Terms and Conditions
All Content must be family safe
- All client accounts must be in good standing, we reserve the right to discontinue service.
- Audio / Video streaming requires prior approval from Management
- Plan limits for storage and bandwidth/data transfer are strictly enforced
- Spam of any kind is not permitted to pass through our servers.
- Email services from the web server are meant for form results (like feedback or contact us) NOT mailing campaigns, or subscription services, or newsletters.
- Warez & Illegal content is not permitted
- Clients may not engage in any activity that interferes with the normal operation of the servers.
- ScribeWeb does not offer refunds except for our 30 day guarantee on shared 1 year term hosting
- We reserve the right to modify terms and conditions without prior notice.
- ScribeWeb Servers will not be liable for any loss of data, revenue or other damages and in no case shall any possible liability exceed the monthly fees charged to a client.
- All content and images contained on this web site whether copyrighted or not, may not be used without prior permission.
- Prices and plan features are subject to change without notice.
ScribeWeb Servers TERMS OF SERVICE
THIS AGREEMENT BETWEEN ScribeWeb and Account Holder (hereinafter referred to as “User”)
AND WHEREAS User desires to subscribe to the Service on the terms and conditions contained herein;
NOW THEREFORE in consideration of the mutual covenants and agreements contained in this Agreement and other good and valuable consideration (the receipt and sufficiency of which are hereby irrevocably acknowledged by the parties) ScribeWeb and User agree as follows:
1. The Service. ScribeWeb agrees to provide User with storage space on the ScribeWeb for the purpose of hosting a world-wide-web site (the “Site”) in the prescribed amount of:
in the instance of the ScribeWeb Servers Author HOSTING PLANS, the number of Megabytes as specified on our hosting plans page;
3. Limitations. The Service is subject to the following limitations:
CPU Resources. User acknowledges that the Service is provided on a shared server and agrees not to engage in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate amount of the resources of the ScribeWeb server, including without limitation, use of highly active CGI scripts or chat scripts. In no case should a client’s site cause more than 10% sustained processor usage. Sustained in this context means in excess of 1 minute.
File Types. In the instance of the ScribeWeb HOSTING PLANS, User shall not host multi-media file types, including but not limited to MP3, Mpeg, AVI, Real Audio, Real Video, Quick Time, Windows Media files. User shall also not host executable binaries and / or compressed file types including but not limited to .EXE, .ZIP, .TAR, .RAR, .GZIP; Management may upon application approve exceptions to the aforementioned rule.
User shall not include content, or internet links to content on the Site that contain, promote or involve any of the following:
i. any infringement of copyright, trademark, patent, trade secret or other intellectual property right;
ii. nudity or pornography;
iv. content that exploits children under 18 years of age;
v. hate propaganda;
vi. racist, threatening, or otherwise abusive content;
vii. the promotion or incitement of, or instruction for, the commission of illegal activities;
viii. mail fraud, multi-level marketing (pyramid) schemes or any other fraudulent activities;
ix. content promoted through the sending of unsolicited e-mail (also known as spamming);
x. sending of unsolicited e-mail (spam) from the ScribeWeb server, or any other server that refers to content on the ScribeWeb server, or sending such e-mail with a ScribeWeb hosted Web site listed as the contact address. Additionally using ScribeWeb servers to send out newsletters, or any kind of bulk mailing – regardless of subscriber acceptance is strictly prohibited, and may lead to suspension of your account;
xi. warez, cracks, hacks, spam software & their associated utilities;
xiii. information or other material that contains a virus, corrupted data or any other harmful or damaging component;
Idem. User agrees that ScribeWeb is not responsible for content on pages hosted on member sites and acknowledges that ScribeWeb does not endorse or verify any such material;
Idem. User agrees to assume full responsibility for all files associated with the Site and acknowledges that User may be held legally for the contents of the Site;
Backup and Monitoring. User is solely responsible for creating backups of any files associated with the Site and for monitoring the Site;
Notice to Officials. ScribeWeb, will cooperate with Government & Law Authorities in Canada when required to do so under the laws of Canada. Typically this requires an official order by a recognized court in Canada. Our commitment to the privacy of our clients remains paramount to us.
Policies and Guidelines. User agrees to abide by all policies or guidelines, together with any amendments thereto, set out, from time to time, by ScribeWeb anywhere on the site www.scribeweb.com
Bandwidth. Bandwidth. USER agrees to be bound by the following restrictions pertaining to allowable bandwidth data transfer on a per-month basis;
a. In the instance of the ScribeWeb Author HOSTING PLANS the number of Megabytes as specified on our hosting plans page;
In the instance of ScribeWeb paid plans where USER exceeds the bandwidth limit, the ScribeWeb accounting department will contact USER and offer USER the option to either upgrade USER’s plan or reduce bandwidth usage. ScribeWeb will reasonably cooperate with USER in such instances. However, if USER refuses to either upgrade USER’s plan or reduce bandwidth usage, ScribeWeb will have the right to deactivate USER’s Web site with no compensation to USER.
4. In the instance of ScribeWeb WEBMAIL and or standard EMAIL, the following provisions apply:
Responsibility of the User. User is solely responsible for the content of their e-mail messages. User is not permitted to transmit messages on the E-mail service that (a) infringe on any third party’s intellectual property or proprietary rights, or rights of publicity or privacy; (b) violate any law, statute, ordinance or regulation; (c) are defamatory, trade libelous, threatening, abusive, or obscene in the opinion of ScribeWeb ; (d) contain viruses or other similar harmful or deleterious programming routines; (e) contain links to any sites that include any of that kind of content; or (f) refer to or contain any matter referred to in paragraph 3d of this Agreement.;
Account Size. User’s email box may store no more than 200 (two hundred) MB of email. When User’s account approaches the maximum email box size, ScribeWeb shall notify User by email that User’s account is approaching full capacity. If User does not subsequently delete email box contents to reduce email box size, then any further emails sent to User which results in User’s email box exceeding maximum capacity will be returned to sender without notice to User.
Spamming is Prohibited. ScribeWeb will determine in its sole discretion whether any of the messages sent by User are considered as being spam. Spamming generally includes sending any form of email that can be interpreted as junk email or bulk email that the recipient has not specifically requested from User. ScribeWeb reserves the right to take legal and technical remedies to prevent User from sending spam. If User is found to be sending spam, User’s account may be terminated without notice;
Privacy of User’s Mailbox. ScribeWeb considers User’s registration data and the content of all User’s messages to be private. Messages that User sends will be received with User’s name and Internet Protocol (IP) address contained within the header of the e-mail message. ScribeWeb will not intentionally monitor or disclose any of User’s email messages or registration data unless ScribeWeb believes in good faith that ScribeWeb is required to do so (i) to enforce these Terms of Service, (ii) by law, (iii) to defend ScribeWeb in any action, or (iv) to protect ScribeWeb property. Additionally, User must agree to respect the privacy and confidentiality of others. Since privacy is, in part, a function of User’s passwords, ScribeWeb encourages user to change passwords frequently and to not share them with anyone;
Registration Data. User agrees to provide ScribeWeb with current, complete, and accurate registration information in the registration process and to maintain and update registration information as necessary to keep it current, complete and accurate;
Personal Use. User agrees to be fully liable for the use of User’s mailbox, including any unauthorized use of mailbox by a third party. User agrees to notify ScribeWeb immediately if User becomes aware of any unauthorized use of mailbox;
E-mail Retention. User must remember to check their mailbox for messages frequently. All email that User receives in their mailbox that is not opened for more than 60 (sixty) days will be deleted and unrecoverable;
Cancellation of Mailbox. If User’s mailbox is cancelled by User or by ScribeWeb , all email, including any attachments will automatically be deleted; and
Proprietary Rights. User agrees and acknowledges that they may not upload, post, reproduce, or distribute any content on or through the E-mail service that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject User to personal liability or criminal prosecution.
Outgoing e-mail. Except for purchased instances of SMTP accounts, users are prohibited from using ScribeWeb mail servers to send email. Where a client has purchased a SMTP account, in no case may they send out more than 500 messages per day and in total not consume in excess of 100 MB of transfer traffic.
5. Amendments. User agrees to be bound by any amendments to this Agreement that are set out, from time to time, by ScribeWeb anywhere on the site www.scribeweb.com .
6. No Representations or Warranties. The Service is offered on an “as is” basis without any representations or warranties of any kind either expressed or implied. For greater certainty and without limitation to the generality of the foregoing:
ScribeWeb makes no representations, warranties or guarantees of any kind whether written or verbal regarding the reliability of the Site provided or any other services offered;
ScribeWeb is not responsible for any deletion, alteration, or loss of data due to network or system outages, file corruption, accidental deletion, or any other reasons;
ScribeWeb makes no representations, warranties or guarantees with regards to server reliability, speed or consistency;
ScribeWeb makes no representations, warranties or guarantees as to the accurateness or correctness of any content on any of the Sites and is not responsible for any errors or omissions arising from the use of such information;
ScribeWeb may link to or include on its Web resources, information provided by third party partners and providers. ScribeWeb does not guarantee or warrant the reliability of this information nor does ScribeWeb recommend any of these services;
User expressly agrees that use of the E-mail service is at their sole risk. The E-mail services are provided on an “as is” and “as available” basis. ScribeWeb Webs may change the features or functionality of the E-mail services at any time, in our sole discretion. ScribeWeb expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
ScribeWeb makes no warranty the E-mail services will meet User’s requirements, or that the E-mail services will be uninterrupted, timely, secure, or error free; nor does ScribeWeb make any warranty as to the results that may be obtained through the E-mail service or that defects in the software will be corrected;
User understands and agrees any material and/or data downloaded or otherwise obtained through the use of the E-mail service is done at their own discretion and risk and User will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data;
ScribeWeb makes no warranty regarding any goods or services purchased or obtained through the E-mail service or any transactions entered into through the E-mail service; and
No advice or information, whether oral or written, which User obtains from ScribeWeb or through the E-mail services shall create any warranty not expressly made herein.
7. Limitation of Liability. ScribeWeb is not responsible for any failures, delays, or interruptions in the delivery of any content or services contained on the ScribeWeb server; or losses or damages arising from the use of the content or services provided by ScribeWeb . For greater certainty and without limitation to the generality of the foregoing:
ScribeWeb liability to User for actual damages for any cause whatsoever, regardless of the form of action will be limited to a maximum of the fees paid by User to ScribeWeb , if any, for the prior 1 months;
in no event will ScribeWeb be liable to User for any indirect, incidental, or consequential damages arising out of the Service or in connection with the Site or any other services or products provided to User;
ScribeWeb , its officers, directors, owners, agents and employees, shall in no way be liable to User or anyone else for any loss or injury resulting from use of the Service or the Site;
in no event shall ScribeWeb be liable for any damages, whatsoever, as a result of the notifying of any official of potentially illegal content on the Site, providing copies of User’s said Site to the appropriate officials or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct;
In no event shall ScribeWeb be liable for any damages, whatsoever, as a result of the termination of this Agreement pursuant to Article 8.
8. Indemnity. User agrees to indemnify and hold ScribeWeb harmless from and against, and to reimburse ScribeWeb with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees and costs of investigation) or every nature whatsoever incurred by ScribeWeb by reason of or arising out of or in connection with (i) any breach of this Agreement by User; (ii) any infringement of any copyright, trade-mark, patent, trade secret or any other intellectual propriety right of any party by content on the Site; or (iv) illegal, libellous, or defamatory content on the Site.
Either ScribeWeb or User may terminate this Agreement at any time upon providing five business days prior notice to the other party.
ScribeWeb may terminate this Agreement, discontinue the Service and delete the Site at any time without notice to User in any of the following circumstances:
i. User violates any term of this Agreement, any municipal, provincial or federal laws or regulations, or any policy or guideline set out, from time to time, by ScribeWeb anywhere on the site www.scribeweb.com ;
ii. User engages in conduct or posts material on the Site that ScribeWeb in its sole discretion believes is harmful to other Users, the business of ScribeWeb or any third-party;
v. User engages in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate amount of the resources of the ScribeWeb server;
vi. User disputes the terms of this Agreement or any amendment set out, from time to time, by ScribeWeb anywhere on the site www.scribeweb.com
vii. ScribeWeb receives any complaints regarding User or the Site from any other Users or third parties.
In the instance of ScribeWeb shared hosting services the following conditions apply where this Agreement is terminated by User:
i. All shared 1 year service packages are subject to an unconditional 30 (thirty) day money-back guarantee. Any service package cancelled within 30 (thirty) days of initial activation ( not renewals) will be refunded in full less a $25 USD (twenty-five USD) set-up fee and any additional shipping and handling charges;
iii. The refund policy described in sub-paragraphs c.i. . does not apply to any additional services including but not limited to domain name registration, domain name pointing, additional e-mail accounts, additional disk storage space or additional data transfer; or subsequent renewals of web hosting.
iv. All requests for cancellation must be sent in writing by facsimile or post to the head office of ScribeWeb . Receipt of such request will be confirmed by ScribeWeb ;
v. Cancellation requests made by telephone or e-mail will not be accepted by ScribeWeb ; and
vi. Any account cancelled or deactivated for violation of any term of this Agreement is not eligible for refund as described in paragraph 9c.
vii. ScribeWeb may elect to charge a cancellation fee if User requests early termination.
Following termination of this Agreement, for any reason, User agrees not to use the Service or the Site in any manner or for any reason.
10. Assignability. This Agreement is assignable to a third party by ScribeWeb , with notice to User. Such notice shall be made known on the Web site .
Consent to Breach Not Waiver. No term or provision of this Agreement is deemed waived and no breach excused, unless the waiver or consent is in writing and signed by the party claiming to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether expressed or implied, does not constitute a consent to, waiver of, or excuse for, any other different or subsequent breach.
Governing Law. This Agreement is governed by and construed in accordance with the applicable laws of the Province of Alberta and the federal laws of Canada and is treated in all respects as an Alberta contract.
Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, all other provisions will nevertheless continue in full force and effect.
Entire Agreement. This Agreement, together with all policies, guidelines and amendments set out, from time to time, by ScribeWeb anywhere on the site www.scribeweb.com , constitutes the entire agreement between the parties with respect to the subject matter of the Agreement and supersedes all previous negotiations, proposals, commitments, writings and understandings of any nature whatsoever, whether oral or written.
Survival. Any terms and conditions of this Agreement which by their nature extend beyond the term or expiry of this Agreement shall survive the termination or expiry of this Agreement. This includes, without limitation, Article 6 (No Representations or Warranties), Article 7 (Limitation of Liability), Article 8 (Indemnity), Article 10 (Assignability) and this Article 11 (General).
Headings. The headings and captions used in this Agreement are inserted only as a matter of convenience and for reference and in no way are to be construed as defining, limiting, or describing the scope or intent of this Agreement.
Remedies Cumulative. Unless otherwise set out in this Agreement the rights and remedies granted to each party under this Agreement are cumulative and are in addition to each party’s rights provided by law or otherwise. Each party may exercise its rights concurrently or separately. The exercise of one remedy is not deemed an exclusive election of that remedy, nor does it preclude the exercise of any other remedy.
Counterparts or Electronic Acceptance. This Agreement may be executed in counterparts, each of which is deemed to be an original and all of which together are deemed to be one and the same instrument, or may be executed by indicating assent through electronic means.
12. Right to Refuse Service. ScribeWeb reserves the right to refuse services to any User in the event that User does not abide by the provisions set out in this Agreement. If ScribeWeb deems the User to be a hindrance on business, the User will be “blacklisted” and ScribeWeb will not in the future, provide any services to User. In any such event, ScribeWeb will give User 15 (fifteen) Calendar days notice to find another provider for their web hosting needs.
Shared for this context refers to a service that is provided from a shared server. That is the server may be used to host multiple clients.