Website Services' services and facilities at their own risk. Client agrees that it shall defend, indemnify, save and hold Northern Website Services harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Northern Website Services, its agents, its clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product/service sold by client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Northern Website Services against liabilities arising out of;

Any injury to person or property caused by any products sold or otherwise distributed in connection with Northern Website Services' servers.
Any material supplied by client infringing or allegedly infringing on the proprietary rights of a third party.
Copyright infringement.
Any defective products/services sold to client from Northern Website Services' server.

Due to some technological limitations with our domain partner, some domain information may be registered to Northern Website Services' contact. You will still own the domain. This is a simple requirement to allow for our automatic domain registration and renewal.

DISCLAIMER

Northern Website Services will not be responsible for any damages your business may suffer, be it direct, indirect or consequential. Northern Website Services makes no warranties of any kind, expressed or implied for services we provide. Northern Website Services disclaims any warranty or merchantability. Every client is required to backup their own data, files and databases. Northern Website Services does not guarantee to backup customer information.

ENFORCEMENT

If a Client is found in violation of any of Northern Website Services' policies or, in Northern Website Services' judgment, could be in violation of, Northern Website Services' policies, Northern Website Services reserves the right to charge the Client an administrative fee NO LESS THAN $100.00 If you have any queries regarding our Terms of Service, please email us at services@nws.ca.

GOVERNING LAW AND JURISDICTION

Northern Website Services is controlled by Northern Website Services from its offices within the Province of Ontario, Canada. By accessing our services and website, you and Northern Website Services agree that all matters relating to access to, or use of, our services and web site shall be governed by the Province of Ontario and the laws of Canada, without regard to the conflicts of laws principals thereof. You and Northern Website Services also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario with respect to all matters.