canwebhost.net Service Agreement
This is an agreement between you and CANWEBHOST.NET regarding your use of CANWEBHOST.NET's computer, interactive information, communication and server management service. This agreement governs the terms and conditions under which CANWEBHOST.NET makes the CANWEBHOST.NET Service available to individual consumers through a personal computer or similar access, or to individual consumers or small businesses in connection with the " CANWEBHOST.NET " webhosting or similar service. Under this agreement, you must comply with CANWEBHOST.NET's then current "Acceptable Use Policy," as updated from time to time by CANWEBHOST.NET, which can be viewed at http://www.canwebhost.com/acceptableuse.asp.

  1. CANWEBHOST.NET will host an account for the purchaser hereafter referred to as the Account Holder, for their chosen domain name, for the period of time according to the payment plan chosen by the user months. This contract will be automatically renewed at the end of its term. Termination of services must be given in written form, 30 days prior to the termination date. Phone and email notification is not acceptable. For any one of the virtual hosting plans, the full amount paid less any set up fees and overages will be refunded, if CANWEBHOST.NET is notified of your intent to terminate within the first 30 days following activation. No refund is available after the 30th day.

  2. The CANWEBHOST.NET Service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. CANWEBHOST.NET expressly disclaims any representation or warranty that the CANWEBHOST.NET service will be error-free, secure or uninterrupted. No oral advice or written information given by CANWEBHOST.NET, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. The terms of this Section will survive any termination of this agreement.

  3. The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all international, federal, provincial, and municipal laws. Violations of this or any other provision of this agreement can result in a 30-day notice to terminate service or an immediate termination of service depending upon the severity of the violation. CANWEBHOST.NET reserves the right to refuse service if the content of information provided is deemed illegal, misleading, or obscene, in the opinion of CANWEBHOST.NET Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography. CANWEBHOST.NET will make the final decision in any dispute over unacceptable context, and Account Holder agrees to accept CANWEBHOST.NET decision.

  4. CANWEBHOST.NET reserves the right to increase prices at any time. If this service is paid quarterly it may be subject to future price increases. The Account Holder agrees to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups. Account Holder is responsible for security of their password. CANWEBHOST.NET will not change passwords to any account without proof of identification, which is satisfactory to CANWEBHOST.NET, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that CANWEBHOST.NET will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will CANWEBHOST.NET be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise.

  5. The Account Holder agrees not to harm CANWEBHOST.NET, its reputation, computer systems, programming and/or other Account Holders using CANWEBHOST.NET. CANWEBHOST.NET reserves the right to select the computer for Account Holder web-site for best performance. If Account Holder breaches this agreement, then CANWEBHOST.NET has the right to terminate service without any refunds of the unused portion prepaid by Account Holder. The Account Holder agrees to indemnify and hold harmless both CANWEBHOST.NET and any other Account Holder from any and all claims and/or costs resulting from the Account Holders use or abuse of their service in any manner.

  6. Account Holder understands this service is provided on a shared server. This means that one web-site can not overwhelm the sever with heavy CPU usage from highly active CGI scripts or chat scripts. If your web-site overwhelms the server and causes complaints from the other users, you have outgrown the realm of shared servers, and will need to relocate your web-site. CANWEBHOST.NET will refund any unused portion of prepaid services. If at any time, Account Holder breaches any part of this contract and CANWEBHOST.NET must engage in the services of an attorney, then Account Holder will pay any and all of CANWEBHOST.NET's reasonable attorney fees and court costs. The Account Holder's rights and privileges cannot be sold or transferred without written consent from CANWEBHOST.NET

  7. This contract represents the complete understanding between the parties. If Account Holder sells or resells advertising or webspace to a third party then Account Holder will be responsible for the contents of that advertising and the actions of that third party. CANWEBHOST.NET has the right to reject any illegal or offensive content. The e-mail distribution by the Account Holder of "SPAM" , "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If Account Holder refuses to remove any content found objectionable by CANWEBHOST.NET, CANWEBHOST.NET may terminate service.

  8. CANWEBHOST.NET will use its best efforts to maintain a full time Internet presence for Account Holder. The network may be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. Account Holder agrees that these events may or may not occur and Account Holder will hold CANWEBHOST.NET, its employees, owners, contractors, free and harmless from any damages incurred in any event of any type of loss resulting from any reason whatsoever. CANWEBHOST.NET total liability under all circumstances will never exceed the amount paid by Account Holder for duration of this agreement. If Account Holder selects the discount for 12 months prepaid service then any amounts prepaid cannot be refunded by CANWEBHOST.NET in the event Account Holder stops using this service.

  9. This agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this agreement by all users of that account. A CANWEBHOST.NET Service account may not be transferred without prior written approval from CANWEBHOST.NET Account Holder is responsible for maintaining the confidentiality his/her password. In the event of a breach of security through Account Holder's account, Account Holder will be liable for any unauthorized use of the CANWEBHOST.NET Service until Account Holder notifies CANWEBHOST.NET customer service.

  10. If CANWEBHOST.NET assigns Account Holder an Internet Protocol address for his/her use of the CANWEBHOST.NET Service, the right to use that Internet Protocol address will belong only to CANWEBHOST.NET, and Account Holder will have no right to use that Internet Protocol address except as allowed by CANWEBHOST.NET in its sole discretion in connection with the plan Account Holder has selected, during the term of this agreement.

  11. This agreement constitutes the entire agreement between Account Holder and CANWEBHOST.NET with respect to the CANWEBHOST.NET Service and supersedes all prior agreements between Account Holder and CANWEBHOST.NET. CANWEBHOST.NET's failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect.

  12. The parties shall attempt to resolve all disputes arising out of this agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon written demand of either party. Arbitration shall take place in Toronto, ON. Should any legal action permissible under this agreement be instituted to enforce the terms and conditions of this agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels.

  13. Account Holder agrees to indemnify and hold CANWEBHOST.NET harmless from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred by CANWEBHOST.NET as a result of any activities conducted by Account Holder. Account Holder and CANWEBHOST.NET will promptly notify each other upon receipt of any claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph shall survive indefinitely the termination of this Agreement.

  14. CANWEBHOST.NET may include Account Holder's name and contact information in directories of CANWEBHOST.NET service subscribers for the purpose promoting the use of the service by additional potential clients. However, CANWEBHOST.NET is not authorized to Print Account Holder's name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of Account Holder.

  15. Interpretation and enforcement of this agreement will be governed by the laws of the Province Alberta (excluding its choice of law rules). Account Holder hereby consents to personal jurisdiction in the Federal and Province courts of Alberta, CA for any action arising out of or relating to Account Holder's use of the CANWEBHOST.NET Service. The Federal and Province courts of Alberta, CA will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this Section will survive any termination of this agreement.

  16. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.