Acceptable Use Policy
System abuse is strictly prohibited. Webgate may terminate or modify service immediately and may bill for any resulting support charges if the client engages in system abuse. Following is a list of actions, which are defined to be system abuse. This list is non-exclusive; any action about which there is any doubt should be referred to Webgate for evaluation.
Actions which constitute system abuse include, but are not limited to:
Attempting to circumvent user authentication or security of any host, network, or account on Webgate systems or the Internet at large ('cracking').
Attempting, in any way, to interfere with or deny service to any user or any host on the Internet.
Forging email or usenet posting header information.
Sending large numbers of unsolicited mail messages (i.e.'junk mail') this includes adding or attempting to add addresses to any mailing list without explicit positive consent of the addressee.
Forwarding or posting "chain letters" (multiple forwarding) of any type.
Posting inappropriate messages to usenet newsgroups e.g., posting large numbers of unsolicited posts indiscriminately ('spamming'), or posting encoded binary files to usenet newsgroups not specifically named for that purpose.
Attempting to cancel, supersede, or otherwise interfere with email or usenet posts other than one's own.
Engaging in harassment, whether through language, frequency, or size of messages.
Using an account at another provider to promote a Webgate web site in an abusive manner.
Using a Webgate account or network connection to collect replies to messages sent from another provider which violate these rules or those of that provider.
Reselling Webgate services to third parties who do not abide by these guidelines.
Placement of copyrighted or trademarked information on servers maintained by Webgate.
Using Webgate's system or equipment in support of activities that would, if conducted on Webgate's system, violate Webgate's Network Abuse Policies.
Any activity which Webgate believes, in its sole judgment, to be in support of spamming activities.
Transmission of Unsolicited Bulk E-Mail
Webgate does not authorize the use of its proprietary computers and computer network to accept, transmit or distribute unsolicited bulk e-mail sent from the internet to its customers.
Webgate does not authorize the harvesting or collection of screen names from its equipment or customers for the purpose of sending unsolicited bulk e-mail.
Webgate reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from entering, utilizing or remaining within the Webgate system.
Unauthorized use of the Webgate system in connection with the transmission of unsolicited bulk e-mail or counterfeit or misleading e-mail may result in substantial civil penalties against the sender.
Webgate is committed to respecting the privacy and confidentiality of your personal information in accordance with our Privacy Guidelines below and applicable law. However, you acknowledge that the Internet is not a secure medium where privacy and confidentiality can be guaranteed and that complete security and confidentiality of transmissions over the Internet is not possible at this time. Your confidential use of Webgate's internet services cannot be guaranteed and you acknowledge that your use of the site (including information you transmit to the site) may be subject to access or manipulation by, or disclosure to, third parties. Webgate shall not be responsible or liable for any damages that you or any other person may suffer in connection with any such breach of privacy, confidentiality or security.
If you are provided with a user name and password to access the Internet or your email, you agree to be liable for all uses of your user name and password, including unauthorized use without your consent, and you acknowledge that Webgate shall not be responsible to confirm the actual identity or authority of any user. Instructions provided pursuant to such user name and password shall constitute sufficient authority to Webgate to execute any transactions directed thereunder. You agree to notify Webgate immediately should the confidentiality of your user name and password be in jeopardy.
These privacy guidelines describe our commitment to privacy, and explain the principles that guide us in protecting the privacy and confidentiality of your personal information. Personal information is non-public information about an identifiable individual that you have provided us.
Webgate, its directors, officers and employees, and other persons and organizations who act for, or on behalf of, the company, are required to comply with these privacy guidelines.
Access to personal information is restricted to directors, officers, employees, and other persons or organizations acting for, or on behalf of, the company, who need the information in order to provide services to you or Webgate. This would include collection agents if we place your account for collection for non-payment.
1. Accountability - Webgate is responsible for personal information in its control. The company has established these privacy guidelines, and procedures and practices, to safeguard such personal information. Consent to the collection, use, or disclosure of personal information may be express or implied, as appropriate. Individuals may withdraw their consent at any time, subject to legal or contractual restrictions.
2. Collection - The company only collects personal information that is related to providing services to you. Personal information is collected directly from the individual, and may, with consent or as otherwise allowed by law, be collected from other sources. Webgate may set and access a Webgate cookie on your computer.
3. Use, disclosure and retention - Personal information is not, without your consent, used or disclosed to a third party for any purpose other than that for which it was first collected by Webgate, unless such use or disclosure is required. This may include use or disclosure in order to comply with court ordered or legal process, or to protect Webgate's interests in civil proceedings and in proceedings involving criminal activity, fraud or misrepresentation. Webgate retains personal information only as long as necessary to fulfill the original purpose or as otherwise required or allowed by law.
4. Accuracy - Webgate uses reasonable efforts to ensure that personal information is accurate and complete for the purposes for which it is to be used.
5. Safeguards - We protect the security and confidentiality of personal information with safeguards appropriate to the sensitivity of the information.
6. Individual access - An individual may request to be informed of the existence, use and disclosure of personal information pertaining to him or her. Webgate will provide appropriate access to such information that it holds. If we determine not to provide access to personal information, we will provide an explanation. Individuals may request the correction of personal information the company holds about them, and if we find that what we have is incorrect, we will correct it.
7. Our communications to you - We reserve the right to send you communications relating to the Webgate service, such as service announcements and administrative messages, that are considered part of your Webgate account, without offering you the opportunity to opt-out of receiving them.
Terms and Conditions
1.0 Hosting Agreement
1.1 - Customer's use of Webgate's facilities to host a web site for Customer shall constitute Customer's acceptance of the terms and conditions in this Hosting Agreement. The terms "you" or "your" shall refer to Customer.
2.0 Term & Termination for Convenience
2.1 - The initial and minimum service period for dedicated Webgate hosting service is 12 months from the effective date.
2.2 - Customers who pay monthly may terminate this Agreement for convenience 90 days after giving Webgate written notice. In the event of such termination, Customer will pay Webgate 75% of the applicable monthly minimum amounts for each remaining month of the then current term of this Agreement, in addition to paying any amounts due and owing as of the effective date of termination.
2.3 - If Customer terminates this Webgate Agreement because: (A) Customer commits to a higher speed service access with Webgate, or (B) Customer commits to a longer-term service term with Webgate, then the termination fee in 2.2 does not apply. For (A) or (B), this Agreement will be superseded by the new service agreement.
2.4 - By giving 60 days advance notice in writing, service may be terminated at any time by either party following the initial service period.
3.0 Renewal and Pricing - Customers who Pay Yearly
3.1 - This Agreement will automatically be renewed for a further term of one year from the expiry date unless cancelled by notice in writing given to Webgate by the Customer, or to the Customer by Webgate, at least 60 days prior to the expiry date.
3.2 - This Agreement is for one year and on any anniversary date the price for Webgate's web hosting services is subject to revision in accordance with Webgate's then prevailing rates.
3.3 - Cancellations will only be considered valid if received in writing. Any notice of cancellation received less than 60 days from the customer's expiry date will incur a cancellation fee: 59-29 days notice: 25% of their yearly invoice for Early Termination without Sufficient Notice. If cancellation is not received in writing until after the customer's yearly invoice has been issued (or 30-0 days notice, whichever comes first), then the customer will owe 50% of their yearly hosting as an Early Termination without Notice Fee. The customer is fully responsible for keeping track of their own yearly expiry and payment due dates as it relates to cancellation timeline requirements. Customers will receive their invoices within 45 days of their expiry date and their payment will be due within 30 days of the issuance of the invoice. Failure to remit payment In Full within 30 days of their invoice issuance will result in a suspension of their account until payment is received. Customers have 5 days grace period (This includes business and weekend days) past their payment due date to remit payment in order to avoid any unintended loss of service. If this date precedes the customer's Hosting expiration date, then the account will not be shut down until their hosting expiry date. Failure to pay will result in the customer being charged the Early Termination without Notice Fee. Webgate reserves the right to not cooperate with any moving plans of customers who are delinquent in remitting their Account Payments and and/or any applicable Termination Fees and to suspend or even hold their accounts at our discretion, should they attempt to move to another hosting or domain provider while their account with Webgate remains delinquent. Their accounts (Websites or Domains) will be held at our discretion until they have paid In Full any remaining account balances. Any accounts over 60 days delinquent will be sent to collections without any further notice expected or required post-issuance of their original invoice. Late Charges will be applied as - 2% per month (24% per annum) on all overdue balances. A $25.00 charge will be levied on NSF cheques. Overdue balances for outgoing customers are not payable by cheque. These balances are payable by E-Transfer, Money Order, or Cash Only. All sales are final. No refunds.
3.4 - Any customer who remains on our Hosting servers post-cancellation (written or verbal) will continue to be responsible for their payment. This also applies to any cases due to any negligence on the part of their next domain name registrar or next hosting provider. If the customer remains 1-29 days past their expected move date (the last day of paid services), they will owe for 1 month. If the customer remains 30 or more days past their cancellation date their account will be considered auto-renewed for the year and any applicable Early Termination Fees as noted in 3.3 will apply.
3.5 - Failure to respond or a negative verbal or text response to collection efforts will result in account suspension on the date of yearly hosting account expiry until account balance is paid in full.
3.6 - Webgate is not responsible for emailed invoices not being received due to customers using 3rd party email providers, invoices going to junk mail or invoices being blocked by any kind of filtering software or hardware installed by the customer or their ISP on their respective equipment.
4.1 - In no event shall Webgate be liable for the usefulness, quality, or content of data accessed by the Customer through Webgate facilities, nor responsible for any loss due to temporary or permanent failure of service provision, nor for use of the Webgate service by Customer or any third party for illegal purposes. Customer will indemnify and hold harmless Webgate from any action by any third party related to Customer's subscription to Webgate services and Customer's web site(s).
4.2 - In no events shall Webgate be liable for service problems or other losses arising on account of acts of God, fire, labour disputes of any nature, accident, supplier failure or delay, or other causes beyond the reasonable control of Webgate.
4.3 - Webgate places no general restrictions on the use of data or information used or retrieved by Customer through Webgate facilities, rather the license, copyright, public domain, trade secret, or any other laws or protection covering such data will apply.
4.4 - The provision of service access at any particular connection rate does not constitute a guarantee of the end to end throughput or bandwidth available to Customer.
4.5 - Webgate will inform Customer when service is operational and billing will commence as of that specified date, this becoming the effective date of the initial term of service hereunder.
4.6 - Webgate will furnish contact information to enable Customer to report and resolve service problems.
4.7 - This Agreement and other applicable terms and conditions constitute the entire understanding between Customer and Webgate with regard to web site hosting. Any modifications of this Agreement must be in writing and signed by a duly authorized representative of Customer and a duly authorized officer of Webgate.
4.8 - Where Webgate's systems are recognized as the authoritative source for DNS entries in your domain or domains, Webgate is not obligated to ensure that (A) the DNS system is correctly configured, (B) your DNS entries will be properly resolved, or (C) Webgate's DNS systems will be continuously available on an uninterrupted basis. You acknowledge that it is your responsibility to test Webgate's implementation of your DNS hosting and notify Webgate of any misconfiguration or error in that implementation. You agree to provide any requested additions or changes in your domain's DNS Host, MX, Alias, or other records to Webgate, and that the number of such changes or entries shall not be unreasonable.
4.9 - If you are separately maintaining your DNS and domain registrations with a domain name registrar, you agree that Webgate has no obligation to ensure that your domain registration is maintained in a current status by the registrar or any other entity. You are solely responsible for ensuring that your domain registration is kept current and accurate and that your account with your registrar is kept current. If Webgate is acting as your agent to manage your account with your registrar, this clause will have no effect.
4.10 - In the event that your DNS hosting arrangement with Webgate is terminated, you agree that Webgate has no obligation to provide DNS files, settings, or any other material related to your DNS entries in Webgate's DNS system to you or any third party, and you agree that Webgate has no obligation to forward DNS requests to or from your new DNS host.
4.11 - If you are purchasing Webgate's spam and anti-virus filter for your e-mail, you acknowledge that the Internet is an inherently insecure environment and that any computer or other equipment you attach directly or indirectly to the internet may become the target of computer hackers and is susceptible to attacks from viruses or the like. You are solely responsible for keeping your machines secure and free of viruses or other harmful programs that can directly or indirectly interfere with the operations of Webgate's sites and services, and that of third parties connected to its networks. You are solely responsible for guarding against and repairing your computers and other systems from any infection by malicious code or unauthorized use.
4.12 - You agree not to resell any Webgate site or service to any third party without first entering into a Reseller Agreement with Webgate.
4.13 - You agree to pay when due for the valid charges for our services and agree that such timely payment is an essential condition for Webgate's service(s). Webgate will not pay interest on deposits unless required by law to do so. Faxed copies of signatures shall be as legally binding as original signatures. Any over billing errors must be reported to Webgate within 90 days of the error, and adjustments or refunds for errors over 90 days will not be made. Webgate reserves the right to bill you for any item that has not been billed to you and should have been.
5.0 Termination for Cause
5.1 - Either party may terminate this Agreement for cause without penalty in the event that the other party breaches any material term of this Agreement. Prior to such termination, the party intending to terminate shall first give the other party written notice of its intent to terminate which shall clearly describe the problem(s) constituting cause. Other than as otherwise stated herein, the other party will have 30 days from the date of receipt of such notice to correct the problem. If the problem is not corrected within such period, the party intending to terminate may terminate this Agreement at the end of such 30th day without penalty.
5.2 - Webgate services may be used only for lawful purposes. Use of Webgate's services in violation of any applicable law or regulation is prohibited. This includes, but not limited to transmitting data (A) which is threatening, pornographic, obscene or defamatory, (B) which belongs to a third party and is protected by copyright, trade secrets, patent or other intellectual property laws, or (C) which violates export control laws. Any access to other networks connected to Webgate must comply with the rules appropriate for the other networks. Customer agrees to indemnify and hold harmless Webgate from any claims resulting from Customer's use of the service or the use of the service by any of Customer's clients or users which damages Webgate or another party. If Customer violates Webgate's acceptable use policy, or permit such violation, Webgate shall notify Customer of such violation and if Customer does not remedy such violation within three days of Customer's receipt of such notice, Webgate may terminate this Agreement without penalty.
5.3 - You agree not to transmit or knowingly permit to be transmitted via any system you control or should control, to or across any site or service operated by Webgate, any content consisting of unsolicited bulk commercial e-mail or excessive amounts of commercial Usenet postings (SPAM). Webgate enforces a policy of NO TOLERANCE with respect to SPAM and abusive e-mail, and Webgate may suspend an account without notice if it believes Customer's equipment has been used to send SPAM.
5.4 - If you compromise any Webgate network services or violate Webgate's Acceptable Use Policy, your access and hosting via Webgate may be discontinued. You acknowledge Webgate's right to take all available legal and technical steps, including remotely scanning your ports, to prevent fraudulent or counterfeit e-mail from entering or utilizing the Webgate system.
5.5 - Webgate will not host sites containing pornographic material on its servers.
5.6 - If any amounts due and owing by Customer remain unpaid 35 days after date of invoice, Webgate may immediately terminate this Agreement and suspend all accounts without sending and further written notice.
6.0 Limitations on Liability
6.1 - Webgate has the right, but not the obligation, to monitor any activity and content associated with its hosted web sites or services. Webgate may investigate any complaint or reported violation of its policies and take any action it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on a hosted web site.
6.2 - Webgate also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental request, to protect Webgate's systems and customers, or to ensure the integrity and operation of Webgate's business and systems, Webgate may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history and posted content.
6.3 - Webgate provides its web site and services "as is" and without any warranty or condition, express, implied or statutory. Webgate further specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement for the services as provided. Webgate further disclaims any express or implied warranties that it's services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error.
6.4 - In no event shall Webgate be liable for any lost profits or any special, incidental, consequential, or punitive damages arising out of, relating to, or in connection with, directly or indirectly, or intentionally or negligently, the use of Webgate's services or facilities.
6.5 - Webgate's liability to you or any third party in any circumstance is limited to the lesser of (A) the amount of fees customer paid to Webgate in the twelve month period directly prior to the action giving rise to alleged liability, or (B) $200.
6.6 - In the event that a customer provides a payment and Webgate has started setup, research, programming, or have created templates for the customer's approval for their web design, the payment is then non-refundable. In the event that a customer provides a full or partial payment, but does not provide content to Webgate within 20 business days, the payment is then non-refundable, even if the customer chooses to cancel the contract for any reason.
This Agreement shall not be assigned without the prior written consent of Webgate, which consent shall not be unreasonably withheld. The assignee shall have agreed to comply with and be bound by the terms of this Agreement and the assignor shall remain liable under this Agreement not withstanding such assignment.
Webgate Reserves the right to change or modify these Terms and Conditions without notice.
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